Full text of Act No. 2 / 1995 Coll.
Act of the Czech National Council on State aid for research and development (as the full text results from amendments made by Act No. 1 / 1995 Coll.)
Valid
2
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Announces
the full text of the Act of the Czech National Council of 4 May 1992 No. 300 Coll., on State aid for research and development, as follows from amendments and additions made by Act No. 1 / 1995 Coll.
The Czech National Council decided on this law:
BASIC PROVISIONS
The Act provides for a system of State aid for research and development, related rights and obligations of legal and natural persons engaged in research and development, and State authorities providing for their support.
(1) Research for the purposes of this law means systematic and creative work extending the knowledge of nature, man, society, thinking, culture and technology. For the purposes of this Act:
(a) research into creative work developing the boundaries of knowledge, including the acquisition and verification of new knowledge and the creation of new hypotheses and theories;
(b) targeted research, which is creative work aimed at obtaining knowledge in a particular field, formulated according to current or anticipated scientific, social and economic interests, which creates the necessary basis for further research or for the subsequent development of products and technologies, including management systems and medical procedures.
(2) Development means the use of research knowledge or the implementation of new ideas and technologies, including their transfer to the level of semi-operational or verification equipment to obtain new or significantly improved products and technologies.
FINANCING OF RESEARCH AND DEVELOPMENT FROM THE STATE BUDGET OF THE CZECH REPUBLIC
(1) The financing of research and development from the budget of the Czech Republic is carried out in the form of:
(a) special-purpose subsidies and repayable financial assistance for the management of research and development projects to natural and legal persons, with the exception of contribution and budgetary organisations, and the financing of the activity of contribution and budgetary organisations in the management of research and development projects (hereinafter referred to as "special-purpose financing");
(b) financing of activities other than those referred to in (a) (hereinafter referred to as "institutional financing") of research and development contribution and budgetary organisations.
(2) Natural and legal persons who have received State budget funds in the field of research and development shall:
(a) to provide the public with information on the research and development carried out, to ensure public access to the results of this activity and to enable the results obtained to be used in accordance with the conditions laid down in the grant of the appropriations, unless otherwise provided by specific provisions; 1)
(b) ensure the efficient use of budgetary resources.
The institutional funding of the R & D organisations in the Czech Republic is carried out from the budget chapters of the relevant central bodies (central bodies), based on an evaluation of the results of their R & D activities carried out by the founder and the Council of the Government for Research and Development.
(1) The purpose of financing research and development is to:
(a) a separate chapter of the state budget of the Czech Republic, set up for the Grant Agency of the Czech Republic (the Grant Agency). This Chapter is divided into parts for support for R & D projects proposed by natural or legal persons and parts for support for selected projects fulfilling programmes based on government R & D principles,
(b) from the budget chapters of the various central government bodies of the Czech Republic in accordance with the principles of the Government for Research and Development.
(2) The purpose of financing the development of the state budget is to complement the financing of the development from its own resources only in a selective manner, mainly on the basis of the principle of recovery of budgetary appropriations.
(1) The purpose of funding R & D is to be carried out by the central government on the basis of the results of the tender procedure under the conditions laid down in the grant of budget appropriations, unless otherwise provided for in the specific legislation.2) The condition for the provision of funds is to transfer data to the central register of projects financed by the State budget. There is no legal right to grant funds.
(2) The specific conditions for the special purpose financing of research and development and the transmission of data to the central register of projects financed from the state budget are laid down by the Government by regulation.
THE GOVERNMENT COUNCIL OF THE CZECH REPUBLIC FOR RESEARCH AND DEVELOPMENT
(1) A Council of the Government for Research and Development (hereinafter referred to as the Council) is hereby established.
(2) The Council is an expert and advisory body of the Government for research and development.
(3) The Council shall in particular:
(a) express its views on the draft legislative documents relating to research and development submitted to the Government;
(b) draw up a proposal for the government to allocate special-purpose funds from the State budget to support research and development;
(c) examine the draft budget of the Grant Agency and the State of Research and Development materials submitted by the Central Authorities, the Grant Agency and other bodies before they are discussed in the Government;
(d) examine the programmes of the Grant Agency and the research and development programmes proposed and announced by the various central government bodies;
(e) propose the level of institutional resources spent by the central authorities on the research and development activities of their established organisations and communicate its views to those authorities and to the government; for organisations established by the Ministry of Defence, account shall be taken of their different nature of activity;
(f) be responsible for the central record of all R & D projects financed by the State budget;
(g) submit proposals for the appointment and withdrawal of members of the Bureau of the Grant Agency.
(1) The members of the Council are appointed by a government which may also withdraw them for serious reasons.
(2) The term of office of the members of the Council shall be four years.
(3) A member of the Council may be re-appointed to the Council only in two consecutive terms of office.
(4) The Council has 15 members. An absolute majority of Council members must be appointed from R & D personnel.
(5) Membership of the Council is a public function.3) The remuneration for the performance of that function is determined by the Government by its resolution.
(6) Membership of the Council is incompatible with membership of the bodies of the Grant Agency.
(7) The President of the Council is appointed and withdrawn by the Government. The President of the Council shall be a member of the Government.
(8) Further elements necessary for the Council's action shall be governed by its Statute, which shall be submitted to the Government for approval within one month of its establishment.
GRANT AGENCY
(1) A Grant Agency is hereby established.
(2) The grant agency is a budgetary organisation and a legal person; The headquarters of the Grant Agency is the capital city of Prague.
(3) The grant agency provides special-purpose funds on the basis of the results of the tender. There is no legal right to grant special-purpose funds unless they have been awarded by the Grant Agency to the appellant after the award of the contract.
(4) The organisation of the Grant Agency and the manner in which it declares its tender is governed by its Statute, approved by the Government.
(1) For budgetary purposes, the grant agency has the status of a central body of government.
(2) Funds received from sources other than the State budget are managed by the Grant Agency in its reserve fund and are transferable from the current year to others.
In particular, the grant agency shall:
(a) establish methodological and organisational procedures associated with the provision of special-purpose funds for research and development projects under its budget chapter;
(b) declare a tender for the provision of special-purpose funds for research and development projects designed by natural or legal persons;
(c) proclaims a tender for the provision of special-purpose funds for research and development projects implemented by the programmes of the Grant Agency;
(d) ensure the evaluation and selection of proposals for research and development projects,
(e) allocate special-purpose funds under contracts to selected research and development projects and check the execution of such contracts;
(f) monitor the use and use of special-purpose funds to support research and development projects;
(g) evaluate and control the achievement of the objectives of research and development projects;
(h) submit a draft budget and reports to the Council and the Supervisory Board of the Grant Agency for the Government.
The bodies of the Grant Agency shall be:
(a) the President of the Grant Agency (hereinafter referred to as the President),
(b) The Bureau of the Grant Agency (hereinafter referred to as the Bureau),
(c) the Supervisory Board of the Grant Agency (hereinafter referred to as the Supervisory Board).
The President
(1) The statutory body of the Grant Agency shall be the President who directs its activities.
(2) The President shall be appointed and dismissed by the Government on a proposal from the Council. The term of office of the Chairperson shall be four years.
Bureau
(1) The Bureau is the executive body of the Grant Agency.
(2) The Bureau shall have five members. They shall be composed of the President and other members of the Bureau. The members of the Bureau shall be appointed and dismissed by the Government on a proposal from the Council. The term of office of the Bureau shall be four years.
(3) Bureau:
(a) approve invitations to tender for the provision of special-purpose funds; conclude special-purpose finance contracts for selected research and development projects,
(b) submit to the Government a proposal for the Statute of the Grant Agency;
(c) submit a draft budget to the Council and the Government of the Grant Agency;
(d) submit to the Council a proposal for programmes of the Grant Agency based on the R & D principles of the Government;
(e) establish expert groups as temporary advisory bodies in accordance with the Statute of the Grant Agency.
Supervisory Board
(1) The Supervisory Board is the audit body of the Grant Agency.
(2) The Supervisory Board shall have ten members who shall elect and dismiss the Chamber of Deputies for four years.
(3) Supervisory Board:
(a) control the distribution of funds to the Grant Agency;
(b) submit opinions to the Bureau;
(c) supervise the activities of the Grant Agency;
(d) at least once a year, it shall foresee a report to the Chamber of Deputies on the activities of the Grant Agency.
(4) The membership of the Supervisory Board is incompatible with the function of the other bodies of the Grant Agency.
Trade Commission
(1) Standing advisory groups The Bureau shall be the trade committees which shall ensure the evaluation and evaluation of project proposals.
(2) The members and alternates of the trade committees are elected and dismissed by joint meetings of the Council and the Bureau on the basis of proposals from legal persons involved in research and development. The term of office of the member and alternate of the trade committee shall be three years, and may be renewed after three years from the end of the term of office.
(3) Further details will be provided for in the Statute of the Grant Agency.
(1) The activity of the Grant Agency is provided by the Office of the Grant Agency.
(2) The Head of the Office of the Grant Agency is the Director appointed and removed by the President of the Grant Agency.
(3) The Office of the Grant Agency is financed from the budget of the Grant Agency.
(1) Membership of the bodies of the Grant Agency is a public function. 3) The remuneration of members of the bodies of the Grant Agency shall be approved by the Government on a proposal from the Council.
(2) The remuneration of members of the trade committees and expert groups of the Grant Agency is approved by the Bureau in accordance with the principles laid down in the Statute.
TRANSITIONAL AND FINAL PROVISIONS
The Government shall appoint the Council within 60 days of the date of application of this Act.
The Council shall, within one month of its appointment, submit to the Government a proposal for a President and other members of the Bureau.
The Bureau shall appoint other bodies of the Grant Agency within one month of its appointment, with the exception of the Supervisory Board.
This Act shall take effect on 1 July 1992.
* * *
Act No. 1 / 1995 Coll., amending and supplementing the Act of the Czech National Council No. 300 / 1992 Coll., on State aid for scientific activity and technological development, became effective on 18 January 1995.
* * *
Article II of Law No 1 / 1995 Coll. reads:
(1) Within one month of the entry into force of this Act, the Council will submit to the Government a draft amendment to its Statute.
(2) Within one month of the entry into force of this Act, the Bureau shall submit to the Government a draft amendment to the Statute of the Grant Agency.
Uhde v. r.
1) For example Act No. 102 / 1971 Coll., on the Protection of State Secrets, as amended, and Sections 17 to 20 of Act No. 513 / 1991 Coll., Commercial Code, as amended.
2) Act No. 102 / 1971 Coll., as amended.
3) Paragraph 124 (1) and (2) of the Labour Code.
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Regulation Information
| Citation | Full text of Act No. 2 / 1995 Coll., Act of the Czech National Council on State aid for research and development (full text as follows from amendments made by Act No. 1 / 1995 Coll.) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.01.1995 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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