Government Decree No. 20 / 1955 Coll.
Regulation on administrative proceedings (Administrative Regulations)
Valid
Effective from 01.07.1955
Contents
ČÁST PRVNÍ.
Oddíl 1.
§ 1.
§ 2.
Oddíl 2.
§ 3.
§ 4.
§ 5.
§ 6.
ČÁST DRUHÁ.
Oddíl 1.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
§ 17.
Oddíl 2.
§ 18.
§ 19.
§ 20.
§ 21.
Oddíl 3.
§ 22.
Oddíl 4.
§ 23.
§ 24.
§ 25.
§ 26.
Oddíl 5.
§ 27.
§ 28.
§ 29.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
Oddíl 6.
§ 39.
§ 40.
§ 41.
Oddíl 7.
§ 42.
§ 43.
ČÁST TŘETÍ.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
ČÁST ČTVRTÁ.
§ 49.
§ 50.
§ 51.
§ 52.
§ 53.
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20.
Government Regulation
of 22 March 1955
on administrative proceedings (administrative procedures).
The Government of the Czechoslovak Republic orders pursuant to § 33 paragraphs 1 and 3 of Act No. 13 / 1954 Coll., on National Committees:
PRINCIPLES OF MANAGEMENT.
Initial provision.
Purpose of the regulation.
The purpose of this Regulation is to regulate administrative procedures in order to enable the best possible performance of the tasks of the People's Democratic Government, to contribute to the protection of the general interests and of the rights and legitimate interests of workers and socialist organisations, to facilitate the consolidation of socialist legality and state discipline and to raise awareness of discipline.
Scope of validity.
(1) Under this Regulation, a procedure shall be followed in which the parties' rights or obligations are decided by the executive bodies of the national committees or by other bodies of state administration (hereinafter referred to as "administrative bodies'). However, where the special rules provide for proceedings in cases of administrative derogation, they shall be followed accordingly.
(2) This Regulation shall not apply to administrative criminal proceedings.
Basic rules of procedure.
(1) The administrative authorities use the procedure to deepen their connection with the people and to strengthen the confidence of the workers in the popular democratic state apparatus. In the proceedings, they shall work closely with workers, support their initiative and rely on their assistance and incentives.
(2) The administrative authorities deal with every matter conscientiously, responsibly and without any bureaucratic, casual or condescending attitude. They deal with it in the knowledge that their main task is to serve workers, to take care of their needs and to take care of their well-being in general.
The administrative authorities shall educate in proceedings working to voluntarily fulfil their obligations in the interests of the whole, explain the importance of their actions and mobilise active participation in their implementation.
(1) The administrative authorities shall initiate proceedings on a proposal or on their own initiative. On its own initiative, it shall initiate proceedings where the general interest or protection of the rights and legitimate interests of workers and socialist organisations so require.
(2) The administrative authorities shall act in accordance with the laws and regulations, the needs and interests of the working people and shall ensure the rights and legitimate interests of workers and socialist organisations. They adapt the procedures to the circumstances of the case in the framework of the rules in order to achieve its purpose as perfect as possible and to take place as quickly as possible, in the simplest and most cost-effective manner possible and without unnecessary burdens on workers.
(3) The administrative authorities shall take appropriate measures to ensure that the proceedings do not breach national, economic or professional secrecy.
The administrative authorities shall continuously examine whether the management method complies with these basic rules and whether it leads to the consolidation of order in their activities. They consistently remove the detected defects.
_
General provisions.
Interested parties.
(1) The administrative authority shall ensure that the parties to the proceedings are active associates. It shall ensure that the parties do not suffer damage in proceedings due to a lack of knowledge of the rules and provide them with the necessary lessons and assistance.
(2) They must always give participants the opportunity to exercise their position in the proceedings and to defend their rights and legitimate interests effectively.
Representation.
(1) A participant who cannot act alone in proceedings is represented by his legal representative; where the party has no legal representative, the administrative authority shall appoint a guardian, if necessary to defend its interests in the proceedings. The administrative authority shall also appoint a guardian of the party whose residence is unknown and who has not appointed an agent.
(2) The parties, their legal representatives and guardians may be represented by an agent.
Loyalty.
(1) The Executive Authorities of the National Committees shall exercise their competence in all fields of administration where, under specific regulations, the competent authorities are not different.
(2) Unless otherwise specified, trade unions shall be responsible in the first seat, in the case of similar executive bodies of the regional national committees.
Local jurisdiction.
(1) Local jurisdiction shall be governed by the principal residence of the party to the proceedings. In matters where an activity is involved, the place of the activity and in matters relating to the property shall be governed by the location of the property.
(2) If local jurisdiction cannot be so determined or if there is a danger in delay, the administrative authority with which it has been initiated shall carry out the proceedings. Where several administrative authorities are competent locally, the first party to the proceedings shall proceed.
(3) In doubt, local jurisdiction shall be determined by the superior administrative authority. The competent administrative authority may also, where appropriate, determine that the procedure or part thereof shall be carried out at the place of the administrative authority of the other administrative authority concerned; However, only the competent authority of a material and the same degree as initially competent may designate the administrative authority.
Passion.
(1) Proceedings may not be carried out by those in respect of whom, for the ratio to the present case, to the parties or to their representatives, there may be doubt as to their unbiased nature. In the appeal procedure (section 5), in the examination of a decision outside the appeal procedure (section 6) and in the proceedings for the protest of the Attorney General (section 7), the person who took part in the decision in the lower seat is also excluded.
(2) If the party objects to the bias or finds it itself, it shall immediately notify its immediate superior, who shall arrange for the grounds for the bias to be carried out by an unbiased worker. Where the head of the department or similar executive body of the National Committee is taken, the necessary measures shall be taken by the Board. Where the whole administrative authority is taken, the administrative authority shall take the necessary measures by the superior.
(3) If there is a danger of delay, the action taken shall be carried out in the proceedings itself if the necessary action cannot be taken immediately.
Serve.
(1) Submission may be made in any way where it is reliably apparent who makes the submission what it is, in the case of what is proposed. Where a claim is made, the facts justifying it shall also be indicated and, where possible, the necessary evidence shall be attached or proposed.
(2) Where a party so requests, the administrative authority shall, if it has a material responsibility, file with it. In doing so, it shall give the participant the necessary advice and ensure that the submission contains all that is necessary to properly exercise the interests of the participant. The management authority of the national committee shall, at the request of the teller, draw up a file which is of the nature of the complaint, notification or initiative of the workers, irrespective of their material and local jurisdiction.
(3) If the submission has been made to an administrative authority not competent, that authority shall immediately forward it to the competent authority.
Costs.
(1) The costs of management incurred by the administrative authority shall be borne by the institution's budget. The costs incurred in the proceedings shall be borne by the party itself.
(2) The administrative authority may, however, require the participant to make good the costs incurred by the administrative authority by fault of the participant, in particular by its arbitrary proposal or by deliberately delaying the procedure. The administrative authority may also require the participant to compensate the other parties for the costs incurred by their fault.
(3) The administrative authority shall replace the witness with the necessary expenses and earnings which it has shown it has missed. The witness's claim shall cease unless he has applied it no later than 3 days after his hearing.
(4) The administrative authority shall replace the experts with the necessary expenditure. It shall also provide him with a reasonable remuneration for the work involved in the submission of an opinion where such work is not part of the duties of the expert resulting from his employment.
Ensuring the process and purpose of the proceedings.
(1) The administrative authority is entitled to bring persons whose personal presence is necessary in the hearing, even if they reside outside its jurisdiction. When calling, the administrative authority must meet the workers in such a way that they are not unnecessarily burdened.
(2) Persons who intentionally obstruct or annul the proper conduct of proceedings may, in cases where there is no other remedy, impose an order-by-order fine of up to 100 Ccs upon prior notice.
(3) The administrative authority may, before the end of the proceedings, take the necessary measures to ensure the purpose of the proceedings, to the extent necessary:
1. Order the parties to do something, to stay or to suffer;
2. order seizure or other provision of goods,
(a) which are to be declared forfeited or destroyed or rendered unnecessary; or
(b) required to carry out the evidence.
(4) A separate appeal shall be admissible against the decisions referred to in paragraphs 2 and 3.
Time limits.
Setting a deadline.
If the time limit for carrying out the proceedings is not laid down by law, the administrative authority shall fix a reasonable time limit. For important reasons, the administrative authority may extend the period it has designated itself.
Counting the deadline.
(1) If the time limit is determined by the number of days, it shall not count as the date on which the event became the beginning of the period.
(2) Time limits determined by the number of weeks or months shall end on the expiry of that day of the last week or month, which shall coincide with its designation or numerical marking with the date on which the event became the beginning of the period. If it is not such a day in the last month, the period shall expire on the last day of that month.
(3) If the time limit for the day of work ends, the last day shall be the next working day.
(4) The time limit is maintained if, before its expiry, the submission has been made to the administrative authority to which it is to be submitted, the superior administrative authority or the local national committee of the place of residence, residence or place of work of the person making the submission. The deadline is also maintained if the submissions addressed to one of these administrations have been submitted before its expiry to postal services. Paragraph 28 of the Rules on the retention of the period of appeal applies.
(5) In doubt, the period shall be deemed to be maintained unless proven otherwise.
Time back.
(1) If, for an justifiable reason, a time limit for the execution of an action in proceedings is lost, the administrative authority with which the action was to be taken shall authorise the recovery of the time limit if it so requests within 15 days of the date on which the obstacle was dropped and if it makes the missed action within the same period.
(2) The request for repayment of the deadline shall have suspensory effect if it has been missed.
(3) The time limit shall be maintained by authorising the recovery of the missed period.
Determination of the basis for decision making.
The basis of the decision.
(1) The administrative authority must ensure that the facts underlying the decision are identified as precisely and fully as possible. In this regard, and in accordance with the basic rules of procedure, the administrative authority shall also determine how the factual basis of the decision is to be established, in particular whether oral proceedings are to be held and which evidence is to be carried out.
(2) The administrative authority shall give the parties an opportunity to comment on the supporting documents and on the manner in which they are found, where appropriate, to propose supplementing them before the decision is taken.
Looking into files.
(1) The parties to the proceedings and their representatives have the right to consult and to obtain copies of the files, with the exception of voting notes (advisory protocols). The administrative authority may allow other persons to consult files if they certify that knowledge of the content of the file is needed to defend their rights and legitimate interests.
(2) The administrative authority shall be obliged to take measures to ensure that the inspection of files does not infringe national, economic or professional secrecy. However, the maintenance of professional secrecy is not a reason for them to be excluded from consultation of a part of the file, which contains an indication of the circumstances which are or may be the basis of the decision.
Proving.
(1) The administrative authority shall use as evidence such evidence as is appropriate to establish the state of the case, in particular the examination of witnesses, expert opinion, document or examination.
(2) Interested parties are to propose evidence to prove the truth of their claim. However, the administrative authority shall carry out all the evidence which may contribute to a complete clarification of the matter, even if it has not been proposed by any party.
(3) Where evidence is carried out by local examination or examination of the case, the owner (holder, administrator) shall be obliged to suffer the examination, to allow the necessary access to the property or to the room for that purpose, upon presentation of the subject of the examination. The administrative authority may require the person who has the instrument of proof to submit it.
(4) The evidence of individual evidence shall be assessed by the administrative authority taking account of all the circumstances of the case.
Honorable statement.
(1) The administrative authority may accept, on the spot, evidence of a declaration of honour of the party to the proceedings.
(2) An affidavit may not be accepted if there is a particular general interest in establishing a fact or, if this would be infringed in a procedure involving several parties, equality between them. An expert opinion cannot be replaced by an honest statement.
(3) The evidence of an honest declaration shall be evaluated by the administrative authority taking into account the outcome of the proceedings. Where the content of an affidavit is not in accordance with the outcome of the proceedings, the administrative authority may also order the proof at the place of which it has accepted the affidavit.
Peace.
Where the subject matter of the proceedings is at issue between the parties and where the nature of the case does not preclude it, the parties may, with the approval of the competent administrative authority, conclude a conciliation procedure. The administrative authority should always try to conclude a settlement that can be approved in the general interest.
Decision.
Conditions.
The decision shall be taken by the competent administrative authority following the prescribed procedure, in particular after a reliable finding of the state of the case (§ 18). The decision must comply with the laws and other rules as well as the outcome of the proceedings in order to ensure that the purpose pursued by the law is met as well as the protection of the rights and legitimate interests of workers and socialist organisations.
Time limit for decision.
(1) In simple cases, in particular where a decision is made only on the basis of documents submitted by a party to proceedings, the administrative authority shall take a decision without delay after the application has been lodged. The administrative authority shall also issue immediately a certificate of the facts known to it.
(2) In other cases, decisions must normally be taken within 15 days. If, within that period, a decision cannot be taken on the matter in respect of the particular complexity of the case or for other important reasons, the administrative authority shall inform the parties thereof, stating the reasons and shall inform them of the time limit within which the application is to be decided.
The terms of the decision.
(1) The Decision contains a statement of reasons, a statement of reasons and a statement of appeal. Justification shall not be required if the decision satisfies the parties in full and if there is no objection from another party.
(2) The statement of reasons must clearly indicate the basis on which the decision was given and the considerations taken when assessing the evidence. The justification must be convincing in order to show the correctness of the decision and to strengthen the confidence of workers in a people's democratic state apparatus and to educate them for voluntary and disciplined fulfilment of their duties.
(3) The operative part is to deal fully with the present case and all the parties' proposals. The administrative authority may, where appropriate, decide on certain parts of the subject matter separately. Where the decision imposes an obligation to perform, the administrative authority shall set a reasonable time limit for them.
(4) The notice of appeal shall include an indication of whether the decision is final or whether it can be withdrawn from it, by which period and by which administrative authority. If the decision lacks an appeal notice or is incomplete, the party may apply within 15 days of the date on which the decision was notified to him (Paragraph 26) to be completed. In such a case, the period of notice of appeal shall begin to run from the date on which the participant was informed of the complete information. If the instruction is incorrect and the party has therefore lodged an appeal after the deadline, the appeal shall be deemed to have been lodged on time.
Notice of the decision.
The decision shall be notified to the party concerned by the service of his written copy; However, if it has been declared orally in the presence of the parties, it shall be notified by this oral declaration. A party may, even in such a case, request within 3 days that a written copy of the decision be served on it; the decision shall be notified to the tenderer only on the date on which his written copy is served.
Appeals.
Acceptable appeal.
(1) Unless otherwise specified, the party may appeal against the decision. However, no appeal may be made:
(a) against a decision of the Central Office;
(b) against a decision of appeal issued by the appeal authority (§ 31).
(2) A decision given in respect of proceedings may be resisted - unless it is expressly permitted to appeal separately - only in the appeal lodged against the final decision.
Time for appeal.
(1) The appeal shall be lodged within 15 days of the date of notification of the decision (§ 26) to the administrative authority which issued the contested decision.
(2) The period of appeal shall be maintained even if the appeal has been lodged before its expiry directly with the appeal authority or the local national committee of the place of residence, residence or place of work of the appellant. The time limit shall also be maintained if, before its expiry, the appeal has been surrendered to postal services and addressed to the administrative authority which issued the contested decision or to the appeal authority.
Deferred effect.
(1) An appeal lodged in due time by an authorised party has suspensory effect.
(2) The administrative authority may rule out the suspensive effect of an appeal if the immediate enforcement of the decision is necessary for an urgent general interest, or if there is a risk that another party, if any, may suffer irreplaceable damage by deferral of enforcement. No appeal shall be made against a decision excluding the suspensive effect of an appeal.
Forms of appeal.
The appeal may be lodged in writing or orally. They shall be justified and, where possible, attached or proposed in it the necessary evidence; However, the administrative authority shall also discuss appeals if these formalities are not fulfilled.
Appellate Body.
(1) The appeal shall be decided by the superior administrative authority.
(2) An appeal against a decision of a department or similar executive body of a national committee shall be decided by the department, after a similar management body of the national committee of an immediate higher degree; If an appeal is made against a decision of a department or similar executive body of the Regional National Committee, it shall be decided by the Central Competent Authority. The department shall decide on the appeal against a decision of the Board of the Local National Committee for which there are no trade unions, after a similar management body of the District National Committee, with the knowledge of its Board.
Appeals.
The administrative authority which issued the contested decision may itself grant the appeal if the contested decision concerns none other than the appellant. Such a decision of appeal may be further appealed against.
The administrative authority shall inform the other parties of the appeal lodged, of the new claims of the appellant and of the new evidence proposed. In doing so, they shall set a reasonable time limit, not less than 3 days, within which they may comment.
(1) If the administrative authority which issued the contested decision does not comply with the appeal itself, it shall submit it immediately with the complete file to the appeal authority. If the proceedings need to be completed, they shall do so without delay so that the appeal can be lodged with the appeal authority no later than 3 weeks after the date on which the appeal took place; within that period, it shall also carry out the newly proposed evidence required to supplement the proceedings. The appeal shall also be submitted if it has been submitted late or is not admissible.
(2) The administrative authority shall also attach its opinion on the grounds and possible observations of the other parties to the appeal.
The appeal authority shall refer the matter back to the administrative department of the first storehouse for replenishment where it is necessary to supplement the present proceedings to a reliable decision of the appellant, in particular by carrying out new evidence or by repeating the evidence already carried out. Where appropriate, the appeal body shall complete the proceedings itself.
(1) As a general rule, the appeal authority shall decide on the substance of the case.
(2) However, the appeal authority may revoke the contested decision and refer the case back to the administrative authority of the first storehouse for reconsideration and to a decision where the situation of the case is found to be insufficient to carry out an extensive investigation or to repeat the proceedings. The administrative organ of the first stool shall be bound by the opinion of the appellate body.
(3) The appeal must be lodged within 3 weeks of the date on which the appeal authority took place. If it cannot be settled for the particular complexity of the case or for other important reasons within that period, the appellant's appeal authority shall inform the appellant accordingly, stating the reasons why the appeal could not be dealt with in time.
The appeal authority shall not be bound by the submissions of the parties, shall examine the veracity of the contested decision and may amend or supplement it in any way; ensure that all procedural defects in the first stool are eliminated which may affect the accuracy of the decision.
Where an appeal has been filed late or inadmissible, the appeal authority shall examine whether there is a reason for the annulment or amendment of the decision outside the appeal procedure; otherwise he will refuse the appeal.
Review of the decision outside the appeal procedure.
(a) the executive bodies of the national committees:
(1) The competent authorities shall have the right to review the decisions of the national committees and may cancel or amend them. The authorities superior to the trade unions or similar executive bodies of the national committees shall have the right to review their decisions and to cancel or amend incorrect decisions.
(2) The competent authority shall review decisions on its own initiative or on the initiative of others, in particular on complaints from workers.
(1) If the superior administrative authority intends to revoke or amend the decision of the Executive Authority of the National Committee, it shall request its observations in advance.
(2) When a decision is repealed or amended, care must be taken to ensure that the rights acquired in good faith are least affected.
(3) The decision repealing or amending the decision of the Executive Authority of the National Committee should be carefully justified in order to fully convince the internal content of its correctness. The same copy of the decision shall also be sent to the competent prosecutor.
(b) other administrative authorities:
Paragraph 40 shall also apply mutatis mutandis in cases where superior administrative authorities may interfere with or amend decisions of administrative bodies other than the executive bodies of national committees.
The General Prosecutor's protest procedure.
(1) The defence of the Attorney General may be upheld by the administrative body against whose decision the protest is directed. The administrative authority shall notify the decision granting the protest (Paragraph 26) within the time limit specified in the protest.
(2) If the administrative authority against whose decision the protest is directed does not wish to comply with the protest, it shall submit it, with its opinion, within a period of time within which the protest is to be decided by the higher level administrative authority.
(3) The higher-level administrative authority shall also notify its decision on the protest within the period specified in the protest; that period shall be calculated from the date on which it received the protest from the subordinate administrative authority. If it is not possible to make a decision in time, it shall also inform the prosecutor who filed the protest of the reasons preventing compliance with the deadline.
The decision on the protest shall be sent by the administrative authority at the same time as its notification (Sections 42 (1) and (3)) to the prosecutor who lodged the protest. If the administrative authority also submits a protest to a higher level administrative authority (Paragraph 42 (2)), it shall also inform the prosecutor who lodged the protest of his position at the same time.
Contents
ČÁST PRVNÍ.
Oddíl 1.
§ 1.
§ 2.
Oddíl 2.
§ 3.
§ 4.
§ 5.
§ 6.
ČÁST DRUHÁ.
Oddíl 1.
§ 7.
§ 8.
§ 9.
§ 10.
§ 11.
§ 12.
§ 13.
§ 14.
§ 15.
§ 16.
§ 17.
Oddíl 2.
§ 18.
§ 19.
§ 20.
§ 21.
Oddíl 3.
§ 22.
Oddíl 4.
§ 23.
§ 24.
§ 25.
§ 26.
Oddíl 5.
§ 27.
§ 28.
§ 29.
§ 30.
§ 31.
§ 32.
§ 33.
§ 34.
§ 35.
§ 36.
§ 37.
§ 38.
Oddíl 6.
§ 39.
§ 40.
§ 41.
Oddíl 7.
§ 42.
§ 43.
ČÁST TŘETÍ.
§ 44.
§ 45.
§ 46.
§ 47.
§ 48.
ČÁST ČTVRTÁ.
§ 49.
§ 50.
§ 51.
§ 52.
§ 53.
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Regulation Information
| Citation | Government Decree No. 20 / 1955 Coll., on Administrative Procedure (Administrative Regulations) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.04.1955 |
|---|---|
| Effective from | 01.07.1955 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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