Decree No. 213 / 2019 Coll.
Ordinance on the requirements of the allocation generator ensuring the allocation of insolvency matters by random selection, the manner in which the allocation generator is operated and the content of the work schedule and the way in which it is compiled for the purpose of using the allocation generator (Order on the allocation generator)
Valid
Order
Effective from 01.11.2019
213
DECLARATION
of 16 August 2019
on the requirements of the allocation generator ensuring the allocation of insolvency matters by random selection, the way in which the allocation generator is operated and the content of the work schedule and the way in which it is compiled for the purpose of using the allocation generator (Allocation Generator Decree)
The Ministry of Justice shall determine, pursuant to Article 45 (1) and (3) of Act No. 6 / 2002 Coll., on the Courts, Judges, Addresses and Government Administration of the Courts and on the amendment of certain other laws (Law on Courts and Judges), as amended by Act No. 296 / 2017 Coll.:
The requirements of the allocation generator and its operation
(1) The allocation generator is an information system operated and managed by the Ministry using a mathematical algorithm and random numbers to ensure the allocation of insolvency matters by the judicial departments according to the schedule of the insolvency court's work by random selection without the possibility of influencing the allocation of items. The allocation generator shall be operated in such a way that the assignment of the case takes place on the basis of the requirement of the insolvency court to which the award result will also be made available.
(2) The mathematical algorithm used by the allocation generator is set out in the annex to this decree.
(3) The allocation generator uses a certified true random number generator or another random number generator for which the physical or hardware methods ensure the generation of genuine random numbers.
Allocation by random selection
The insolvency allocation generator shall allocate random selection to the individual judicial departments in such a way that the number of items allocated is comparable depending on the size of the idea of the judicial departments.
(1) In assigning an insolvency case that does not fall within any specialisation according to the work schedule, the allocation generator shall take into account:
(a) the number of judicial departments handling insolvency cases;
(b) the size of the idea as a share of the individual departments in the idea of new insolvency matters;
(c) the number of insolvency cases assigned to each judicial department by the allocation generator in accordance with the rules on the full text of the work schedule;
(d) the number of cases assigned to each department other than by the allocation generator in accordance with the rules on the full text of the work schedule; and
(e) the number of items assigned to each judicial department which have been miswritten, wrongly assigned to that judicial department or which have not been taken into account.
(2) When allocating the insolvency case within the scope of the specialisation according to the work schedule, the allocation generator shall take into account:
(a) the number of judicial departments handling insolvency matters in the specialisation;
(b) the size of the idea in the specialisation;
(c) the number of insolvency matters assigned to each department by the allocation generator under the rules on the full text of the work schedule, as part of the specialisation concerned;
(d) the number of insolvency matters allocated to individual departments in the context of the specialisation in question, other than by the allocation generator in accordance with the rules on the full text of the work schedule; and
(e) the number of items assigned in the course of the specialisation concerned to individual judicial departments which have been miswritten, wrongly assigned to that judicial department or which have not been taken into account.
(3) For the purposes of this decree, the full text of the work schedule shall be considered to be the effective version of the work programme adopted for the year in question or, where applicable, the full version of the work schedule for the year in question, as amended by effective amendments to the work schedule, where such amendments have taken place in relation to the insolvency departments
(a) to change the number of such judicial departments;
(b) to change the size of the idea of judicial departments;
(c) to change the specialties assigned to the judicial department;
(d) to change in the size of the idea in the dedicated specialties;
(e) to put an end to an idea in the judicial department or to the specialties assigned; or
(f) to put an end to the termination of the idea in the judicial department or in the specialised fields assigned to it.
(4) If, on the basis of a change in the schedule of work, an idea has been stopped for a period with a predetermined end on a specific date, that date shall be deemed to be the effective date of the change in the schedule of work which has resulted in the termination of the idea in that judicial department.
(5) The factors referred to in paragraphs 1 and 2 shall be taken into account by the allocation generator according to the status at the time of the allocation of the case.
(1) The insolvency case shall be allocated by the allocation generator according to the wording of the work schedule effective at the time when the insolvency case reaches the insolvency court. if, in particularly justified cases, the insolvency case is not allocated according to such a version of the schedule of work, it shall be allocated in accordance with the wording of the schedule of work effective at the time of allocation. If, according to the wording of the schedule of effective work at the time when the insolvency court took place, the insolvency proceedings should be assigned to the judicial department which, according to the wording of the schedule of effective work at the time of the award, is not set up or the idea is stopped, the insolvency proceedings shall be assigned to the remaining judicial department in accordance with the wording of the schedule of effective work at the time when the insolvency court took place.
(2) The insolvency case shall be redistributed by the allocation generator in accordance with a change in the work schedule, which provides for a rule for redistribution. If such a rule has not been provided for, the institution-specific allocation generator defined in the measure of the President of the Court shall, mutatis mutandis, redistribute under the rules governing the allocation of a new case according to the wording of the work schedule effective at the time when the fact establishing the ground for reallocation arose.
Content and compilation of the work schedule
(1) The work schedule contains rules on the allocation of insolvency proceedings to the individual judicial department through the allocation generator; in the case of insolvency proceedings, the insolvency application, the case entered in the register of INS or ICm or the list of Senate marks on those registers and the case brought against the judgment in those cases. Where it is not possible to allocate insolvency matters by random selection between at least 2 departments or where there are reasons for allocating insolvency matters without an element of randomness, the work schedule shall also include rules for allocating insolvency matters without the use of the allocation generator.
(2) For the purpose of applying the allocation generator, the work schedule shall be drawn up in such a way that the allocation rules under which the insolvency case is assigned by random selection between at least two departments are machine-processed.
(3) The schedule of work contains a rule whereby, where an allocation generator cannot be used, insolvency matters are assigned between at least two judicial departments by the system of procedure or another procedure which excludes the possibility of determining in advance which judicial department would be assigned the case.
Allocation of restructuring items
(1) Paragraph 1 to 5 shall apply mutatis mutandis to the allocation of restructuring cases by the judicial department according to the restructuring court's schedule.
(2) The restructuring case is a proposal for the opening of a restructuring procedure or another submission initiating a restructuring procedure, a proposal for a regulation of an interim measure before the opening of a restructuring procedure, a proposal for an individual moratorium before the start of a preventive restructuring, an action under Paragraph 98 (4) of the Preventive Restructuring Act and an appeal against a decision in these cases.
Efficacy
This Regulation shall enter into force on 1 November 2019.
Minister of Justice:
Mgr. Benešová v. r.
Annex to Decree No 213 / 2019 Coll.
Mathematical algorithm used by the allocation generator
(1) The probability of selecting a judicial department from n judicial departments is
ρi = lièi ~ i = 1nliãi
the following shall apply:
(a) if - the size of the idea of the judicial department,
b) ãi = ai-aminδα + 1-ai-aminδβ,
(c) ai = qili Noveli = 0 Istrii = 0
d) δ = aMAX - aMIN; δ = 0 ãi = 1,
(e) qi - number of items allocated,
(f) α, β, α, β, α, β, β, α, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, α, α, α, β, β, β, β, β, β, β, β, β, β, β, β, β, β, α, α, α, α, α, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, α, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, α, α, α, α, α, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β, β
(g) ai ∞ AMIN-HAM-MAX-HAM-HAM (α, β),
(h) yourselves = 1nρi = 1.
(2) The number of items allocated qi shall be determined as the sum of the items referred to in § 3 (1) (c) and (d) minus the items referred to in § 3 (1) (e) or the sum of the items referred to in § 3 (2) (c) and (d) minus the items referred to in § 3 (2) (e).
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 213 / 2019 Coll., on the requirements of the allocation generator ensuring the allocation of insolvency matters by random selection, the manner in which the allocation generator is operated and the content of the work schedule and its compilation for the purpose of using the allocation generator (Allocation Generator Decree) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.08.2019 |
|---|---|
| Effective from | 01.11.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0