What is Act No. 219 / 2000 Coll.?

Act No. 219 / 2000 Coll., on assets of the Czech Republic and its presentation in legal relations — Law on the property of the Czech Republic and its representation in legal relations.

When it became Act No. 219 / 2000 Coll. effectiveness?

Act No. 219 / 2000 Coll. became effective 01.01.2001.

Is Act No. 219 / 2000 Coll. still valid?

Yes, Act No. 219 / 2000 Coll. is still valid and effective.

How many times was it Act No. 219 / 2000 Coll. amended?

Act No. 219 / 2000 Coll. has 46 time versions of the text.

Act No. 219 / 2000 Coll. - Law on the property of the Czech Republi...

219

THE LAW

of 27 June 2000

on the property of the Czech Republic and its presentation in legal relations

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

This law regulates the ways and conditions of the management of the property of the Czech Republic (hereinafter referred to as "the State '), the representation of the State in legal relations, as well as the status, establishment and demise of the organisational elements of the State.

§ 2

(1) The management of the property of the State is governed by this Act and the scope of this Act cannot be restricted or excluded by agreement of the Parties, unless special legislation, (2) the declared international treaty, which the Czech Republic is bound by, or the generally recognised rules of international law provide otherwise.

(2) This law shall not apply to acts and procedures of the competent authorities where they conduct criminal, civil, administrative or other similar proceedings or propose and approve legislation.

State Organisations

§ 3

(1) The organisational components of the State (hereinafter referred to as the "organisational component") are ministries and other administrative offices of the State, Constitutional Court, Courts, Public Prosecutor's Office, Supreme Audit Office, Office of the President of the Czech Republic, Office of the Government of the Czech Republic, Office of the Ombudsman, Academy of Sciences of the Czech Republic, Grant Agency of the Czech Republic and other institutions on which this is provided for by a separate law or by this law (§ 51); The Office of the Chamber of Deputies and the Office of the Senate have similar status as the organisational body of the State.

(2) The organisational component is not a legal person. This shall be without prejudice to its scope or the pursuit of the subject-matter of an activity under specific legislation and its conduct in such cases shall be State action.

(3) The organisational component is an entity, provided that specific legislation or such law so provides (Sections 4 and 51).

(4) The rules on the financing of the organisational components shall be governed by specific legislation.

§ 4

(1) In order to carry out the tasks within its competence, the organisational body may also be set up by the Ministry under this Act (hereinafter referred to as the "founder"). For this purpose, the founder shall use the assets of the State with which he or she is responsible (Section 9) or any other organisational body set up by him. Prior approval of the Ministry of Finance is needed to establish an organisational component. The establishment is decided by the founder of the measure (§ 20), which includes the instrument of incorporation. The organisational component thus established is always an entity.

(2) The conditions for the submission of an application for prior consent referred to in paragraph 1 and the particulars of the instrument of incorporation of the organisational component shall be laid down in the implementing legislation.

§ 5

(1) The founder may decide by means of a measure (Paragraph 20) to amend the instrument of incorporation of the organisational body and the related partial changes in its subject matter, the organisational arrangements and the extent of the assets of the State with which it is responsible (Section 9). In so doing, where a part of the organisational component is to be transferred to another organisational component, the amendment may concern only the organisational components set up by the same body.

(2) The organisational component set up under the provisions of Section 4 shall cease to be the end of the period for which it was set up or the measure of the body (Section 20), which decided to abolish the organisational component. The rights and obligations of the State which was exercised by the organisational body at the date of its demise shall continue to be exercised by the founder unless it decides at the same time that the exercise of those rights and obligations shall be taken over by another organisational body set up by it. The administrator shall also decide to dispose of other assets of the State with which the organisational body was responsible at the date of its demise (Sections 9 and 11); If they do not do so, the jurisdiction to manage this property shall be governed by the provisions of Section 9.

(3) The establishment, amendment and termination of the organisational component established under the provisions of § 4 shall be notified in the Central Journal of the Czech Republic. The Director shall communicate the necessary information to the publisher within one month of the date on which the organisational component was created, modified or terminated; the extent of the necessary data shall be adjusted by the implementing Regulation. The notification shall not be made if it is an organisational component set up to carry out defence and State security tasks.

§ 5a

(1) The organiser of the organisational component or of the organisational component that performs the organisational function vis-à-vis the organisational component shall approve its financial statements drawn up on the balance sheet date.

(2) Where an organisational body does not have an organisational body or an organisational function, it shall entrust at least three persons with the approval of the financial statements drawn up on the balance sheet date.

State representation in legal relations

§ 6

(1) If the State acts as a participant in legal relations, it is a legal person.

(2) For the purposes of its presentation in legal relations with other persons, the legal personality and jurisdiction of the State are divided between the various organisational elements which are, under this law or under specific legislation, relevant to the exercise of the rights and obligations of the State in those legal relationships and are accounting units.

(3) The organisational components referred to in paragraph 2 shall be independent and independent of the legal personality and competence of the State in their legal relations.

(4) Where the legal relationship concerns at the same time the different organisational elements referred to in paragraph 2, each of them shall fulfil the legal personality and competence of the State to the extent that it is competent.

(5) Paragraphs 2 to 4 shall apply mutatis mutandis to the legal relations between the organisational components of each other. In such cases, the legal conduct of the organisational units is governed by the provisions of Paragraph 19 (1).

(6) In proceedings before courts and other bodies, the organisationalbodies act as the State as individual participants (96). Where, in proceedings before courts and other authorities, a number of organisational elements appear to be a State in the same case, they shall act separately in the proceedings, in accordance with their procedural role and in an independent manner to the extent that they are competent.

§ 7

(1) The State shall act as the head of the organisational body to which this legislation relates, unless the specific legislation or the law provides otherwise (Paragraph 28 (2)). The Head of the Office of the Chamber of Deputies and the Head of the Office of the Senate may act legally under the authority of the competent authority of the Chamber of Deputies or the competent authority of the Senate.

(2) For certain legal acts, the head of the organisational body may delegate in writing to another head of staff of that body. Other staff of the organisational body may act legally under the State only to the extent provided for in the internal regulation of the organisational body. Similarly, the Head of the Chamber of Deputies and the Head of the Senate Office are advancing.

ČÁST DRUHÁ

MANAGEMENT WITH THE STATE

§ 8

State property

(1) State property (hereinafter referred to as "property") is used by the State in particular:

(a) to perform their functions or in connection with the performance of those functions;

(b) to provide public service activities or for business purposes.

(2) The Special Act provides for the matters necessary to ensure the needs of the whole company, the development of the national economy and the public interest only to be held by the State. 7)

Jurisdiction

§ 9

(1) The management of a particular asset is for the organisational component which is an entity and which is required to perform the functions of the State or other tasks within its scope or the subject-matter of the business, or, where appropriate, by the organizer of the organisational component, unless it has decided otherwise in connection with its demise (Paragraph 5 (2)); This is without prejudice to the procedure laid down in Sections 19a, 19b (1) and (3) and 55b. Unless otherwise provided for further (Paragraph 20), the relevant organisational body with the property also treats the methods and conditions under this Act.

(2) If doubts arise as to the competence of the organisational body referred to in paragraph 1, the Ministry of Finance shall, upon request or on its own initiative, remove these doubts by means of its measure (§ 20). If doubts also concern the jurisdiction of the Office of the Chamber of Deputies or the Office of the Senate, the Ministry of Finance shall issue this measure in agreement with the competent authority of the Chamber of Deputies or the competent authority of the Senate. Where doubts concern only the jurisdiction of the Office of the Chamber of Deputies and the Office of the Senate, the competent authority of the Chamber of Deputies shall, upon request or on its own initiative, remove these doubts by means of its own action (Paragraph 20).

(3) Negotiations and decisions in matters referred to in paragraph 2 are not within the jurisdiction of the courts.

§ 10

With the property,

(a) which, when acquired by the State, does not show which organisational component is responsible for the management of the property;

(b) which is found not to be managed by an organisational body under this law;

it manages the organisational units responsible under the provisions of § 11; unless otherwise specified (§ 20), they also dispose of the organisational elements with the property in the manner and under the conditions of this Act.

§ 11

(1) Management

(a) It is the responsibility of the Directorate-General for Customs in the case of assets belonging to the State:

1. in connection with or on the basis of a breach of customs legislation;

2. in connection with, or on the basis of, infringement of, the legislation governing gambling;

3. in connection with or on the basis of infringement of legislation governing the administration of excise duties;

4. forfeit or prevent the product subject to excise duty,

5. on the basis of a decision of the customs authority of the Czech Republic,

(b) with radioactive waste and sources of ionising radiation, the Radioactive Waste Storage System is responsible;

(c) it is for the General Financial Directorate to deal with goods forfeited or seized by decision of the Financial Administration of the Czech Republic,

(d) specimens of plants and animals, regulated fur products, seal products and other individuals protected under the Endangered Species Act and individuals of specially protected species of plants and fauna and wild birds protected under the Nature and Landscape Conservation Act, which have been granted to the State, shall be the responsibility of the Ministry of the Environment;

(e) telecommunications and radio communications technology, recording technology, computer technology and means of transport, forfeited or seized in criminal, criminal or other similar proceedings, as well as any weapons, ammunition, ammunition, explosives, regulated explosives precursors and other substances or mixtures which may be used for the illicit manufacture of explosives (97), pyrotechnic articles, if necessary for the handling of such weapons, munitions, explosives, regulated explosives precursors, and other substances or mixtures which may be used for the illicit manufacture of explosives (89), shall belong to the Regional Directorate of Police of the Czech Republic (9a), in whose jurisdiction is the seat of the authority which has been declared or prevented; If there is no such body, it is for the Regional Directorate of the Police of the Czech Republic (9a) in whose territorial competence the case is situated,

(f) with cultural goods which the State has become the owner under the Act on the Entry and Import of Certain Cultural Goods into the customs territory of the European Union, it is for the Ministry of Culture,

(g) shares admitted to trading on a European regulated market shall be held by the Ministry of Finance.

(2) In other cases with the property referred to in Paragraph 10, the Office for the Representation of the State shall manage the property matters (hereinafter referred to as the Office). 15a) If the organisational body referred to in paragraph 1 finds that it is not competent to manage a particular property referred to in Paragraph 10, it shall inform the other organisational body referred to in paragraph 1 or the Office of such assets. If the Office finds that, in the case of certain assets referred to in Paragraph 10, the management of the organisational component referred to in paragraph 1 is the responsibility of the Office, it shall inform the organisational body of such assets.

(3) Where the jurisdiction referred to in the preceding paragraphs cannot be determined or significant reasons for changing the jurisdiction of the organisational units referred to in paragraph 1 or 2 are given in a case-by-case basis, the Ministry of Finance shall determine, or, where appropriate, amend, the jurisdiction of the Ministry of Finance on request or on its own initiative by means of its measures (§ 20); in an exceptional case, the jurisdiction and the organisational component not referred to in paragraph 1 or 2 may be so established. Paragraph 9 (2) and (3) shall apply mutatis mutandis here.

Acquisition of property

§ 12

(1) Where the property is acquired by a contract, the contract shall be written and shall be accompanied by a statement of the will on one document, even if the legislation does not require it, unless the use of the written form or, where appropriate, of the will on one document excludes the law or nature of the legal proceedings or the circumstances in which it takes place. A donation or other contract whereby property is transferred to the State free of charge without the designation of the relevant organisational component (§ 9) shall be concluded as a State by an organisational component whose jurisdiction shall be determined in accordance with § 11.

(2) The transfer of a tangible real estate item registered in the real estate register free of charge, with the exception of road land acquired by reason of a change in the category or class of infrastructure, as well as the transfer of a building right or an equity interest in a company other than a public limited liability company, require approval by the Ministry of Finance.

(3) Only assets that meet the conditions laid down in § 8 (1) (a) and (b) and the relevant organisational component (§ 9) may be acquired in return for payment and for the purpose of ensuring the exercise of its competence or of its activities, in the absence of acquisition in the public interest, or property that is acquired to ensure its effective and efficient use for the purposes of other organisational components under § 19a and § 19b (2) of the first sentence or by exchange under § 19c (2) of the second sentence.

(4) In the case of the acquisition of property on a fee or contract basis (16), only up to an amount equal to the valuation of that property under the special legislature17) and, if it is an asset acquired abroad, up to the amount normally available at the place and time. In the public interest, the Ministry of Finance may give prior approval to negotiate a higher price. This applies mutatis mutandis if the property is acquired at auction. 17a)

(5) If the agreed price exceeds the amount permitted under paragraph 4 and it does not concern the acquisition of assets in an auction of 17a) or abroad, the price agreement shall be void within the limits of the difference by which the agreed price exceeds the admissible amount. Where the acquisition of property is subject to a public contract awarded under a public procurement law, paragraph 4 shall apply only if the contract is to be concluded on the basis of the outcome of the negotiated procedure without publication.

(6) In the case of an organisational body set up by it, the founder may reserve, in whole or in part, approval in respect of the transfer of a tangible immovable property or the right of construction for the benefit of the State. If the competent organisational body does not have an authority, such approval may be reserved for the central administrative authority responsible for the matter and, failing that, the Ministry of Finance.

(7) The Ministry may, with the prior approval of the Government, acquire securities for consideration to the State. Other organisational entities may not acquire, for consideration by the State, either securities or equity interests in companies other than equity.

(8) Organisational bodies may not conclude a contract for the provision of a case for use associated with a contract for the subsequent transfer of that case to the State. For the purpose of buying material property abroad for the need of representative offices, this can only be done with the prior approval of the Ministry of Finance. The first sentence and the second sentence shall not apply to the award of a concession under the Public Procurement Act.

§ 12a

(1) Organisational items may only negotiate the use or consumption of non-State-owned property if such use or consumption is necessary to ensure the exercise of their competence or activity, or, where appropriate, the proper management of the property with which they are responsible and if it is necessary only for the period of time.

(2) Where the use or consumption referred to in paragraph 1 is agreed against in return for payment, the remuneration may not exceed the maximum possible amount resulting from price regulation (44), if applicable, and at the same time not exceed that which is normal at the place and time. If the use or consumption of certain assets is necessary to ensure the security of the State, the Ministry of Finance may give prior consent to negotiate a higher remuneration, which may not, however, exceed the maximum possible amount resulting from price regulation if applied. Paragraph 12 (5) shall apply mutatis mutandis in such cases.

(3) Unless the specific legislation or, in the case of property abroad, the applicable law does not exclude this, the contract governing the use or consumption referred to in paragraph 1 shall include an arrangement allowing the organisational component to terminate the contractual relationship by denunciation.

§ 13

(1) The State shall also acquire the property by law, 19) by law, by inheritance, by decision of the competent authority22) and by an international treaty bound by the State, possibly by other facts provided for by the law.

(2) Where the jurisdiction of an organisational component is to be established for the acquisition of the property by inheritance or by reference (Section 9), in the occupation of the State, that branch must be explicitly identified by the heir or, in the determination of the State, by the referee. The organisational body cannot conclude an inheritance contract.

(3) If the date of acquisition of the assets by the State referred to in paragraph 1 is not determined directly, the date on which the acquisition of the assets by the State has been decided by the competent authority, or the date on which the acquisition has been confirmed by the competent authority, shall be the date on which the operative event occurred. If it is not possible to determine the applicable date, it is the date on which the relevant organisational body (§ 11) took up the duties under this law.

Basic property management obligations

§ 14

(1) Property must be used efficiently and economically to perform the functions of the State and to carry out the activities provided for; otherwise the property may be used or disposed of only under the conditions laid down in a separate law or by that law. The organisational body shall act in such a way that it does not damage the property by acting and does not unduly reduce its size and value or yield on the property.

(2) The relevant organisational body shall keep the property in its accounts and carry out its inventory under specific legislation, 25) unless otherwise provided for in this Act (§ 15) or any other specific legislation.

(3) The relevant organisational body shall ensure the conservation and maintenance of the property and, if its nature so permits, the improvement or reproduction thereof. It protects it from damage, destruction, loss, theft or abuse.

(4) The relevant organisational body shall consistently use all legal means in the application and defence of the rights of the State as owner and in the protection of property against unauthorised interference and, in particular, in due time, exercise the right to compensation, the right to issue unjustified enrichment and the reservation of an inventory of the estate, if the State is called as heirs. A specific law may specify in which cases and under which conditions in proceedings before courts and other authorities in matters relating to property it acts as a State other than the competent organisational body.

(5) The relevant organisational body shall monitor on an ongoing basis whether the debtors fulfil their debts in a timely and proper manner, and in particular by applying and enforcing the rights of the State in a timely manner, ensuring that there is no limitation or termination of those rights. Save as otherwise provided in the specific legislation, the debtor shall require interest on late payments and contractual penalties agreed.

(6) In the case of claims where the cash supply to the State imposes special legislation on the debtor or is imposed on the debtor by the competent authority of its own motion, and the failure to comply with this payment obligation cannot be punishable by penalties under a special law, the competent organisational body requires the debtor to pay interest for late payment in accordance with a special law setting out the amount of interest for late payment under the Civil Code if the amount of interest for late payment exceeds CZK 5,000.

(7) If the property becomes temporarily or permanently unnecessary for the relevant organisational body and the manager of the relevant organisational body has decided in writing, or, where appropriate, by his authorised other senior staff of that organisational body, the relevant organisational body shall dispose of the assets in accordance with the procedures and conditions laid down in this Act. In particular, assets which go beyond the needs of the relevant organisational body, assets whose State has ceased to be of public interest or assets which cannot serve their purpose for the loss or, where appropriate, for the cessation of their technical and functional characteristics or for the excessive cost of operations, shall be deemed not to be necessary for that purpose. The property for which the Office ensures its effective and efficient use for the needs of other organisational components under the provisions of Sections 19a and 19b (2) of the first sentence shall not be considered as unnecessary.

§ 14a

(1) A central register of administrative buildings is hereby established, the administrator of which is the Office. The central register of administrative buildings is a private information system that serves the organisational components for efficient and economical use.

(a) buildings and other related immovable property or parts thereof owned by the State which are situated in its territory and which serve or are intended to serve judicial, legislative, administrative and related activities in the performance of the functions of the State;

(b) buildings and other related immovable property, or parts thereof, in the territory of a State which is not owned by it, but for judicial, legislative, administrative and related activities in the performance of the functions of the State, shall be used or enjoyed by the organisational components.

(2) The organisational component shall provide complete and true data on the real estate referred to in paragraph 1 and on parts thereof to the central register of administrative buildings in a way that allows remote access.

(3) The central register of administrative buildings takes over and uses data from the cadastral information system and the basic register of territorial identification, addresses and properties. The organisational component provides only those data that cannot be obtained from these information systems to the central register of administrative buildings. The structure and scope of data maintained in the central register of administrative buildings, the dates for their provision, as well as the scope and conditions for their sharing for the needs of the organisational component that provided the data and other organisational components shall be adapted by implementing legislation.

(4) Changes in the use of property registered in the central register of administrative buildings shall take place on the basis of the decision of the Government or the government's advisory and coordination body. The Government shall, by way of a resolution, issue the Statute of that institution and shall, in particular, lay down its scope, composition and basic rules for its work and for the preparation and submission of proposals for changes in the use and handling of such property. The decisions of the Government or of the authority delegated to it pursuant to the first sentence shall not replace legal or other acts under this Law.

(5) The provisions of paragraph 4 shall not apply in respect of assets with which the Office of the Chamber of Deputies, the Office of the Senate, the Supreme Audit Office or the Constitutional Court is responsible; changes in the use and handling of such assets shall take place at the discretion of the competent authority of the Chamber of Deputies, the Senate, the Supreme Audit Office or the Constitutional Court.

§ 14b

The Minister for Defence, the Minister for the Interior, the Director of the Security Information Service, the Director of the Office for Foreign Relations and Information and the Director of the General Inspection of the Security Corps may decide, in order to ensure the security or defence of the State, in which specific items of property with which he is responsible or who uses or enjoys an organisational component under his or her responsibility are not to be included in the central register of administrative buildings and the provisions of Paragraph 14a shall not apply. Similarly, the Minister of Finance may decide in relation to the assets with which he is responsible or used by the Directorate-General for Customs. Such decisions may be reserved in advance or subsequently amended by the Government.

§ 14c

(1) The Office shall verify the compliance of the data kept in the central register of administrative buildings with the actual situation ("verification"). To this end, the Office shall carry out inspections of buildings and other related immovable property or parts thereof referred to in Section 14a (1) and shall require documents from which the data held in the central register of administrative buildings can be verified. The relevant organisational body shall make these inspections available and provide the Office's documents free of charge. The Office shall not inspect the buildings with which the Supreme Audit Office is responsible.

(2) The Authority shall inform the relevant organisational body of the conduct of the inspection at least 30 days before its commencement.

(3) The verification shall be carried out by a natural person who has been authorised by the Director-General of the Office in writing (hereinafter referred to as "the validator"). In the context of verification, the verifier shall be entitled to make the necessary measurements and to make image or audio recordings. The relevant organisational body shall establish the conditions for carrying out the verification and provide the necessary synergies.

(4) The Office shall make a written record of the verification carried out, which it shall send to the relevant organisational body.

(5) The Office does not have a supervisory authority under this Act or under the control rules when verifying its status.

(6) The identified non-compliance between the data registered in the central register of administrative buildings and the actual situation shall be eliminated by the relevant organisational body without undue delay. If the relevant organisational component does not remove the identified non-compliance within a reasonable period of time or does not communicate to the Office the reasons which make it impossible to eliminate the identified non-compliance, the Office shall initiate the Ministry of Finance to carry out an inspection under this Act.

§ 15

(1) The property referred to in Section 10 shall be identified and written by the relevant organisational body (Section 11) immediately after it has become aware of such property. in the case of matters which are recorded in the Real Estate Register, at the same time ensure that registration in the Real Estate Register is carried out. For the purpose of carrying out an alert on the cadastral property, the document certifying the jurisdiction of the organisational body shall be its declaration of law.

(2) The property referred to in paragraph 1 is not the subject of a decision pursuant to the provisions of Paragraph 14 (7) and must be placed with the organisational bodies without undue delay, if the specific nature of the property so requires, or if they need it to ensure the exercise of their competence or the subject matter of the activity; Paragraph 19, 19b and 19c shall apply mutatis mutandis depending on the nature of the case. For the same reasons or in the public interest, the relevant organisational body (§ 11) may retain the property. In other cases, it shall transfer the cases to the property of legal or natural persons, exercise the rights and make the other property effectively monetized in accordance with this law. The remaining property which has not been shown to be of interest to any other organisation or legal or natural person shall be dealt with in accordance with a procedure to adapt the implementing legislation. When dealing with property acquired by a State as a result of a judgment of a court on the recognition and enforcement of a judgment of another State concerning forfeited or seized property or property 28a) or confiscation order pursuant to a directly applicable European Union law governing the mutual recognition of freezing orders and confiscation orders 28b), the relevant organisational component shall follow the procedures for the sharing of property under the International Criminal Cooperation Act 97) and the directly applicable European Union law governing the mutual recognition of freezing orders and confiscation orders. Where the relevant organisational body sends funds obtained by the redemption of forfeited or seized property or items to another State, it shall inform the authority of another State competent to share the property.

(3) The land which is the property referred to in paragraph 1 and which forms the agricultural land fund shall, as a priority, be offered by the relevant organisation to the State Land Office; This does not apply in the case of land forming one functional unit with residential and economic buildings and other buildings which do not serve agricultural, forestry or associated water management. If the State Property Office does not accept the offer within 30 days of its delivery, it shall not be interested in the land offered and the subsequent acceptance of the offer shall not be taken into account. The relevant organisational body shall continue to act in accordance with paragraph 2.

(4) The property referred to in paragraph 1 shall be kept in the operational register by the relevant organisational body (Section 11) in a manner and under conditions to be laid down in the implementing legislation, pending the final disposal of the property; This is without prejudice to the procedure laid down in Paragraph 14 (2), where it relates to immovable property and cash receivables. Where, in accordance with the second sentence of paragraph 2 of this Article, the relevant organisational body retains the property or fails to dispose of the property in a final manner within 2 years of the start of the tasks referred to in paragraph 1, it shall terminate the operational records and proceed in accordance with the provisions of Paragraph 14 (2); its jurisdiction shall then continue to be governed by the provisions of Paragraph 9.

§ 16

(1) With the contested claims of third parties on property acquired by the State in the manner set out in § 13 of this Act, the relevant organisational body (§ 11) shall refer these persons to the court. At the same time, it shall invite them to prove, within one month of the receipt of the request, that they have exercised their right in court. If an action has been brought, the court shall have jurisdiction. In the event that this deadline has expired, the organisational component shall continue to follow the procedure provided for in Paragraph 15 (2) of this Act; This is without prejudice to the possibility of subsequent application of third party claims in court.

(2) Where a State becomes necessary as a result of a judgment imposing a judgment on the forfeiture of property or a protective measure to prevent part of the property (29), matters and means which may give rise to doubts as to whether they are necessarily needed to satisfy the living needs of the sentenced or of any other person whose part of the property has been prevented, or persons whose maintenance or upbringing is the sentenced, or who are required to take care of them (29), and where there is a presumption that a request for their removal may be made (30), the relevant organisational component (§ 11) carrying out the confiscation of the property or protective measure shall prevent part of the property from being dealt with until the expiry of 3 months after the date on which the decision has been taken by the legal authority, and, where the means of which have been penalised, or means which have been penalised only after one month after the date of the property. If a request for exemption has been made within those time limits, the decision on the application shall be pending.

(3) If the State acquires the property as a result of a decision of the court referred to in the fifth sentence of Article 15 (2), the relevant organisational body (Article 11) shall not dispose of that property until 3 months after the date of the legal authority of that decision of the court or before the expiry of that period, provided that it has been informed under the law on international judicial cooperation in criminal matters 31a that there is no reason to prevent or prevent the forfeiture of such property or part of it. However, if the organisational body has been informed within that period that another State has informed of the ground for forfeiting or preventing such property or part thereof, it shall not deal with it until the judgment of the court given in respect of the property in question has been served on the basis of information from another State (31b).

(4) Where the Supreme Court has informed the relevant organisational body (§ 11) that it has decided to suspend the treatment of a case which has been forfeited or prevented from being subjected to criminal penalties imposed in criminal proceedings, or that it has ordered such suspension, or that such a procedure has been ordered by the President of the Senate of the Supreme Court, since an exceptional appeal procedure is in place in the criminal case, the competent organisational body (§ 11) shall immediately take all necessary measures to ensure that the case is not further handled in such a way as to prevent its possible return to the original owner. If this is not possible, in particular because the case has already been transferred to the ownership of another person, the relevant organisational body shall inform the Supreme Court accordingly.

ČÁST TŘETÍ

_

§ 17

Where the property is dealt with under a contract, the contract shall be in writing and shall be expressed in a single document, even if the legislation does not require it, unless the use of the written form or, where appropriate, the expression of the will on a single document excludes the law or nature of the legal proceedings or the circumstances in which it takes place.

§ 18

With the property referred to in § 10, the relevant organisational body (§ 11) may not, except for the sale in public auction 40) and the sale of live animals, dispose of:

(a) judges and adversaries, prosecutors, members of the Police of the Czech Republic, experts, interpreters and notaries, as well as staff of courts, prosecutors, Police of the Czech Republic and notaries,

(b) customs officers and civil servants of the Customs Administration of the Czech Republic, as well as managers and other staff of other organisational units responsible for the management of the property in accordance with § 11;

(c) mayors, representatives of mayors, secretaries and other staff of the competent municipal authorities (32) and, mutatis mutandis, the competent authorities of cities and urban areas;

and persons close to them, 33) if the persons referred to in points (a) to (c) have, on a case-by-case basis, been involved in the acquisition and management of such property by the State.

Management of assets between organisational components

§ 19

(1) The management of the property and other legal activities between the organisational components are carried out by registration. The procedures for the treatment of property in relation to legal and natural persons laid down by this Law, as well as the provisions of § 31 to § 37 (1) and (2), § 37a and 39 to 42, shall not apply to those legal proceedings. Organisational elements shall be governed by rules on the formalities for registration, the conditions for the payment or the free treatment of property, and other rules on the handling of property and other legal conduct, which, in accordance with the essential obligations in the management of property, shall lay down implementing legislation.

(2) Where the organisational components referred to in paragraph 1 are handled by items which are recorded in the property register, they shall also ensure that an application for an alert is made to the property register. For those purposes, the registration referred to in paragraph 1 shall be a document certifying the competence of the acquiring organisational units to manage the case.

(3) If this is particularly appropriate for the continued management of the property, the land may be burdened by a service for the benefit of another parcel with which the same or other organisational component is responsible for the management (90); This applies mutatis mutandis to immovable property which is not part of land 91). Such legal proceedings shall be subject to the declaration of the relevant organisational body concerning the creation of the right or registration referred to in paragraph 1, and such declaration or registration shall be the document on the basis of which the deposit in the property register is made.

§ 19a

The organisational body responsible for managing the property which is registered in the central register of administrative buildings and which is necessary to ensure the performance of its duties or its activities may agree with the Office to take over the property, leaving it to use or consume it under the conditions of Section 19 (1). With this property, the Office is competent to manage in accordance with Paragraph 9. In the further management of this property, the provisions of Sections 14a (4) and 19b (2) shall apply mutatis mutandis.

§ 19b

(1) Where, under the relevant organisational component (Paragraph 9), a decision has been made pursuant to the provisions of Paragraph 14 (7) on the permanent impotence of a tangible real estate, including, where applicable, facilities situated in the territory of a State, or the permanent impotence of the right of construction, and this property will not be taken over by another organisational body within the competence of the same body or central administrative office, the Office shall immediately take over that property, except in cases where, for reasons of need or public interest, the property is not registered in the central register of administrative buildings and the relevant organisational component should acquire property for the State in accordance with the provisions of Article 12 (3), or in respect of the procedure laid down in Paragraph 14b or paragraph 22 (5) of the third sentence. This is how the Office progresses, even if it does not need the property to carry out its tasks within the specified scope of activity. With this property, the Office is competent to manage in accordance with Paragraph 9.

(2) The Office shall ensure, in respect of property taken over under paragraph 1, that is registered in the central register of administrative buildings, that it is used effectively and efficiently for the needs of other organisational components and, on the basis of a decision of the Government or of its delegated authority, that the property or parts thereof is to be used, consumed or offered to take over under the terms of Paragraph 19 (1). If such property ceases to be permanently usable for judicial, legislative, administrative and related activities in the performance of the functions of the State, it shall not be otherwise necessary for the Office and shall not be retained by the Office in the public interest either, the Office shall, on the basis of a decision of the Government or its delegated authority, treat it according to its nature and condition and, if it lodges assets eligible for further use, shall treat it for the benefit of legal or natural persons. Any other property taken over in accordance with paragraph 1 which the Office itself does not need or does not retain in the public interest shall be disposed of in accordance with its nature and condition and, if the property is eligible for re-use, shall be treated with it for the benefit of those organisational elements which need it to ensure the exercise of their duties or activities or which take over in the public interest. In doing so, it shall take into account the nature of the reasons for the interest of the organisational bodies in taking over such property, the urgency of their needs and the effectiveness and effectiveness of such takeover; the cases at issue shall be submitted to the Government for decision.

(3) Where, in the context of the relevant organisational component (Paragraph 9), a decision has been made on the permanent inadequacy of assets other than those taken over by the Office pursuant to paragraph 1, or for which a specific method of loading appears in paragraph 1, that property may preferably be offered and taken over by the organisers within the scope of the same body or central administration, or where one of the organisers is against the other authority or central administration, even if the acquiring organisational body does not need that property to carry out tasks within its scope or subject matter of activity, provided that such a procedure leads to a more economical disposal of that property. With this property, the acquiring organisational body is responsible for the management in accordance with § 9.

(4) Where the relevant organisational body (Paragraph 9) has not used the procedure referred to in paragraph 3, it shall dispose of permanently unused property according to its nature and condition and, if the assets are eligible for re-use and are not otherwise specified, it shall dispose of it for the benefit of another organisational body which needs it in order to ensure the exercise of its competence or activity, or which shall assume it in the public interest. Similarly, the organisational body which took over the assets referred to in paragraph 3 shall proceed.

(5) Where, in the context of the relevant organisational component (Paragraph 9), a decision has been made pursuant to Paragraph 14 (7) on the temporary inadequacy of the property or part of it, or where this has been achieved in the context of a more efficient or economical use thereof, while maintaining the main purpose for which the organisational component is used, or where it is effective before the final disposal of the property or part thereof, which has been decided on a permanent inadequacy basis within the relevant organisational component, the relevant organisational entity shall leave such property or part of it, unless otherwise provided for in accordance with the conditions of Paragraph 19 (1) for use or use for other organisational components.

(6) Paragraph 1 shall not apply to the treatment of property held by the State Property Office, except for the treatment of property registered in the central register of administrative buildings.

§ 19c

(1) An offer to take over, use or consume property registered in the central register of administrative buildings is made to other organisational components through that register. The offer of use, consumption or take-over of other assets to other organisational bodies shall be made on the website of the Office. If useful, the offer may be made to other organisational components simultaneously and by other appropriate means. In the case of assets for which a procedure under Paragraph 14b has been applied, or of other assets, where a tender is necessary for reasons relating to the security or defence of the State only by other appropriate means, this other appropriate method shall apply.

(2) In the case of goods intended for exchange and goods abroad, the offer referred to in paragraph 1 shall not be made. Where assets are to be exchanged which are registered in the central register of administrative buildings and have been taken over by the Office pursuant to the provisions of § 19a or § 19b (1), the Office shall provide for its exchange and acquisition of assets for the State by exchange. If the assets acquired in this way have the character of assets registered in the central register of administrative buildings, the Office shall ensure that they are used and handled in accordance with the first and second sentences of Paragraph 19b (2). If the property acquired is not of that nature, the Office shall treat it in accordance with the third and fourth sentences of Paragraph 19b (2).

(3) It shall not be permitted to dispose of property for the benefit of legal or natural persons unless another organisational body has shown an interest in the property, or if it is an asset intended for exchange or, where appropriate, an asset abroad, and if the public interest does not prevent it; This is without prejudice to the procedure of the Office under the second sentence of Paragraph 19b (2). The procedure for the treatment of property for which no other organisational body or legal or natural person is interested shall be adapted by implementing legislation.

§ 20

(1) If the law so permits, the property can also be treated with a unilateral measure. The measure is always written. It shall include the designation of the organisational elements to which it relates, as well as the identification of the assets to which it is handled, and shall specify the date on which the measure takes effect. The measure shall be served on the organizational components concerned and on their promoters and, if so, on the subject-matter which is registered in the real estate register, on the relevant cadastral office.

(2) The measures referred to in paragraph 1 may be issued by the organisers of the organisational units in the performance of the duties of the founder under this Act and by the competent authorities of the Chamber of Deputies and the Senate in the context of the jurisdiction decision (§ 9). The measures referred to in paragraph 1 may also be taken by the Director of the Security Corps if the property is handled under the conditions laid down in a specific legislation.

(3) The Ministry of Finance may issue the measures referred to in paragraph 1 in the context of jurisdiction decisions (Sections 9 and 11) or in the context of control (Sections 49 (4)); the measure must contain a justification.

(4) The administrative rules shall not apply to the issue of measures under this Act and shall not be subject to review by the courts.

(5) The measure under this Act is considered to be a decision of a State authority for the purposes of cadastral legislation.

Transfers of ownership

§ 21

(1) Where a contractual transfer is not made within the scope of a specified activity, a substantive matter may be transferred by contract to a legal or natural person only under the conditions set out in Sections 21a to 23 and only if the matter is permanently unnecessary for the State (§ 14 (7), § 19c (3)).

(2) For serious reasons and following the prior observations of the Ministry of Finance, the Government may authorise an exemption from the condition of permanent inadequacy referred to in paragraph 1. This is without prejudice to the procedure laid down in Sections 22 (1) to (3); but the provisions of Sections 21a to 21c, 22 (4) to (7) and 23 shall not apply.

§ 21a

Transfers of ownership to local authorities

(1) If a tangible real estate item becomes permanently unnecessary for the State, the relevant organisational body shall, via the Office's website, inform the local authorities of its intention to dispose of it. This does not apply if it is a tangible real estate

(a) located abroad;

(b) intended for exchange;

(c) subject to Paragraph 60a; or

(d) to which the procedure laid down in Article 14b has been applied.

(2) The transfer of the tangible property referred to in Article 21b (1) or Article 21c (1) to the ownership of natural or other legal persons may be carried out only after it has not informed the legitimate local authority referred to in Article 21b (1) or Article 21c (1) of the relevant organisational body within 2 months of the publication of the information referred to in paragraph 1 that it is interested in the transfer. The restriction shall not apply if the authorised territorial unit informs the relevant organisational body that it is not interested in the transfer.

(3) The communication referred to in paragraph 2 shall be made via the Office's website.

(4) If they express an interest in the transfer of several authorised local authorities pursuant to Article 21b (1) or Article 21c (1), and do not communicate them within one month of the date of expiry of the deadline for expressing interest in the transfer, that they have agreed to negotiate with the relevant organisational body, the relevant organisational body shall deal with the territorial unit in whose territory the tangible real estate is situated. If both the municipality and the county are interested in the transfer, the relevant organizational body shall deal with the municipality. If a legitimate territorial body cannot be identified, the relevant organisational body shall deal with a territorial body which has shown an interest in the transfer first. This shall not apply in the case of the procedure under Paragraph 21c (1) (e).

(5) The relevant organisational body shall make a proposal for the conclusion of a contract against a legitimate local authority which has expressed an interest in the transfer. The application for conclusion of the contract may be withdrawn.

(6) Where an authorised local authority does not have an interest in the transfer referred to in paragraph 2 in the cases referred to in Article 21b (1) or Article 21c (1) within the prescribed period or within the same time limit, it shall notify that it is not interested in the transfer, or if it does not accept a proposal for the conclusion of a contract within 4 months of the date on which it has been acquired, the local authority shall cease to exist and the relevant organisational body shall dispose of the material property under this law. This is without prejudice to the possibility of transferring the land to the property of a local authority pursuant to § 22.

§ 21b

Free transfers to local authorities

(1) Where the territorial unit referred to in points (a) to (h) shows an interest in the transfer provided for in Article 21a (2) and provided that third parties' rights are not prevented from doing so, the relevant organisational body shall send it a proposal for a free transfer

(a) the road parcel on which the local road body, which complies with the Road Law 38a) is situated, is owned by the municipality,

(b) the road parcel on which the body of the road, which complies with the Road Law 38a) owned by the county, is situated in the possession of that legitimate county;

(c) land designated by land planning documentation for the establishment or extension of public funeral98) owned by the authorised municipality which is or will be the operator of that public burial site;

(d) built-in building land (99), on which the public utility building (100) was carried out, owned by a municipality or region, owned by that authorised municipality or that region;

(e) land designated by the land planning documentation for the implementation of the public utility construction (100), owned by the authorised municipality, which is the builder of the given public utility building, or by the authorised region, which is the builder of the given public utility building;

(f) the land designated by the territorial planning documentation for the implementation of the public utility measure (101), or already used for that purpose, in the ownership of the authorised municipality which implements the public utility measure or in the ownership of the beneficiary region;

(g) land in a built-up area or in a built-up area designated by the planning documents for the implementation of public green or already used for that purpose, to the property of the authorised municipality in whose territory the land is situated;

(h) land within the territory of the natural reserve, the natural heritage or its protection zone in whose territory the regional authority provides for the care and administration of the land under the Nature and Landscape Conservation Act, to the property of the legitimate region in whose territory the land is situated.

(2) In the event that a part of the land registered in the land register is built on the infrastructure, only that part determined by the geometrical plan shall be transferred, whereby the cost of drawing up the geometrical plan for the distribution of the land referred to in paragraph 1 (a) shall be borne by the municipality and by the county referred to in paragraph 1 (b).

(3) The contract for the free transfer of land to the property of a local authority referred to in paragraph 1 (c) to (g) must contain the following arrangements in relation to the grant of public aid:

(a) the prohibition of disposal established for the benefit of the State as a right in rem, with the exception of the transfer of land to another territorial unit, provided that the purpose of the transfer continues to be fulfilled and that the restrictive conditions also apply to the acquirer;

(b) a prohibition on the burden imposed for the benefit of the State as a right in kind, except where the service of the civil engineering network, the service of the route or the service of the journey is to be contracted to the extent necessary to ensure the necessary access of a third party to the tangible immovable property held by it;

(c) restrictions on the use of the land transferred in such a way as not to infringe public aid legislation;

(d) an undertaking by the local authority that, in the event of a change in the planning documents which would not allow the main functional use of the area to be completed, the purpose of the transfer of the land referred to in paragraph 1, on the basis of which the transfer of the land to the local authority would have been free of charge, would not have allowed the territorial authority to fulfil the conditions of paragraph 1 (c) to (g), the local authority shall inform the relevant organisational body within 3 months of the entry into force of the change in the territorial planning documents; and

(e) the obligation of the local authority to transfer the land free of charge within 3 months of the notification of the relevant organisational component to that component and, if this is not possible or if the relevant organisational body chooses to do so instead of re-transfer, shall provide the relevant organisational body with a cash compensation equal to the determined price of the land determined under the law governing the valuation of the property (17) effective at the date of conclusion of the contract to the local authority and according to the current use of the land, provided that, as a result, the price is higher than at the time of conclusion of the contract. The financial compensation shall be determined by the relevant organisational body on the basis of the expert opinion and shall include the cost of drawing up the expert opinion.

(4) The contract for the free transfer of land to the property of a local authority referred to in paragraph 1 (h) must include, in the context of the granting of public aid, the arrangements referred to in paragraph 3 (a) to (c).

(5) The restrictions referred to in paragraph 3 shall be agreed for a period of 10 years from the date of the transfer of ownership of the land concerned to the cadastral for the benefit of the local authority. The restrictions referred to in paragraph 4 shall always be agreed for the duration of the protection of natural reserves or natural monuments or their protection zones under the Nature and Landscape Conservation Act, but for a period of at least 10 years from the date of the transfer of ownership of the land concerned to the property register for the benefit of the territorial authority.

Citation	Act No. 219 / 2000 Coll., on assets of the Czech Republic and its presentation in legal relations
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	21.07.2000
Effective from	01.01.2001
Effective until	-
Status	Valid

Act No. 219 / 2000 Coll.

Law on the property of the Czech Republic and its representation in legal relations

Contents