What is Act No. 255 / 2012 Coll.?

Act No. 255 / 2012 Coll., on Control (Control Regulations) — Control Act (Control Regulations).

When it became Act No. 255 / 2012 Coll. effectiveness?

Act No. 255 / 2012 Coll. became effective 01.01.2014.

Is Act No. 255 / 2012 Coll. still valid?

Yes, Act No. 255 / 2012 Coll. is still valid and effective.

How many times was it Act No. 255 / 2012 Coll. amended?

Act No. 255 / 2012 Coll. has 4 time versions of the text.

Act No. 255 / 2012 Coll. - Control Act (Control Regulations)

255

THE LAW

of 14 June 2012

on control (rules of control)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

CONTROL RATE

HLAVA I

GENERAL PROVISIONS

§ 1

Scope of the law

(1) This law provides for the procedure of the executive authorities, the authorities of the local authorities, other authorities and legal or natural persons, where they exercise their powers in the field of public administration (the control authority), in the control of the activities of the executive authorities, the authorities of the local authorities, other authorities, legal and natural persons (the controlled person).

(2) The supervisory authorities shall also act under this law in the control of the performance of the administration and in the control of the activities of legal persons established or established by the State or by the local authorities, not as regards the control of the activities of such legal persons governed by private law.

§ 2

Control

The control authority shall, when carrying out the inspection, establish how the controlled person fulfils the obligations arising from or imposed on him under other legislation.

HLAVA II

TASKS PREVIOUS CONTROL

§ 3

Pre-control actions

(1) The inspection authority may carry out prior to the start of the inspection of operations the purpose of which is to provide evidence of whether to initiate the control.

(2) An alert shall be issued on the operations referred to in paragraph 1. If an inspection is carried out on such operations, the facts thus obtained may serve as a basis for checking findings.

HLAVA III

_

§ 4

Approval for inspection

(1) The inspection shall be carried out by the natural person authorised by the control authority (the control authority).

(2) The verification shall be issued by the head of the supervisory authority or by a person authorised to do so by the head of the supervisory authority (hereinafter referred to as the "superior person of the control"). If there is more than one control, the superior shall be designated by the person in charge of one of them.

(3) The verification shall take the form of:

(a) a written mandate for each inspection; or

(b) a licence, where other legislation so provides.

§ 5

Initiation

(1) The inspection authority shall initiate an ex officio check.

(2) The inspection shall begin with the first inspection operation:

(a) the presentation of a control mandate to a controlled person or to another person who supplies or supplies the goods or collects or does work for the controlled person, or provides or uses the services or services of the controlled person, or has participated or participated in the activity (the "obliged person") present at the place of inspection;

(b) the notification of the initiation of an inspection to the person checked; the notification must include an inspection mandate or a list of the controllers; or

(c) the first of the inspection operations immediately prior to the submission of the inspection mandate to the person or obliged person present at the place of inspection, where such control operations are necessary to carry out the inspection.

(3) Where the control is initiated in accordance with paragraph 2 (a) or (c) without the presence of a controlled person, the control officer shall inform the control officer accordingly.

§ 6

Invited persons

(1) The inspection authority may invite a natural person (hereinafter referred to as the person invited) to participate in the inspection in order to achieve its purpose.

(2) The inspection authority shall issue a mandate to the person invited and inform the person invited of his or her rights and obligations in taking part in the inspection.

(3) The rights and obligations of a controlled person and of a obliged person vis-à-vis the invited person are governed, mutatis mutandis, by the provisions of this Law on the rights and obligations of the controlled person and of the obliged person vis-à-vis the controller.

§ 7

Entry into land, buildings and other premises

The controller shall be entitled to enter buildings, means of transport, land and other premises with the exception of dwellings owned or used by a controlled person, or otherwise directly related to the performance and subject to control, where this is necessary for the exercise of control. The controller shall be entitled to enter the accommodation only if the dwelling used for the business or business of another economic activity or if the control is intended to remove doubts as to whether the dwelling is used for these purposes and cannot otherwise achieve the purpose of the check. Owners or users of such premises shall be obliged to allow the controlling input.

§ 8

Other rights of the controller

The controller shall also be entitled to:

(a) require proof of the identity of the natural person present on the site of the inspection, if the person who carries out the tasks of the person checked is the person or person who may contribute to the purpose of the inspection;

(b) carry out control purchases, take samples, carry out the necessary measurements, monitoring, inspections and tests;

(c) require the provision of information, documents and items relating to the subject matter of the check or to the activity of the person checked (hereinafter referred to as "supporting documents"); where justified, the controller may provide the original supporting documents;

(d) to record images or sounds;

(e) to the extent necessary for the control to be carried out, to use the technical means of the person checked, after prior consultation with the person checked;

(f) require the person checked and the obliged person to require further cooperation to carry out the checks.

§ 9

Obligations of the controller

The controller shall be obliged to:

(a) establish the state of the case to the extent necessary to achieve the purpose of the check and, depending on the nature of the check, to prove the findings of the check by the necessary supporting documents;

(b) to examine the rights and legitimate interests of the person controlled, the obliged entity and third parties;

(c) submit to the person or the person responsible for the inspection and, if the person or the person responsible so requests, another document demonstrating that he is the person mentioned in the control mandate;

(d) issue a certificate of the original supporting documents secured and return them without delay if the reasons for such documents are omitted;

(e) enable the person checked to participate in the on-the-spot checks, provided that this does not prevent the purpose or conduct of the checks;

(f) draw up an inspection report and deliver a copy to the person checked.

§ 10

Rights and obligations of the person checked and of the obliged entity

(1) The person checked shall be entitled:

(a) require, following the inspection, the presentation of an inspection mandate and any other document showing that it is the person mentioned in the control mandate;

(b) object to the bias of the controlling or invited person,

(c) to learn the content of the inspection report;

(d) object to the control findings set out in the control report.

(2) The checked person is obliged to create the conditions for the exercise of control, to allow the controller to exercise his authority under this law and to provide the necessary synergies and to submit a written report within a time limit to the controller on the removal or prevention of deficiencies detected by the inspection, if the controller so requests.

(3) The obliged person is obliged to provide the controller with the synergies needed to carry out the check, unless such synergies can be ensured through the person checked.

§ 11

Samples taken

(1) The inspector may only take the quantity of samples strictly necessary; issue a certificate of sampling. The control authority shall return the sample taken where possible.

(2) The control authority shall pay compensation for the sample taken to the person to whom the sample was taken at the rate of the price at which that person normally sells the case on the market at the time of its removal; If this price cannot be determined, the compensation shall be equal to the price at which the case was issued and, where appropriate, to the cost effectively incurred.

(3) No entitlement to compensation under paragraph 2 shall arise where:

(a) the sample has been returned, or the person to whom the sample has been taken has refused to take it back, or has declared that it does not require reimbursement or reimbursement; or

(b) the sample taken does not comply with the requirements laid down by other legislation or decisions or measures of the competent authority.

§ 12

Control Protocol

(1) The Control Protocol contains the elements relating to the control carried out. However, it always contains at least:

(a) the designation of the control authority and the control authority;

(b) an indication of the provision of legislation defining the powers of the supervisory authority to exercise control;

(c) the name of the person invited, including the reason for his / her invitation;

(d) the designation of the person checked,

(e) indication of the subject-matter of the check;

(f) the control operation by which the check began and the date on which that control operation was carried out;

(g) the last inspection operation prior to the completion of the inspection report and the date on which that inspection operation was carried out;

(h) the findings of the inspection, including the state of the case found, indicating the deficiencies and the description of the legislation which has been infringed, including the supporting documents underlying those findings;

(i) information on the possibility of objecting to the control findings in the control report, indicating the time limit for their submission and to whom they are submitted;

(j) the date of issue;

(k) the signature of the controller.

(2) The inspection report shall be drawn up within 30 days of the date of the last inspection operation, in particularly difficult cases within 60 days.

(3) The same copy of the control report shall be delivered by the control authority to the person checked.

§ 13

Objections

(1) Opposition against the control finding provided for in the control report may be submitted by the checked person to the control authority within 15 days of the date of receipt of the control report, unless the control report provides for a longer time limit.

(2) The objections shall be made in writing and shall be made clear of the findings against which they are directed and shall include a justification for the disagreement with this finding.

§ 14

Dispute settlement

(1) If they do not comply with the objections of the head of the control group or of the controller within 7 days of the date of their receipt, they shall be dealt with by the superior person controlling them within 30 days of the date of their receipt in a way that they comply, partially comply or reject them. In a particularly complex case, the time limit for processing objections by the supervisor shall be extended by 30 days. This extension of the time limit shall be notified in advance by the superior person of the controlled person.

(2) Any objection which is not clear as to which control findings they are directed or which is missing grounds shall be rejected by the superior of the controller as unfounded. The controller shall also reject objections submitted by a late or unauthorised person.

(3) Where an administrative procedure for the imposition of a penalty or remedy is initiated with a audited person pending the processing of the objections in the context of the matter contained in the control report, the decision may be taken, with the agreement of the opposing superior person, in the context of that administrative procedure; where the administrative procedure is conducted by a competent administrative authority other than the control authority which carried out the inspection, it may be transmitted to that administrative authority, with the agreement of the superior opposing officer. The supervisory authority shall notify the person checked of the transmission of the objections. However, where an administrative procedure is initiated in direct connection only with certain elements contained in the control protocol which can be separated from the other elements of the control protocol, the first sentence shall be followed only in respect of objections relating to the facts to which the administrative procedure is initiated. The statement of objections shall be set out in the statement of reasons for the decision taken under this administrative procedure.

§ 15

Transfers of natural, legal and business natural persons

(1) A natural, legal or business natural person commits an offence by:

(a) as a controlled person fails to fulfil any of the obligations under Paragraph 10 (2);

(b) as a compulsory person fails to fulfil the obligation under Paragraph 10 (3).

(2) A fine of up to 500 000 CZK may be imposed for an offence referred to in paragraph 1 (a) and a fine of up to 200 000 CZK may be imposed for an offence referred to in paragraph 1 (b).

§ 17

Common provisions on infringements

The transfers referred to in Article 15 shall be dealt with by the supervisory authority responsible for carrying out the inspection in respect of which the offence has been committed.

§ 18

Termination of the control

Control is complete

(a) by the futile expiry of the period for the submission of objections or by giving up the right to object;

(b) the date of service of the statement of objections to the person checked; or

(c) the date on which the opposition was referred to the administrative authority (Paragraph 14 (3)).

§ 19

Control of state administration

(1) In monitoring the performance of the administration, the controlling authority shall be entitled to impose further measures to remedy or prevent deficiencies detected by the control.

(2) Measures to remedy or prevent deficiencies identified by control shall be indicated in the control report.

HLAVA IV

COMMON PROVISIONS

§ 20

Confidentiality obligation

(1) The controller or the invited person shall be obliged to maintain confidentiality of all facts which he or she has become aware of in connection with the inspection or the acts preceding the inspection and not to use the information thus obtained.

(2) The obligation of confidentiality of the controlling or invited person shall continue after the termination of their employment or other relationship.

(3) The controller or the invited person may be relieved of the obligation of confidentiality by the person in whose interest the controlling or invited person has this obligation or, in the public interest, by the superior person in charge.

§ 21

Correction of errors and reinvestigation

(1) The irregularities in the control report shall be corrected by the control authority, ex officio, in the form of an amendment to the control report, the copy of which shall be delivered to the person checked and annexed to the control report.

(2) Where, on the basis of objections submitted or in order to correct the irregularities identified in the control report, this is necessary, the inspector shall carry out an investigation. The outcome of the investigation shall be recorded in the Appendix to the Control Protocol, the copy of which shall be delivered to the person checked and annexed to the Control Protocol.

(3) Paragraphs 6 to 11, 13 to 17 and 20 shall apply mutatis mutandis in the course of the investigation.

§ 22

Specific provisions on access to the file

Documents, or parts thereof, from which the identity of the person who initiated the inspection can be ascertained shall be excluded from the inspection.

§ 23

Control costs

(1) The costs incurred by the control authority in carrying out the inspection shall be borne by the control authority.

(2) The costs incurred by the person or the person responsible for carrying out the check shall be borne by those persons.

§ 24

Taking over of control by a superior administrative authority

(1) The competent administrative authority of the supervisory authority may, where justified, take over the control. The superior administrative authority shall inform the supervisory authority which is otherwise competent to carry out such a check.

(2) Where a superior administrative authority exercises the control referred to in paragraph 1, the same control may not be carried out by the control authority which otherwise is competent to carry out such control. However, the competent administrative authority shall inform it of the outcome of the inspection without undue delay.

§ 25

Cooperation between control authorities

(1) In the interests of good administration, the supervisory authorities cooperate and coordinate their checks.

(2) Where the control authority asks another control authority or other public authority to provide the data, information or other control documents necessary for carrying out the inspection, the contact authority shall provide such data, information and other control documents, provided that they are available and do not prevent the fulfilment of obligations imposed by other legislation, except for the obligation of confidentiality.

(3) Upon request, the control authority shall communicate the results of the checks to another control authority or public authority if they are necessary for the exercise of its competence. Staff members included in these bodies shall be obliged to remain silent on such matters; Article 20 shall apply mutatis mutandis.

(4) The control authority shall forward its findings of deficiencies to the competent authority which is entitled to take measures within its jurisdiction to remedy the situation or to impose penalties for deficiencies found.

§ 26

Publication of control information

The control authority shall publish, on a regular basis, at least once a year, in a manner that allows remote access, general information on the results of the checks.

§ 27

Planning of checks

The inspection authority shall draw up a control plan, provided that their nature or purpose does not prevent it. The control authority shall coordinate the content of the control plan with other control authorities, provided that this is in order to protect the rights of the persons checked and does not prevent the purpose of the checks.

§ 28

Relationship with the Administrative Rules

Unless otherwise provided for in the law, checks shall be carried out in accordance with the administrative rules.

HLAVA V

TRANSITIONAL AND REPEAL PROVISIONS

§ 29

Transitional provisions

(1) A check initiated before the date of entry into force of this Act shall be completed in accordance with existing legislation.

(2) If the existing clearance of control in the form of a licence contains a reference to the State Control Act, it shall remain in force until 31 December 2017 at the latest.

§ 30

Repeal

Act No. 552 / 1991 Coll., on State Control, is repealed.

ČÁST DRUHÁ

Amendment to the Supreme Audit Office Act

§ 31

In Article 31 of Act No. 166 / 1993 Coll., on the Supreme Audit Office, the words "the Law on Control and 'are inserted after the word" not valid'.

ČÁST TŘETÍ

Amendment to the Act on the Protection of classified information

§ 32

In Act No. 148 / 1998 Coll., on the protection of classified information and on the amendment of certain laws, as amended by Act No. 164 / 1999 Coll., Act No. 18 / 2000 Coll., Act No. 29 / 2000 Coll., Act No. 30 / 2000 Coll., Act No. 363 / 2000 Coll., Act No. 60 / 2001 Coll., Act No. 322 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 342 / 2002 Coll., Act No. 250 / 2008 Coll., Act No. 320 / 2002 Coll., Act No. 436 / 2003 Coll., Act No. 213 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 444 / 2004 Coll., Act No. 342 / 2006 Coll., Act No. 250 / 2008 Coll.

ČÁST ČTVRTÁ

Amendment to the Act on the amendment and repeal of certain laws related to the Regional Act, the Act on Municipality, the Act on District Offices and the Law on the Capital City of Prague

§ 33

In Act No. 132 / 2000 Coll., amending and repealing certain laws relating to the County Act, the Act on Municipality, the Act on District Offices and the Act on the City of Prague, as amended by Act No. 217 / 2000 Coll., Act No. 143 / 2001 Coll., Act No. 86 / 2002 Coll., Act No. 356 / 2003 Coll., Act No. 22 / 2004 Coll., Act No. 93 / 2004 Coll., Act No. 99 / 2004 Coll., Act No. 562 / 2004 Coll., Act No. 329 / 2004 Coll., Act No. 375 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 189 / 2006 Coll., Act No. 269 / 2006 Coll., Act No. 329 No. 329 / 2011 Coll.

ČÁST PÁTÁ

Amendment of the law amending certain laws on the public health protection sector

§ 34

In Act No. 274 / 2003 Coll., amending certain laws on public health protection, as amended by Act No. 426 / 2003 Coll., Act No. 316 / 2004 Coll., Act No. 626 / 2004 Coll., Act No. 264 / 2006 Coll., Act No. 378 / 2007 Coll. and Act No. 375 / 2011 Coll., Part Ten is deleted.

ČÁST ŠESTÁ

Amendment of the law amending certain laws in connection with the adoption of the administrative order

§ 35

In Act No. 501 / 2004 Coll., amending certain laws in connection with the adoption of the Administrative Order, as amended by Act No. 444 / 2005 Coll., Act No. 281 / 2009 Coll. and Act No. 329 / 2011 Coll., Part Twenty-fifth is deleted.

ČÁST SEDMÁ

Amendment to Act No. 392 / 2005 Coll.

Citation	Act No. 255 / 2012 Coll., on Control (Control Regulations)
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	19.07.2012
Effective from	01.01.2014
Effective until	-
Status	Valid

Act No. 255 / 2012 Coll.

Control Act (Control Regulations)

Contents