Act No. 255 / 2023 Coll.
Act amending Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended
Valid
Law
Effective from 26.08.2023
Text versions:
26.08.2023
25.08.2023
255
THE LAW
of 2 August 2023
amending Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Enforcement Order
Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act.
1. In Paragraph 55, the sentence "For the purposes of the decision to suspend execution in accordance with the second sentence and paragraphs 8, 10 or 11, the procedure relating to joint proceedings shall be deemed not to have been joined. '
2. In Sections 55 (8) and (10), the words "execution costs' are replaced by the words" further execution management '.
3. In Paragraph 55, at the end of paragraph 9, the sentence "If the execution file does not result in the contrary, the creditor shall be deemed not to be exempt from the lodging of an advance on the further execution in accordance with the first sentence. '
4. In the first sentence of Article 55 (11), the words "the deposit shall be lodged 'shall be replaced by the words" the advance payment period referred to in paragraph 7'; the words "the period referred to in paragraph 7 shall be replaced by the words" After the three-year period referred to in the first sentence, paragraphs 7 to 10 and the first sentence shall apply mutatis mutandis and the period referred to in paragraph 7 and the first sentence shall be extended by a further three years'; and in the third sentence, the words "the second executor 'shall be inserted after the words" the non-application referred to in paragraph 7 to 10 and'.
5. In Paragraph 125, the following sentence is added at the end of paragraph 4: "Upon written request, the Chamber shall establish remote access to the public and non-public part of the central record of execution for the Ministry to exercise its competence. The Chamber shall provide the Ministry with the data referred to in paragraphs 1 to 3 by remote access. ';
6. In Article 125 (9) (b), the words "pursuant to paragraph 1 to the Ministry or the courts' shall be replaced by the words" to the Ministry, the courts or the law enforcement authorities'.
Transitional provisions
1. The court executor shall be entitled to a flat-rate reimbursement of the costs of CZK 750, if the execution proceedings were initiated before 1 January 2022 and the enforcement proceedings were marked before 1 January 2022 with the execution clause or the order for execution before 1 January 2022. Where the court executor is a payer of value added tax, the flat-rate reimbursement of costs of value added tax shall be increased.
2. A flat-rate reimbursement of the costs referred to in point 1 shall be paid by the State to the judicial executor through the execution court. For the purposes of the decision to terminate the execution referred to in point 1, the procedure relating to the joint proceedings shall be regarded as not involving a joint procedure. In a procedure which is conducted on the basis of an enforcement proposal, in which the creditor has proposed that the obligations imposed by multiple execution titles be waived, the court executor shall be entitled to one flat-rate reimbursement of the costs referred to in point 1.
3. If the court executor has not issued an order to suspend the execution pursuant to Article 55 (7), (8), (10) or (11) of the execution order within 12 months of the date of entry into force of this law or from the date on which the conditions for the suspension of execution were fulfilled, the right to flat-rate reimbursement under point 1 shall not arise to the court executor.
4. In the order to suspend the execution referred to in point 1, the court executive shall order the courts to pay the flat-rate reimbursement referred to in point 1 and shall specify the time limit for the payment of the refund, which may not be less than 4 months from the legal authority, and the file number of the enforcement court. In the preamble to the order suspending the execution of a court order, the court executor shall also indicate, in particular, the date on which the enforcement proceedings were opened, the date on which the enforcement clause was drawn up, or the date on which the execution clause was last made, the date on which the execution clause was not affected, the date of receipt of the notice pursuant to Article 55 (7) of the enforceable order, the reason for the suspension of execution pursuant to Article 55 (7), (8), (10) or (11) of the enforcement order, and the period under Article 55 (12) of the execution order. The order sent to the execution court shall be accompanied by a summary of the information on the suspended execution, drawn up on a form, the specimen and format of which the Ministry of Justice shall publish in a manner that allows remote access.
5. An enforcement court acting as a State may appeal the order suspending the execution referred to in point 1 within 3 months of receipt of the written copy of the decision.
6. Upon written request, the court executor shall make available electronically to the execution court a copy of the execution file relating to the execution procedure referred to in point 1, in electronic form, or send it to the execution court within a reasonable period. If the execution file is not kept electronically, the court executor shall send a copy of the execution file or the requested document on the basis of a written request within a reasonable period specified by the court. The execution court may invite the court executor to supplement the information which is not legally included in the order to suspend the execution referred to in point 1, or to supplement the summary of the information on the suspended execution made on the form referred to in point 4, if it does not contain the specified data or, where appropriate, the question relating to the cessation of execution referred to in point 1.
7. The period of time for the appeal referred to in point 5 shall be extended by the period from the receipt of the application or notice referred to in point 6 to the judicial executor until the delivery of a copy of the enforcement file to the enforcement court, or, where applicable, by making available a copy of the enforcement file in electronic form or until the receipt of the supplementary data or a summary of the information drawn up on the form or, where appropriate, an explanation to the enforcement court, but not later than 12 months.
8. Within 12 months of the receipt of the application or notice referred to in point 6, the operative part of the decision conferring flat-rate reimbursement on the executor as referred to in point 1 shall cease to be effective and the right of the court executor to flat-rate reimbursement as referred to in point 1 shall cease.
9. In enforcement proceedings initiated before 1 January 2022, Section 56b of Act No. 120 / 2001 Coll., as amended by Act No. 286 / 2021 Coll., even if the documents referred to in § 56b (1) (a) and (b) of Act No. 120 / 2001 Coll., as amended by Act No. 286 / 2021 Coll., were delivered to the addressee before the date of entry into force of this Act, shall apply to service of a document which had not begun service before the date of application of the Act.
EFFECTIVE
This Act shall take effect on the day following its publication.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
Contents
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 255 / 2023 Coll., amending Act No. 120 / 2001 Coll., on Judicial Executives and Enforcement Activities (Enforcement Order) and amending other laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.08.2023 |
|---|---|
| Effective from | 26.08.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 457
The regulation text is for informational purposes only.
Comments 0