Act No. 287 / 1995 Coll.
Act amending and supplementing the Act of the Czech National Council No. 238 / 1992 Coll., on certain measures relating to the protection of the public interest
Valid
Law
Effective from 01.01.1996
Text versions:
01.01.1996
08.12.1995
287
THE LAW
of 2 November 1995
amending and supplementing the Act of the Czech National Council No. 238 / 1992 Coll., on certain measures relating to the protection of the public interest
Parliament has decided on this law of the Czech Republic:
The Act of the Czech National Council No. 238 / 1992 Coll., on certain measures relating to the protection of the public interest, is amended as follows:
1. The following words are added to the title of the law at the end: "(the law on conflicts of interest) '.
2. the introductory phrase and Sections 1 to 17 are replaced by the following paragraphs 1 to 12, including the headings:
Common provisions
(1) For the purposes of this Act, public officials shall mean Members and Senators, members of the Government and heads of central administrative offices not headed by a member of the Government, 1) (hereinafter referred to as the "public official").
(2) A conflict of public interest with a personal interest shall be understood as such an act or omission by a public office-holder that threatens to trust in its impartiality or where a public office-holder exploits his position to obtain unjustified benefit for himself or another natural or legal person.
(1) A public office-holder may not use his / her status, authority or information obtained in the performance of his / her duties to obtain unjustified advantages for himself or another person, in particular to that end:
(a) acting in person, in the course of his or her duties, against a State, State or predominantly administered by a legal person in trade matters;
(b) refer to his or her duties in matters relating to the performance of his or her private activity, including his or her occupation, employment or business;
(c) to allow the disclosure of its name or representation for advertising purposes in return for payment or for other assets.
(2) A Member of the Government and a Head of a Central Administrative Office, not headed by a member of the Government, may not:
(a) to pursue or pursue a business or other self-employed activity;
(b) be a member of a management, supervisory or supervisory body of a legal person whose business is to be carried on, unless otherwise provided by a special law;
(c) be employed in an employment, service or similar relationship, not by the ratio in which he acts as a public official.
(3) The restriction referred to in paragraph 2 does not apply to the management of own property and to the activities of scientific, pedagogical, publicistic, literary, artistic or sporting, not including in the field of own business.
(4) The public officials referred to in paragraph 2 shall leave the activities listed there as soon as possible from the date on which they began to perform their duties.
Statement of honour
An honest declaration shall mean a personal benefit notification, an activity notification, a income and gift notification and a real estate notification.
Notification of personal benefit
A public official shall, in the course of the deliberations of the constitutional or state body in which he acts in the debate, submit a proposal or vote, be required to declare his or her relationship before the agreement or decision on the matter, or, if known, the ratio of the spouse, children, parents, siblings, partner or partner to the case, if, in view of the outcome of the hearing, he or such person could be of personal benefit or personal interest; This does not apply if otherwise the benefit or interest is generally apparent.
Notification of activities
(1) The Member and Senator are obliged to notify whether he or she or his spouse:
(a) engage in business or other self-employed activities in accordance with a special provision, with the exception of the management of own property and the management of scientific, educational, publicistic, literary, artistic or sporting activities, not involving own business in such fields;
(b) is a member of a management, supervisory or supervisory body of a legal person established for the purpose of business;
(c) he shall pursue gainful employment in an employment, service or similar relationship, not by the ratio in which he acts as a public official.
This information shall be given by the Member and the Senator separately for himself and for the spouse.
(2) A member of the Government and a Head of the Central Administrative Office, not headed by a member of the Government, is obliged to make the notification provided for in paragraph 1 as a spouse.
(3) A written notification of the activities referred to in paragraphs 1 and 2 shall be sent by the Senator to the President of the Chamber of Deputies and to the Member, a member of the Government and the Head of the Central Administrative Office, not headed by a member of the Government, to the President of the Senate without undue delay, but no later than 30 days after the beginning or termination of that activity. The first activity notice shall be delivered within 30 days of the start of the public service. The Chair of the relevant Chamber shall forward the notification to the Mandate and Immunity Committee of the Chamber of which it is chairman.
Notification of revenue and gifts
(1) The public office shall notify in writing the revenue and other property benefits received in the relevant calendar year during the actual duration of the public office.
(2) A public official shall be required to state correctly and fully in his or her return the amount, type and source of each of his or her cash income and donation, except for the income for the performance of the public office function, if the aggregate value of such income or gifts exceeds the amount of the Member's monthly salary base per calendar year. (2)
(3) The provision of transport, bed, food and other reasonable travelling and visits by a public official in the interest of the State shall not be regarded as a cash income or gift.
(4) A written notification of the revenue and gifts referred to in paragraph 1 shall be forwarded by the Senator to the President of the Chamber of Deputies and the Member, a member of the Government and a Head of the Central Administrative Office, not headed by a member of the Government, to the President of the Senate by the end of June of the following year at the latest.
Notification of immovable property
(1) The public office shall notify in writing, by the end of June of each following year, for the duration of its duties, whether it has acquired ownership or other rights in rem over the previous calendar year.
(2) The written notification of immovable property referred to in paragraph 1 shall be forwarded by the Senator to the President of the Chamber of Deputies and the Member, the member of the Government and the Head of the Central Administrative Office, of which he is not a member of the Government, to the President of the Senate.
(3) The public office shall proceed mutatis mutandis as regards the husband's immovable property. The written notice shall be filed separately for himself and for the husband.
(4) The President of the relevant Chamber shall forward the notification of immovable property referred to in paragraphs 1 to 3 to the Mandate and Immunity Committee of the Chamber of which it is chairman.
Information from notifications of activities, notifications of income and donations and notifications of immovable property
(1) The record of the notifications of activities pursuant to Article 5, the notifications of revenue and gifts pursuant to Article 6 and the notifications of immovable property pursuant to Article 7 and the facts referred to in paragraph 4 shall be kept by the committee of mandates and immunities of the relevant chamber of Parliament.
(2) Every citizen shall have the right, upon written request, to consult the records kept in accordance with paragraph 1 only with regard to public officials. This right shall include the right to consult all documents deposited and the right to obtain extracts and copies thereof.
(3) The written request referred to in paragraph 2 shall include the name, surname, birth number and residence of the applicant. It shall be submitted to the Mandate and Immunity Committee of the relevant chamber of Parliament.
(4) The mandate and immune committee will verify the identity of the applicant as regards his / her name, birth number and residence. Without such verification, it may not be possible to consult the register referred to in paragraph 2.
(5) The extract and the copy referred to in paragraph 2 shall not be authenticated by the Mandate and Immunity Committee or by other authorities and shall not have the character of authentic instruments.
(6) Each Member State shall have the right to register in writing, as referred to in paragraph 1, elements which attest to the untrueness or incompleteness of the notification of activities, the notification of revenue and gifts and the notification of the immovable property of individual public officials. This document shall contain the name, surname, date of birth or, where appropriate, the birth number and address of the writer, otherwise not taken into account.
(7) The persons entitled to consult the documents referred to in paragraph 6 shall be Members and Senators.
Abuse of information derived from activity notifications, income and donations notifications and real estate notifications
(1) The information specified in the notification of activities, the notification of income and donations and the notification of immovable property may not be used for activities other than publicity, which are intended to be carried out in a specific way, and for direct or indirect applications for support or contribution, in particular for political or charitable activities. Such data shall not be misused in particular by false, incomplete or otherwise distorted interpretation.
(2) Any damage caused to a public official or to a person close to him who has been misused by the information obtained from the notification of activities, the notification of income and donations or the notification of immovable property shall also be the responsibility of the person who has consulted the register in accordance with Article 8. He shall be released in whole or in part if he proves that the damage was caused in whole or in part without fault.
Control of notifications of activities, notifications of income and gifts and notifications of immovable property
(1) The Mandate and Immunity Committee of the relevant Chamber of Parliament, after the initiation of the procedure referred to in Article 11 (3), is entitled to examine whether the information in the notification of activities, the notification of income and gifts and the notification of immovable property are presented in a true and complete manner, including through the cooperation of the relevant tax and financial authorities. To this end, the Mandate and Immune Committee shall be entitled, in particular, to require the necessary information and explanations from those authorities, or to request verification from those authorities as to whether the relevant information in the notification of activities, the notification of income and gifts or the notification of immovable property corresponds to the information in their documentation.
(2) Members of the Mandate and Immunity Committee are required to remain silent about the facts which they have learned in the course of their activities under paragraph 1.
Management
(1) The procedure for the proposal for a decision on whether a public official has acted in contravention of his or her honourable declaration is carried out by the relevant Mandate and Immune Committee on the initiative of at least ten Members or five Senators.
(2) The complaint shall be lodged with the mandated and immune committee responsible for the proceedings. The Chamber of Deputies' Mandate and Immunity Committee shall be responsible for proceedings against the Senator. If the initiative is directed against a Member, a member of the Government or a Head of a Central Administrative Office not headed by a member of the Government, he shall be responsible for governing the Senate Mandate and Immunity Committee. If the initiative is directed against a senator who is at the same time a member of a government or a head of a central administration whose head is not a member of the government, he shall be responsible for governing the Senate Mandate and Immune Committee. The complaint must be supported by the reliable facts invoked by Members or Senators.
(3) The relevant Mandate and Immunity Committee shall examine the content of the facts set out in the complaint and, if the content of the complaint indicates that the public official has acted contrary to his affidavit, shall initiate proceedings; otherwise it will reject the complaint. The decision to initiate the procedure and to reject the complaint shall be final.
(4) Following the initiation of the procedure, the relevant Mandate and Immune Committee shall discuss the complaint in accordance with the Rules of Procedure of the Chamber of Deputies in private negotiations. The public official against whom the complaint is directed will be given the opportunity to express and defend himself at the meeting of the Mandate and Immunity Committee. If the initiative is directed against a member of a government or a head of a central administrative office not headed by a member of a government, the Senate Mandate and Immune Committee shall seek the opinion of the Government. Members of the Mandate and Immunity Committee and other persons who take part in its deliberations shall be required to remain silent on the facts which they learn about during the hearing.
(5) If, before voting on a motion for a resolution pursuant to paragraph 6, a public official renounces or withdraws his office, the mandated and immune committee shall suspend the proceedings. This decision is final.
(6) After consulting the complaint, the Mandate and Immune Committee shall, as a general rule, decide by resolution no later than 30 days after the initiation of the proceedings and deliver them without delay to the public office against which the complaint was directed, to the person who lodged the complaint and to the chair of the relevant chamber. The content of the decision is that the public official against whom the complaint was directed acted in contravention of his affidavit and what the substance of the action is. The decision must be justified. This decision is final.
(7) The decision referred to in paragraph 6 shall be taken by a majority of three fifths of all members of the Mandate and Immunity Committee; otherwise the complaint against a public office is deemed to be rejected.
(8) The President of the relevant chamber of Parliament shall, at its next meeting, make public the decision of the Mandate and Immunity Committee referred to in paragraph 6 and the reasons therefor. In the same way, they will declare that the complaint against a public official has been rejected. Where the decision of the Mandate and Immunity Committee of the Chair of the Chamber concerned is concerned, the Vice-President of the Chamber shall make a public statement.
Model documents
The Mandate and Immunity Committee of the relevant chamber of Parliament may, by its resolution, issue recommended models for notifications of activities, notifications of income and donations and notifications of immovable property. ';
Complement of the Labour Code
Act No. 65 / 1965 Coll., as amended by Act No. 88 / 1968 Coll., Act No. 153 / 1969 Coll., Act No. 100 / 1970 Coll., Act No. 20 / 1975 Coll., Act No. 72 / 1982 Coll., Act No. 111 / 1984 Coll., Act No. 22 / 1985 Coll., Act No. 52 / 1987 Coll., Act No. 98 / 1987 Coll., Act No. 188 / 1988 Coll., Act No. 3 / 1991 Coll., Act No. 297 / 1991 Coll., Act No. 74 / 1994 Coll., Act No. 118 / 1995 Coll., is added as follows:
1. the following paragraph 6 is added to Article 73:
"(6) The provisions of paragraphs 2 to 5 shall apply unless otherwise provided for in a special law. 20a)
20a) Act No. 238 / 1992 Coll., on certain measures relating to the protection of the public interest (Act on Conflict of Interest), as amended by Act No. 287 / 1995 Coll. '.
2. the following paragraph 4 shall be added to Article 75:
"(4) The provisions of paragraphs 2 and 3 shall apply, unless otherwise provided for in a special law. 20a) '.
Transitional provisions
(1) The public officials referred to in Paragraph 2 (2) who carry out the activity referred to there at the time of the entry into force of this Act must leave that activity at the earliest possible time from the date of its application.
(2) The public officials referred to in Article 5 (1), if they themselves or their spouses are engaged there at the time of the entry into force of this Act, are obliged to deliver a written notification of their execution within 30 days of its effective date.
(3) When discussing and considering proposals pursuant to § 12 et seq. of Act No. 238 / 1992 Coll. submitted before the effectiveness of this Act, the present Act is followed. The President of the Chamber of Deputies shall forward to the Mandate and Immunity Committee of the Chamber of Deputies the records and documents of the completed discussion of these proposals.
(4) Pending the establishment of the Senate Mandate and Immunity Committee, its functions under this Act shall be performed by the Chamber of Deputies and by the President of the Senate under this Act by the President of the Chamber of Deputies; where the complaint referred to in Article 11 (2) is directed against a member of the Mandate and Immunity Committee of the Chamber of Deputies, that member shall be excluded from taking part in its deliberations.
Efficacy
This Act shall take effect on 1 January 1996.
Uhde v. r.
Havel v. r.
Klaus v. r.
1) Paragraph 2 (1) of the ČNR Act No. 2 / 1969 Coll., on the establishment of ministries and other central government bodies of the Czech Republic, as amended.
2) § 3 (3) and § 8 of Act No. 236 / 1995 Coll., on the salary and other formalities relating to the performance of the duties of representatives of State authority and of certain state bodies and judges.
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Regulation Information
| Citation | Act No. 287 / 1995 Coll., amending and supplementing the Act of the Czech National Council No. 238 / 1992 Coll., on certain measures relating to the protection of the public interest |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.12.1995 |
|---|---|
| Effective from | 01.01.1996 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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