Full text of Act No. 3 / 2003 Coll.
Full text of Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as resulting from subsequent amendments
Valid
Contents
HLAVA I
Díl 1
§ 1
§ 2
§ 3
§ 4
§ 5
Díl 2
§ 6
§ 7
§ 8
§ 9
§ 10
Díl 3
§ 11
Díl 4
§ 12
§ 13
HLAVA III
Díl 1
§ 14
§ 15
§ 15a
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
Díl 2
§ 29
§ 30
HLAVA IV
Díl 1
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
Díl 2
§ 57
§ 58
§ 59
§ 60
Díl 3
§ 61
§ 62
§ 63
§ 64
§ 64a
§ 64b
§ 64c
Díl 4
§ 65
Díl 5
§ 66
§ 67
§ 68
§ 69
§ 69a
§ 70
§ 70a
§ 71
§ 72 až 75
HLAVA V
§ 76
§ 77
§ 78
§ 79
§ 80
HLAVA VI
§ 80a
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
§ 91a
HLAVA VII
§ 92
§ 92a
§ 93
HLAVA VIII
§ 93a
§ 93b
§ 93c
§ 93d
§ 93e
§ 93f
§ 93g
§ 93h
§ 93i
HLAVA IX
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
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3
PRESIDENT OF THE GOVERNMENT
Announces
the full text of Act No. 129 / 2000 Coll., on Counties (Regional Establishment) as follows from the amendments made by Act No. 273 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 450 / 2001 Coll. and Act No. 231 / 2002 Coll.
THE LAW
on regions (regional establishment)
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
Status of regions and their organs
(1) The Region is a territorial community of citizens who have the right to self-government.
(2) The Region is a public-law corporation which has its own assets and own income defined by law and manages under the conditions laid down by law under its own budget. The Region shall act on its behalf in legal relations and shall be responsible for those relations.
(3) The Region is independently managed by the Regional Council (hereinafter referred to as the "Council"); the other regional authorities are the Regional Council ("the Council '), the Regional Chief (" the Government') and the Regional Office. The regional body shall also be the special authority of the region (hereinafter referred to as the "special authority ') established under the law.
(4) The Region ensures the universal development of its territory and the needs of its citizens.
(1) The Region manages its affairs separately (hereinafter referred to as "separate competence"). State authorities may intervene in their own competence only if the protection of the law so requires and only in the manner provided for by the law. The scope of the separate scope may also be limited by law.
(2) The State administration, the exercise of which by law has been entrusted to the authorities of the Region, exercises its powers as delegated bodies (Sections 29 and 30). The county is the administrative district in the state administration. The Region is obliged to ensure the performance of the delegation.
(3) The Region protects the public interest in the exercise of its separate competence and delegation.
(4) The Region ensures that financial control is carried out in accordance with the budgetary rules of the territorial budgets and the specific legislation.1)
repealed
Where a specific law regulates the scope of the regions and does not provide that they are delegated, they are always activities falling within the separate competence of the regions.
(1) The county may have a character and a banner.
(2) The President of the Chamber of Deputies may, on his proposal, grant a sign or a banner to a country which does not have a sign or banner.
(3) The President of the Chamber of Deputies may, at the request of the Region, change the emblem or flag of the Region.
General binding county regulations and county regulations
A generally binding decree of the county, issued by the council, may be imposed on natural and legal persons within the limits of its own competence only if the law so provides.
On the basis and within the limits of the law, the Council shall issue delegated legislation where the region is legally empowered to do so; This legislation is called the county regulation.
(1) The generally binding county regulations must comply with the laws and regulations of the county must comply with the laws and regulations issued by the government and the central administration.
(2) The General Order of the Region and the Order of the Region (hereinafter referred to as the "Regional Legislation") enters into force on the day of its publication in the Regional Legislative Bulletin (hereinafter referred to as the "Bulletin").
(3) The date of publication of the county law shall be the date of distribution of the corresponding amount of the Bulletin, which shall be indicated in its header.
(4) The legislation of the county shall take effect on the 15th day following its publication in the Bulletin, unless it provides for a later beginning of effectiveness.
(5) If an urgent general interest so requires, an earlier beginning of the legislation of the county may exceptionally be established, but first on the date of publication. The earlier onset of effectiveness shall be indicated in the legislation of the region. In such cases, the legislation of the county shall also be published on the official plate of the Regional Office (hereinafter referred to as the "official plate '), on the official plates of the municipal offices of the municipalities concerned and on mass information.
(6) The Bulletin is issued in sequentially numbered amounts marked with order numbers. The legislation of the county is marked with order numbers in the Bulletin. The numerical series of regional legislation and the numerical series of individual amounts of the Bulletin shall be closed at the end of each calendar year.
(7) The Bulletin must be accessible to everyone at the Regional Office, the Municipal Offices in the Region and the Ministry of Interior ("the Ministry ').
(8) The Region will publish a copy of the Bulletin in a manner that allows remote access.
repealed
repealed
Penalties for legal persons and business natural persons
(1) The Region may impose a fine of up to CZK 200,000 to a legal person and a natural person who is an entrepreneur (hereinafter referred to as "the person") if they have infringed the obligation laid down by the legislation of the region.
(2) The infringement proceedings may be initiated within 1 year from the date on which the country became aware of the infringement referred to in paragraph 1, but not later than 2 years from the date on which the infringement occurred.
(3) When fixing the amount of the fine referred to in paragraph 1, the County shall take into account in particular the nature, gravity, duration and consequences of the infringement and the proportionality of the amount of the fine in relation to the property ratios of the person who committed the infringement.
(4) The fine referred to in paragraph 1 may not be imposed if the law provides for a higher penalty for infringement of the obligation referred to in paragraph 1.
(5) The imposition of the fine referred to in paragraph 1 shall not exempt the person referred to in paragraph 1 from the obligation to remedy the defect within a period set by the county, taking into account the circumstances of the case.
(6) The proceeds of fines are the income of the county.
Citizens of the Region
(1) The citizen of the region is a natural person who is a national citizen of the Czech Republic and is registered for a permanent stay (5) in a municipality or in the territory of a military retreat in the district.
(2) A citizen of the county who has reached the age of 18 has the right to:
a) vote and be elected to the council under the conditions laid down by the law, 6)
(b) express its views on the matters at the meeting of the Council in accordance with the Rules of Procedure;
(c) consult the county budget and the final account of the county, the report on the outcome of the examination of the country's management for the previous calendar year, the resolutions and minutes of the council's deliberations, the resolutions of the Council, the committees of the council (hereinafter referred to as "the committees") and the board committee (hereinafter referred to as "the commission") and make extracts thereof, unless other laws prevent this;
(d) require a matter to be discussed in the field of separate competence by the Council or the representative; If the request is signed by at least 1 000 citizens of the region, it must be discussed at their meeting no later than 60 days, if the responsibilities of the representative are not more than 90 days,
(e) submit proposals, comments and initiatives to the authorities of the region; the authorities of the county shall deal with them without delay, but not more than 60 days, if the responsibilities of the council are limited to a maximum of 90 days,
(f) comment on the draft county budget and the final account of the county for the previous calendar year, either in writing, within the time limit laid down in the Rules of Procedure or orally at the meeting of the representative.
(3) The authorisations referred to in points (b) to (f) of paragraph 2 are also granted to a natural person who has reached the age of 18 and owns a real estate in the territory of the county.
The authorisation referred to in Article 12 (2) shall also be granted to a natural person who has reached the age of 18 who is a foreign national and who is registered for permanent residence in a municipality or a military retreat in the territorial district of the region, provided that the international treaty, which the Czech Republic is bound by, is so established.
SCOPE
Separate scope of the region
(1) The separate competence of the region shall include matters which are in the interest of the region and of the citizens of the region, as far as they are not delegated.
(2) In particular, matters referred to in Sections 11, 35, 36 and 59, with the exception of the issuing of county regulations, are covered by the separate competence of the Region, as well as matters entrust by law to it.
(3) The Region may set up and establish legal persons and organisational elements of the Region for the exercise of its separate competence, unless otherwise provided by the Law.
(4) In exercising its separate competence, the region shall cooperate with municipalities; they must not interfere with their separate competences. The municipality may bring an action under a special law against such intervention.
(5) The counties are obliged, where possible, to discuss in advance with the municipalities measures affecting their competence.
(1) The Region is entitled to comment on the proposals of the State authorities concerning the competence of the Region. The State authorities are obliged, where possible, to discuss in advance with the region measures affecting the region's competence.
(2) The national authorities and the authorities of the municipalities provide the authorities of the county, on request, with free data and information for the exercise of their powers. The county also has this obligation with regard to the state and municipal authorities. The protection of data and classified information under special legislation7) remains unaffected.
(3) In the exercise of their powers, the counties are entitled to use the cadastral data free of charge.
(1) The Region is required to issue certificates and to draw up reports for the purposes of legal and natural persons, where specific legislation so provides.
(2) The Region issues the certificates required for the exercise of the right abroad even if the legislation does not impose such an obligation but the required data are known to it.
In the exercise of its separate competence, the region shall:
(a) when issuing generally binding decrees by law;
(b) on other matters, also other legislation adopted by law.
Regional management
(1) The property of the region must be used efficiently and economically in accordance with its interests and tasks arising from the legal scope. The Region is obliged to take care of the preservation and development of its property. The county keeps records of its property. 8)
(2) Property must be protected against destruction, damage, theft or abuse. The country shall dispose of the unused property in the manner and under the conditions laid down in the specific provisions, 9) unless otherwise provided for in this law.
(3) The Region must not be liable for the obligations of natural and legal persons other than:
(a) obligations arising from a credit agreement where the funds are intended for an investment carried out with financial support from the State budget, the State funds or the national fund;
(b) obligations arising from a credit agreement where the funds are intended for investment in a region or municipality owned by immovable property;
(c) those whose establishment is the county, state or municipality;
(d) those in which the participation rate of the county or, together with any other region (s), municipality (s) or State exceeds 50%.
(4) Legal acts taken in breach of paragraph 3 shall be void from the outset.
(5) The State is not liable for the economy and the commitments of the Region if the State does not take over this obligation contractually.
(6) The Region is obliged to protect its property from unauthorised interference and to exercise in due time the right to compensation and the right to issue unjustified enrichment.
(7) The Region is required to monitor on a permanent basis whether the debtors fulfil their obligations in a timely and proper manner and to ensure that there is no limitation or termination of the rights arising from those obligations.
(1) The intention of the county to sell, exchange or donate real estate, rent or provide as a loan to the county shall be published by the county for at least 30 days before the decision in the competent authority by hanging on the official record so that interested parties may comment on it and submit their tenders. The property shall be identified in the project by the particulars in accordance with the Special Law 9a) in force on the date of publication of the project. If the region does not publish the project during that period, the legal act shall be void.
(2) In the event of a transfer of assets, the price shall, as a general rule, be agreed at an amount which is customary at the place and time, if not a price regulated by the State. The difference from the normal price must be justified.
(3) The provisions of paragraph 1 shall not apply where the lease of apartments, rental or rental of land for a period of less than 90 days or where the lease or loan is made to a legal person whose founder is a region or where the lease of road or road auxiliary land is linked to the specific use of roads under a special law. 9b)
(4) The provisions of paragraphs 1 and 2 shall not apply to borrowings or leases of assets entrusted to contributory organisations established by the region, unless otherwise provided for by a special rule or by a representative in the instrument of incorporation.
repealed
(1) The management of the previous calendar year shall be examined by the auditor. The costs of the audit work shall be borne by the country from its budget.
(2) The final account, together with a report on the results of the regional management review for the previous calendar year, shall be discussed by the representative by 30 June of the following year and shall take measures to correct the deficiencies.
(3) If the county does not request the auditor to review his business for the previous calendar year by 31 January, the Ministry of Finance may impose a fine of up to CZK 100,000 in administrative proceedings; In that case, the audit authority shall ensure that the audit work is carried out on the costs of the mandatory region.
(4) The revenue of the fine is the income of the State budget.
The management of the county with subsidies from the state budget of the Republic and from the state funds of the Republic shall be controlled by the Ministry of Finance or by the tax office entrusted to it during the financial year. In the event that the law has been infringed, the Ministry of Finance shall impose measures to address the deficiencies identified.
The establishment of the budget and the final account of the county and the management of the funds of the budget shall be governed by a special law.
(1) If the law makes the legal action of the county subject to prior publication, approval or approval, the instrument certifying compliance with these conditions shall be accompanied by a clause confirming that those conditions are met.
(2) Legal acts requiring the approval of the council or council may be taken only after their prior approval, otherwise those legal acts of the county shall be void from the outset. Such legal acts shall be carried out by the President or by a person authorised by him, unless otherwise provided for in this law [Paragraph 69 (2) (b)].
Regional cooperation
(1) The counties may cooperate with other counties and municipalities.
(2) The provisions of the Civil Code on interest associations of legal persons and on the contract of association may not apply to the cooperation of regions with other counties and municipalities, unless otherwise provided for in that law.
(3) Cooperation between the county shall take place in particular:
(a) under a contract concluded to perform a specific task;
(b) the establishment of legal persons in accordance with the Special Act (10) by two or more counties.
(4) The contract must be in writing and approved by the relevant representatives, otherwise it shall not be valid.
(5) The contract referred to in paragraph 3 must contain:
(a) the designation of the parties to the contract;
(b) the definition of the subject-matter of the contract;
(c) the rights and obligations of each party to the contract;
(d) how the construction is used after completion, where the construction is the subject of a contract;
(e) the reasons and manner for the withdrawal of participants from the contract and the settlement of assets and property rights.
(1) The property acquired by the joint operation of the counties with other counties or municipalities under a contract pursuant to Article 24 (3) becomes the joint ownership of all the parties to this contract. The shares in the assets acquired by the joint operation shall be the same unless otherwise provided by the contract.
(2) The parties to the contract shall be jointly and severally bound by their obligations towards third parties, unless otherwise provided for in the contract.
(3) The Region shall be bound by the draft contract provided for in Article 24 (3) from the date of its approval by the representative until the date fixed for the adoption of the draft contract, provided that the other country to which the draft contract is addressed does not reject it before the deadline for the adoption of the proposal has expired.
(4) The contract provided for in Article 24 (3) shall be effective on the date of its adoption by all participants, unless otherwise provided for in this Treaty.
(1) The Region cannot be a member of a civil association established under a special legislation. 11)
(2) The Region cannot be a member of a union of municipalities. 12)
Cooperation with other bodies
The provisions of the Civil Code on interest associations of legal persons and on the Association Agreement may apply to cooperation between the county and legal and natural persons in civil relations.
Cooperation with territorial authorities of other States
(1) The Region may cooperate with the territorial authorities of other States and be a member of their international associations.
(2) Counties may conclude mutual cooperation agreements with the territorial authorities of other States. The content of cooperation may only be activities which fall within the separate competence of the contracting region. The contract shall contain:
(a) the names and addresses of the parties to the contract;
(b) the subject matter of the contract (cooperation);
(c) the authorities and the manner in which they are established;
(d) the period for which the contract is concluded.
The contract must be in writing and approved in advance by the relevant representatives, otherwise it shall not be valid.
(3) A legal person under a cooperation agreement can only be established by an international treaty which is bound by the Czech Republic and which has been declared.
(4) The cooperation agreement referred to in paragraphs 2 and 3 on the basis of which a legal person or membership of an existing legal person is to be established shall be subject to the consent of the Ministry after prior consultation with the Ministry of Foreign Affairs. Without this consent, the contract cannot become effective. The granting of consent may be refused only for a conflict with the law or international treaty which the Czech Republic is bound by and which has been declared.
Transferred scope
(1) The authorities of the region shall exercise in their territory a delegated competence in matters governed by law.
(2) The Region will receive a contribution from the State budget to the implementation of the delegation. The amount of the contribution shall be determined by the Ministry of Finance after consulting the Ministry.
In exercising the delegation, the authorities of the county shall:
(a) when issuing regional regulations, laws and other legislation;
(b) in other cases, also by resolutions of the Government and directives of central administrations; the resolutions of the Government and the guidelines of the central administrative authorities cannot impose obligations on the authorities of the region unless they are provided for by law; the validity of the guidelines of central administrative bodies is subject to publication in the Government Bulletin for regional and municipal authorities.
ORDERS OF THE LEVEL
Department
(1) The representative shall be composed of members of the council. The number of members of the council is in the county with population
| a) do 600 000 obyvatel | 45 členů, |
| b) nad 600 000 do 900 000 obyvatel | 55 členů, |
| c) nad 900 000 obyvatel | 65 členů. |
(2) The population of the county on 1 January of the year in which elections are held is crucial for determining the number of members of the council.
(3) The number of members of the council to be elected shall be published by the Regional Office no later than 2 days after its designation on the official record and in the Bulletin.
(1) The function of a member of the council is a public function. 13) A member of the council may not be reduced to rights arising from his work or any other similar relationship for the performance of his duties.
(2) The conditions for the creation and termination of the mandate of a member of the council are governed by a separate legislature.6)
(1) The mandate of a member of the regional council shall be subject to election; the election shall be closed.
(2) A member of the council shall, at the beginning of the first meeting of the council to which he shall attend, make a promise to the following text: "I pledge allegiance to the Czech Republic. I promise in my honour and conscience that I will perform my duties conscientiously, in the interests of the region and its citizens and follow the Constitution and the laws of the Czech Republic."
(3) A member of the council takes a vow before the council by saying "I promise." The composition of the pledge shall be confirmed by the member of the council by his signature.
(1) A member of the council shall have the right to:
(a) submit proposals for discussion to the Council and Council, as well as to committees and commissions;
(b) to raise questions, comments and suggestions to the Board and its individual members, to the chairpersons of the committees, to the statutory bodies of the legal entities of which the region is the founder and to the heads of the contribution organisations and organisational bodies established or established by the Region; the written reply must reach within 30 days,
(c) to request information from regional staff, as well as from employees of legal persons established by the county, on matters relating to the performance of their duties; the information must be provided within 30 days.
(2) A member of the council is obliged to attend meetings of the council or, where appropriate, meetings of other regional bodies, if their member is a member, to perform the tasks assigned to him by those authorities, to defend the interests of the citizens of the region and to act and act in such a way as not to jeopardise the seriousness of his duties.
(3) A member of the council, who has facts suggesting that his or her share in the deliberations and decisions of a particular matter in the authorities of the region could confer an advantage or harm on him or a person close to him, a natural or legal person to whom he or she represents under the law or the power of attorney (conflict of interest), is obliged to disclose that fact before the commission of the regional authority to discuss the matter.
Jurisdiction of the council
(1) The Plenipotentiaries shall decide on matters falling within their competence. In matters of delegation, the Council shall decide only if the law so provides.
(2) The representative is reserved
(a) submit draft laws to the Chamber of Deputies,
Contents
HLAVA I
Díl 1
§ 1
§ 2
§ 3
§ 4
§ 5
Díl 2
§ 6
§ 7
§ 8
§ 9
§ 10
Díl 3
§ 11
Díl 4
§ 12
§ 13
HLAVA III
Díl 1
§ 14
§ 15
§ 15a
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
Díl 2
§ 29
§ 30
HLAVA IV
Díl 1
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
Díl 2
§ 57
§ 58
§ 59
§ 60
Díl 3
§ 61
§ 62
§ 63
§ 64
§ 64a
§ 64b
§ 64c
Díl 4
§ 65
Díl 5
§ 66
§ 67
§ 68
§ 69
§ 69a
§ 70
§ 70a
§ 71
§ 72 až 75
HLAVA V
§ 76
§ 77
§ 78
§ 79
§ 80
HLAVA VI
§ 80a
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
§ 91a
HLAVA VII
§ 92
§ 92a
§ 93
HLAVA VIII
§ 93a
§ 93b
§ 93c
§ 93d
§ 93e
§ 93f
§ 93g
§ 93h
§ 93i
HLAVA IX
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
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Regulation Information
| Citation | Full text of Act No. 3 / 2003 Coll., Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as resulting from subsequent amendments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.01.2003 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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