Act No. 302 / 2016 Coll.
Act amending Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended, and other related laws
Valid
Law
Effective from 01.01.2017
Zobrazeno prvních 200 z celkem 346 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
302
THE LAW
of 24 August 2016
amending Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Association Act in political parties and political movements
Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended by Act No. 468 / 1991 Coll., Act No. 68 / 1993 Coll., Act No. 189 / 1993 Coll., Act No. 117 / 1994 Coll., the Constitutional Court's finding, published under Act No. 296 / 1995 Coll., Act No. 322 / 1996 Coll., Act No. 345 / 2000 Coll., Act No. 420 / 2011 Coll., Law No. 344 / 2004 Coll., Act No. 342 / 2006 Coll., Act No. 102 / 2001 Coll., Act No. 296 / 2007 Coll., Act No. 151 / 2002 Coll., Act No. 501 / 2004 Coll., Act No. 556 / 2004 Coll., Act No. 342 / 2006 Coll., Act No. 296 / 2007 Coll.
1. in Article 1 (3) (a):
"(a) in associations,"
footnote 1b is deleted, including the footnote references.
2. in Article 6 (2) (b) (7), the words "legal acts" shall be replaced by the words "legal proceedings";
3. in Paragraph 6 (2) (b) (9), "18" is replaced by "19h."
4. In Paragraph 6 (2) (b) (10), "7 'is replaced by" 6'.
5. Paragraph 11 (3) is deleted.
6. In Article 12, the sentence "If liquidation ends with an asset balance, the liquidator shall treat it in the manner specified in the Statutes [Paragraph 6 (2) (b) (10)]."
7. Paragraph 12 (4) and (5) are deleted.
8. in Paragraph 13 (1) (a), the words "civil association" shall be replaced by the words "association."
9. in Article 13 (1), point (b) is deleted;
Point (c) shall be renumbered (b).
10. in Article 13 (2), the words "and (b)" shall be deleted;
11. in Paragraph 13, paragraph 4 is deleted;
Paragraphs 5 to 7 shall be renumbered paragraphs 4 to 6.
12. In Paragraph 13 (4), the first sentence is replaced by the following: "If the party and the movement are abrogated by voluntary dissolution, the authority which has decided to dissolve is obliged to appoint a liquidator at the same time."
13. in Paragraph 14 (1), "to 19" is replaced by "17a, 17b, 18 and 19h."
14. in Paragraph 14 (3), "18 (1) and (2)" is replaced by "19h (1)."
15. in Article 15 (2), the words "the European Parliament" shall be inserted after the word "the Senate," and the words "or the election of the President of the Republic" shall be inserted after the word "the whole."
16. In Article 17, the following paragraphs 4 to 7 are inserted after paragraph 3:
"(4) The Party and the Movement may establish or be a member of a single political institute; For the purposes of this Act, a political institute shall mean a legal person whose main activity is research, publication, educational or cultural activity in the field of:
(a) developing democracy, the rule of law, pluralism and the protection of fundamental human rights;
(b) development of civil society and social cohesion;
(c) promoting active participation of citizens in public life;
(d) improving the quality of political culture and public debate; or
(e) contributing to international understanding and cooperation.
(5) The political institute shall publish in a manner that allows remote access all the results of its activities referred to in paragraph 4, the nature of which makes this possible.
(6) The political institute shall not engage in the activities of a school or establishment under the Education Act or act as a university under the Higher Education Act.
(7) A contribution to support the activities of a political institute may be granted if the political institute has a public utility status. The contribution to support the activities of the political institute shall not be used to finance the election campaign of a Party or a movement or coalition or their candidate or independent candidate. ';
Paragraphs 4 to 6 shall be renumbered paragraphs 8 to 10.
17. in Paragraph 17 (8) (d), the words "and inheritance" shall be replaced by the words "inheritance and free of charge."
18. in Paragraph 17 (8) (e), "and sales" shall be replaced by "pacht and disposal."
19. in Article 17 (8) (i):
"(i) loans and loans granted by a bank, a payment institution or an electronic money institution or a branch of a foreign bank, a payment institution or an electronic money institution within the territory of the Czech Republic,"
20. In Article 17, at the end of paragraph 8, the dot is replaced by a comma and the following point (j) is added:
"(j) contribution from the state budget of the Czech Republic to support the activities of the political institute."
21. In Paragraph 17, the following sentence is added at the end of paragraph 9: "The accounts of the parties and the movement must be verified by an auditor under the Auditor Act. The statutory body of the Party or Movement shall designate the auditor; the same auditor may be identified repeatedly for a maximum of five consecutive calendar years. ';
22. In Paragraph 17, the following paragraph 10 is inserted after paragraph 9:
"(10) The accounts of a trading corporation established by a party or by a movement or a trading corporation on which a party or a movement participates as a partner or member shall be audited by an auditor in accordance with the Auditor Act. The same auditor for the verification of accounts as referred to in the first sentence may be designated as a maximum of 5 consecutive calendar years. ';
Paragraph 10 shall become paragraph 11.
23. The following Sections 17a and 17b are inserted after Section 17, including footnote 6:
(1) Parties and movements and political institutes use only funds held in accounts with a bank, payment institution or electronic money institution or with a branch of a foreign bank, payment institution or electronic money institution in the Czech Republic for their activities. This does not apply if there are expenditure not exceeding CZK 5,000; such expenditure may be paid in cash.
(2) The Parties and the movement and political institutes shall keep separate accounts for:
(a) contributions from the State budget, donations and other free of charge;
(b) the performance resulting from the employment relationship with the Party and the Movement and the Political Institute;
(c) financing of electoral campaigns under the conditions laid down in the electoral laws;
(d) other revenue and expenditure.
(3) The funds referred to in paragraph 2 (a) shall be kept by the parties and the movement and political institutes in a separate account allowing for free and continuous access by third parties to display a summary of payment transactions in those accounts (hereinafter referred to as the "Special Account").
(4) The Parties and the movement and political institutes shall communicate without undue delay to the Office the number or other unique identifier of the account (6) on which the funds referred to in paragraph 2 (d) are kept; upon a request from the Office, the number or other identifier of the account in which they keep the funds referred to in paragraph 2 (b).
Special account
(1) The payment order by which the party and the movement and political institute or any other person requests the execution of a payment transaction in favour or at the expense of a specific account must state the purpose of the payment transaction.
(2) A payment service provider with a special account of a party, movement or political institute is required to allow third parties to view the history of payment transactions retroactively over the last 3 years.
(3) The address of the website on which an overview of payment transactions in a separate account is made available shall be notified by the parties and the movement and political institutes of the Office, which shall publish the address on its website.
6) § 2 (3) (h) of Act No. 284 / 2009 Coll., on Payment. '.
24. Paragraph 18, including footnote 7, reads as follows:
(1) Parties and movements may not accept a gift or other free of charge
(a) from the State, unless otherwise provided for in this law,
(b) from a contribution organisation;
(c) from the municipality, the urban area, the urban district and the region;
(d) from a voluntary association of municipalities;
(e) from a public undertaking and a legal person having the ownership of a State or a public undertaking, as well as from the person in whose management and control the State is involved; This does not apply if the State or a State enterprise does not have 10% of its shareholding;
(f) from a legal person having the ownership of a region, a municipality, a city or a city district; This does not apply if the holding does not reach 10%,
(g) from a community of general interest, a political institute and an institution;
(h) the assets of the trust fund;
(i) from another legal person, where other legislation so provides;
(j) from a foreign legal person with the exception of a political party and a fund set up for public service activities;
(k) from a natural person who is not a national of the Czech Republic; that is not the case if the person is entitled to vote in the Czech Republic to the European Parliament.
(2) Parties and movements may not accept a gift or other free of charge if the sum of all cash donations or, where appropriate, cash amounts corresponding to the normal price (7) of a gift or other free of charge received from one and the same person in one calendar year exceeds CZK 3 000 000. A legal person who is the first person controlled or controlled in relation to a person under the sentence shall be considered as one and the same person. If the donor or provider of another free performance is a member of the party or movement, the donation or other free performance shall also be considered a member contribution in excess of CZK 50 000.
(3) If the parties and the movement obtain a gift or other free of charge in breach of this law, they are obliged to return it to donors by 1 April of the year following that in which they obtained it. If repayment is not possible, they shall, within the same period, pay a cash amount corresponding to a cash grant or other free of charge or normal value (7) of a gift in kind or other free of charge to the State budget. In the case of a cash grant or other free of charge, the parties and the movement are obliged to return it, including its interest rate appreciation, to the discount rate of the Czech National Bank applicable on the date of repayment.
(4) Each donor must be identified by the data referred to in Article 19h (1) (h).
(5) A gift or other free of charge, the amount of which or the usual price exceeds CZK 1,000, can only be accepted by the party or movement under a written contract.
7) Act No. 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets), as amended. '
25. A group title is inserted above Paragraph 19, which reads: "Office."
26.
(1) An Office with its registered office in Brno is hereby established as the central administrative office for the supervision of the management of the parties and of the movement within the legal scope. The Office shall be an entity.
(2) The Office is an independent body; only laws and other laws apply in their activities.
(3) The Office's activities may only be affected by law. "
27.
(1) The Office shall consist of the President of the Office, four members of the Office and other staff of the State included therein. The President of the Office and the members of the Office shall be officials of the State included in the Office.
(2) The President of the Office is entitled to a salary as chairman of the Committee of the Chamber of Deputies 8).
(3) The member of the Office is entitled to a salary as Vice-President of the Chamber of Deputies (8).
8) Act No. 236 / 1995 Coll., on the salary and other formalities connected with the performance of the duties of representatives of the State and of certain state bodies and judges and Members of the European Parliament, as amended. '
28. The following Sections 19b to 19m are inserted after Section 19a:
(1) President of the Office
(a) is at the head of the Office and manages its activities; is deemed to be a service body and is entitled to give a civil servant orders to perform a civil service under the Civil Service Act;
(b) approve:
1. the organisational structure of the Office;
2. the plan of action of the Office;
3. the activity report of the Office for the relevant calendar year.
(2) The President of the Office shall designate one of the members of the Office who shall represent him in full at the time of his absence or at the time of his absence.
(3) A member of the Office shall also represent the President of the Office where he is authorised to do so.
(1) The President of the Office shall be appointed and removed by the President of the Republic. The President of the Office shall be appointed by the President of the Republic from two candidates, one of whom is proposed by the Chamber of Deputies and one proposed by the Senate.
(2) The President of the Office is appointed for a term of 6 years and cannot be appointed for more than 2 consecutive terms of office.
(3) The President of the Office may be appointed a person whose knowledge, experience and moral qualities are a precondition for him to hold his office properly and who:
a) is a national of the Czech Republic,
(b) she is fully competent;
(c) it is fair and fair,
d) fulfils the conditions for the performance of duties in the State bodies under the Act on certain other conditions for the performance of certain functions in the State bodies;
(e) has completed university education obtained by study in the Master's study programme; and
(f) has not been a member of a party or movement during the last three years preceding its appointment, nor has it been a Member or Senator, a Member of the European Parliament, a member of the Regional Council or a member of the City of Prague.
(4) For the purposes of this law, a person shall not be deemed to be righteous unless it is treated as if it were not convicted, which has been definitively convicted for:
(a) an offence committed intentionally; or
(b) a criminal offence committed by negligence in connection with the exercise of public administration.
(5) The office of President of the Office shall be incompatible with the function of President of the Republic, Member of the Government, President, Vice-President or Member of the Supreme Audit Office, Member of the Banking Board of the Czech National Bank, Member or Senator, Members of the European Parliament, Judge, Prosecutor, any other function in public administration and membership of the party or movement.
(6) The President of the Office shall not hold any other paid office and shall not engage in any gainful activity other than the management of his or her own assets and activities of scientific, educational, literary, publicistic and artistic, unless such activity distorts the dignity of the Office or endangers confidence in his or her independence and impartiality.
(1) The office of President of the Office shall cease to be:
(a) the expiry of the term of office;
(b) on the day following the date of service in writing of the resignation of the President of the Republic,
(c) on the day following the date of service of the written appeal;
(d) the date on which the judgment in which the President of the Office was sentenced for the offence provided for in Paragraph 19c (4) became final;
(e) the date of the acquisition of legal power of the judgment by which the powers of the President of the Office have been restricted.
(2) The President of the Republic shall withdraw the President of the Office if he no longer fulfils any of the conditions for appointment laid down in § 19c (3) (a), (d) or (e) or § 19c (5) or (6).
(1) The members of the Office shall be appointed by the President of the Republic from among the candidates elected by the Senate pursuant to paragraph 2 for a period of 6 years; a member of the Office may also be re-appointed.
(2) Candidates for members of the Office are proposed by the Senate by the President of the Supreme Audit Office, the Chamber of Deputies and individual Senators. The Senate shall elect one candidate per member of the Office from among the candidates proposed by the President of the Supreme Audit Office. Two more candidates per member of the Office shall be elected by the Senate from among the candidates proposed by the Chamber of Deputies and one candidate per member of the Office shall be elected by the Senate from among the candidates proposed by each Senator.
(3) A member of the Office may be appointed a person whose knowledge, experience and moral qualities are a precondition for his duties to be properly held and who:
a) is a national of the Czech Republic,
(b) she is fully competent;
(c) it is fair and fair,
d) fulfils the conditions for the performance of duties in the State bodies under the Act on certain other conditions for the performance of certain functions in the State bodies;
(e) has completed university education obtained by study in the Master's study programme; and
(f) has not been a member of a party or movement during the last 2 years prior to its appointment, nor has it performed during that period as a Member or Senator, a Member of the European Parliament, a member of the Regional Council or a member of the Prague City Council.
(4) Paragraph 19c (4), (5) and (6) and Article 19d shall apply mutatis mutandis to a member of the Office.
Office
(a) supervise the management of parties and movements and political institutes under this law;
(b) process and publish on its website a report on its activities for the calendar year concerned;
(c) publish on its website the full annual financial reports of the parties and of the movement and of the findings resulting from its activities;
(d) notify the Ministry of Finance by 31 May of the relevant calendar year whether the annual financial report of the party and the movement for the previous year has been submitted to it and whether it is found to be complete; The Office shall also inform the Ministry of Finance within that period that the annual financial report has not been submitted or is incomplete,
(e) notify the Ministry of Finance of the outcome of the assessment of the annual financial report submitted retrospectively pursuant to Paragraph 19h (3) or submitted at the request of the Authority to supplement or correct the deficiencies referred to in Section 19h (5), without delay and no later than 10 days after receipt of the annual financial report,
(f) discuss administrative offences and impose penalties;
(g) exercise the powers laid down in other legislation in the area of the financing of electoral campaigns;
(h) exercise the powers laid down in another legislation.
(1) The Office shall exercise oversight under this Act by examining the annual financial reports submitted by the parties and by movements or by its own control of the management of the parties and the movement. The Authority shall have the right to familiarise itself with all data relating to the management of parties and movements in the exercise of its oversight. The Party or Movement shall provide the Office with synergies in accordance with the rules of control.
(2) The Head of the Office, the members of the Office and the authorised staff of the Office shall carry out supervisory activities. In its performance, they are proven by a card.
(3) The model of the licence shall be established by the Office by a decree.
(1) The Parties and the Movement are required to submit an annual financial report to the Office by 1 April each year, comprising:
(a) the accounts under the Accounting Act (3);
(b) the audit report on the verification of the accounts, with an unqualified statement;
(c) an overview of the total revenue, broken down by Article 17 (8), to which the parties and the movement add:
1. an overview of the companies or cooperatives in which the party or movement has a share, indicating the amount of that share;
2. an overview of loans, loans and other debt, indicating the amount and terms of the debt, including the maturity date, the name, surname and date of birth; where the provider is a legal person, its business name and identification number shall be indicated;
(d) an overview of wage expenditure by the party or by the movement of persons paid, indicating the number of such persons and the type of work carried out;
(e) an overview of total expenditure on taxes, fees and other similar cash transactions;
(f) expenditure on elections broken down by type of election to which the party and the movement have participated in a given calendar year;
(g) an overview of the gifts and their donations, indicating the amount of the donation and the usual prices7) of the non-cash gift, the name, surname and date of birth; where the donor is a legal person, its business name and identification number shall be indicated;
h) an overview of other free transactions, whose normal price7) exceeds CZK 50 000, giving the name, surname and date of birth; where the provider is a legal person, its business name and identification number shall be indicated;
(i) an overview of the value of the property acquired by inheritance or by reference; if the value of the property acquired exceeds CZK 50 000, the name, surname, date of birth and date of death and the municipality of the last residence of the deceased,
(j) an overview of the members whose membership allowance for the calendar year exceeds CZK 50 000, giving their name, surname, date of birth, town of residence and total amount of the membership allowance;
(k) the name and registered office of the political institute of which the party or movement is the founder or member and the expenditure incurred to support its activities at least equal to the contribution to the activity of the political institute.
(2) The period referred to in paragraph 1 shall be maintained if a postal consignment to the Office containing an annual financial report is submitted no later than 1 April to the holder of the postal licence or special postal licence.
(3) Where the annual financial report has not been submitted by party and by movement, the Office shall invite the party and the movement to submit it by 15 April of the year concerned and shall set a reasonable time limit.
(4) The annual financial report shall be submitted by the parties and the movement on the prescribed form with annexes, the model of which shall be laid down by the Office by decree.
(5) The annual financial report shall be complete if it contains all the required elements referred to in paragraph 1 and is submitted on the prescribed form with the annexes referred to in paragraph 4. If the annual financial report is incomplete or the data contained therein do not comply with the findings of the Office, the Office shall invite the Party or the Movement within a reasonable period of time to complete or correct the deficiencies; the party and the movement are obliged to complete the annual financial report or to remedy its deficiencies within a time limit set by the Office, which shall not be less than 15 calendar days.
(6) The annual financial report shall be public. The annual financial report shall be accessible for consultation by the Office and on its website, on which the Office shall publish it within 7 days of its receipt.
(1) A natural person requesting a payment transaction to the benefit or liability of a special account shall commit an offence by not indicating the purpose of the payment transaction in the payment order, contrary to Article 17b (1).
(2) A fine of up to CZK 2 000 000 may be imposed for the offence referred to in paragraph 1.
(1) A legal or business natural person requesting the execution of a payment transaction for the benefit or expense of a special account shall commit an administrative offence by not indicating the purpose of the payment transaction in the payment order, contrary to Article 17b (1).
(2) The Party or Movement shall commit an administrative offence by:
(a) infringes Article 17 (8);
(b) in contravention of Article 17a, it does not keep separate accounts or notify the Office of the information referred to in Article 17a (4);
(c) in contravention of Article 17a, it shall not establish a special account or, contrary to Article 17b, notify the address of the website;
(d) in breach of Paragraph 19h (1), it shall not submit an annual financial report within the legal period;
(e) shall not remove the deficiencies of the annual financial report referred to in Article 19h (5) within the time limit laid down;
(f) in breach of Article 18 (3), return the gift or other free of charge upon expiry of the specified period; or
(g) in contravention of Paragraph 18 (3), it shall not return a gift or other free of charge or shall not pay a cash gift or other free of charge or an amount corresponding to the normal price (7) of a gift or other free of charge to the State budget.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 302 / 2016 Coll., amending Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.09.2016 |
|---|---|
| Effective from | 01.01.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0