What is Act No. 313 / 2002 Coll.?

Act No. 313 / 2002 Coll., amending Act No. 128 / 2000 Coll., on Municipality (Municipal Establishment), as amended — Act amending Act No. 128 / 2000 Coll., on Municipality (Municipal Establishment), as amended.

When it became Act No. 313 / 2002 Coll. effectiveness?

Act No. 313 / 2002 Coll. became effective 01.01.2003.

Is Act No. 313 / 2002 Coll. still valid?

Yes, Act No. 313 / 2002 Coll. is still valid and effective.

How many times was it Act No. 313 / 2002 Coll. amended?

Act No. 313 / 2002 Coll. has 3 time versions of the text.

Act No. 313 / 2002 Coll. - Act amending Act No. 128 / 2000 Coll., o...

313

THE LAW

of 13 June 2002

amending Act No. 128 / 2000 Coll., on Municipality (Municipal Establishment), as amended

Parliament has decided on this law of the Czech Republic:

Čl. I

Act No. 128 / 2000 Coll., on Municipality (municipal establishment), as amended by Act No. 273 / 2001 Coll., Act No. 320 / 2001 Coll. and Act No. 450 / 2001 Coll., is amended as follows:

1. In Paragraph 2 (2), the words "expressed in law and other legislation 'are deleted.

2. In the second sentence of Article 3 (2), the words "If the city is divided into 2 or more municipalities' are replaced by the words" If a part of the city is separated and 2 or more municipalities are formed '.

3. In Article 4 (1), the words "Cities with a special status (hereinafter referred to as the" Statutory City ") 'are replaced by the words" Statutory Cities'; the word "a 'is replaced by a comma and at the end the dot is replaced by a comma and the words" Teplice, Karvina and Mladá Bleslav' are added.

4. In Paragraph 4 (2), the second sentence is deleted.

5.

„§ 5

(1) The municipality is managed separately by the municipality's representative; the other authorities of the municipality are the council of the municipality, the mayor, the municipal authority and the special authorities of the municipality. The city is managed separately by the town council; Other city authorities are city council, mayor, city authority and special city authorities.

(2) The Statutory City is managed separately by the City Council; Other bodies of the statutory city are the City Council, the Mayor, the Municipality and the special authorities of the city. The urban district of a territorial subdivided statutory city is managed by the municipal district council; the other authorities of the city district are the council of the city district, the mayor, the city district office and the special authorities of the city district. The urban part of a territorial subdivided statutory city is managed by the town council; Other municipal authorities are the City Council, the Mayor, the City Office and the City Special Authorities.

(3) The body of the municipality, city, city status, city district or part of town shall also be the commission if it has been entrusted with the exercise of the delegation (§ 122 (2)). "

(6) Paragraph 6, including footnote 1, shall be deleted;

7.

„§ 7

(1) The municipality manages its affairs separately (hereinafter referred to as "separate competence"). State authorities and regional authorities can 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 be limited only by law.

(2) The state administration, the exercise of which has been entrusted by law to the authority of the municipality, exercises its delegated powers (§ 61 et seq.). "

8.

„§ 8

Where the specific law provides for the jurisdiction of municipalities and does not provide for the transfer of the jurisdiction of the municipality, the latter shall always be a separate jurisdiction. '

9. Article 9, including footnote 2, shall be deleted;

10. in Article 10, point (a) is deleted;

Points (b), (c) and (d) shall be renumbered (a), (b) and (c).

11. in Article 10 (a), the words "publicly accessible places" shall be replaced by "public spaces."

12. in Article 10, at the end of point (c), the dot is replaced by a comma and the following point (d) is added:

"(d) if so provided for in a special law."

13.

„§ 11

(1) The municipality may, under the law and within its limits, issue a decree of the municipality if it is empowered by law to do so.

(2) A municipality carrying out an extended activity (3a) (Paragraph 66) may, under the conditions laid down in paragraph 1, issue municipal regulations for the administrative district provided for by a specific legislation.

3a) Act No 314 / 2002 Coll., on the determination of municipalities with entrusted municipal authority and the determination of municipalities with extended competence. '

14. In the first sentence of Article 12 (1), the words "which is a condition of the law of the municipality 'shall be inserted after the words" which is a condition of its validity' and in the second sentence the words "which is a condition of its validity 'shall be deleted.

15. in Paragraph 12 (2):

"(2) If no later date is provided for, the municipal legislation shall become effective on the 15th day following its publication. If an urgent general interest so requires, an earlier start of effectiveness may exceptionally be established, but first on the date of publication. '

16. In Paragraph 12, the following paragraphs 3 and 4 are inserted after paragraph 2:

"(3) The order of the municipality exercising the extended scope shall also be published on the official record of the municipal authorities operating in the administrative district of the municipality with extended scope.

(4) The municipality keeps a record of the legislation it has issued. The registration of legislation shall include the number and name of the legislation, the date of its approval, the date of its entry into force, the date of its entry into force and, where appropriate, the date of its expiry. The laws of the municipality shall be indicated by order numbers. The numerical series shall be closed at the end of each calendar year. ';

Paragraph 3 shall become paragraph 5.

17. Paragraph 12 (5) reads:

"(5) The legislation of the municipality and its records must be accessible to everyone at the municipal office in the municipality which issued them. An order issued by a municipality exercising an extended competence shall also be accessible to each municipality operating in its administrative district. The municipal law of the municipality shall be sent by the municipal authority immediately upon its publication to the competent regional authority and to the Ministry of the Interior, if the Ministry so requests. '.

18. Paragraph 13, including footnote 4, reads:

„§ 13

(1) The State and regional authorities are required, where possible, to discuss in advance with the municipality proposals for measures affecting the jurisdiction of the municipality.

(2) The State and regional authorities provide the municipality, on request, with free data and information for the exercise of its competence. The municipalities also have this obligation towards the state and regional authorities. The protection of data and classified information under specific legislation4) remains unaffected.

(3) In the exercise of their powers, municipalities are entitled to use the cadastral data free of charge.

4) For example, Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws, as amended, Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Laws, as amended, and Act No. 89 / 1995 Coll., on the State Statistical Service, as amended. '

19. Paragraph 14 (2) reads:

"(2) The municipality 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. '

20. Article 15, including footnote 5, shall be deleted;

21. in Article 16 (2) (c):

"(c) express its views on the matters under consideration at the meeting of the council of the municipality in accordance with the rules of procedure;"

22. at the end of Paragraph 16 (2) (f), the words "if it is for the town council, no later than 90 days," shall be added.

23. in Article 16 (2) (g), in the part of the sentence after the semicolon, the word "submission" shall be deleted; after the word "municipality ', the word" is' is inserted; the words "but 'shall be inserted after the words" the longest', and at the end the words "if it is for the council of the municipality, no later than 90 days' shall be added.

24. in Paragraph 19 (2):

"(2) After the merger, the municipality shall bear the name agreed upon by the merged municipality. If the municipalities do not agree on the name, the Ministry of the Interior will decide on it. '

25. In Paragraph 19 (2), the third sentence is replaced by the following sentence: "The Ministry of the Interior gives its consent to another name of the merged municipality."

26. In Paragraph 19 (3), after the word "neighbouring ', the comma is replaced by the dot and the words" after consultation with the district office' are deleted.

27. In Paragraph 19, the following sentences are added at the end of paragraph 4: "The municipalities concerned shall notify the Regional Office of the decision of their councils on the basis of which an agreement is to be concluded on the merger of municipalities or the connection of municipalities. Where a local referendum is held on the merger of municipalities or the connection of municipalities, the municipalities concerned shall also notify the decision taken in the local referendum. ';

28. in Paragraph 19 (5) (c), the words "in the municipality or parts thereof" are replaced by the words "in the whole municipality."

29. Paragraph 19 (6) reads:

"(6) The legal successor to the merged or connected municipalities shall be the municipality resulting from their merger or the municipality which does not disappear when connected to the municipality. The municipality becomes the recipient of the tax revenue under a special law, which would otherwise fall to a degraded municipality under special legislation. The municipality shall also be transferred to that municipality, including the funds of the degraded municipalities, the other rights and obligations of those municipalities, including their rights as founder and legal entity, as well as the organisational components of those municipalities, on the date on which the municipalities are merged or joined. A copy of the agreement shall be sent to the Ministry of the Interior, the Ministry of Finance, the competent cadastral office and the competent financial office. ';

30. the following Section 20a is inserted after Section 20:

„§ 20a

The new municipality can be created by separating part of the municipality, possibly by changing or cancelling the military retreat. 9). "

31. in Article 21 (1), the first sentence shall be replaced by the following sentence: "The part of the municipality wishing to be separated must have a separate cadastral territory adjacent to at least two municipalities or one municipality and a foreign State and forming a continuous territorial unit; they must have at least 1 000 citizens after the department. '

32. In the first sentence of Article 22 (1), the words "delegated 'shall be inserted after the words" Regional Authority'.

33. In the second sentence of Paragraph 22 (1), the words "citizens of the municipality 'shall be replaced by the words" adopted in the local referendum (8)'.

34. in Article 22 (2), point (b) is deleted;

Points (c), (d) and (e) shall be renumbered (b), (c) and (d).

35. in Paragraph 22 (2), the following point shall be replaced by a comma at the end of the period:

"(e) the distribution of the tax revenue in proportion to the population of the indigenous and newly created municipality until the percentage of the tax revenue of the newly created municipality has been determined."

36. in Article 22 (4), the words "the Ministry of Finance" shall be inserted after the words "the Ministry of the Interior."

37. In Article 22, paragraphs 5 and 6 are added:

"(5) The separation procedure for a part of the municipality completed by a final decision cannot be renewed and the final decision on the separation of a part of the municipality cannot be examined in administrative proceedings.

(6) After the results of the local referendum have been announced, the municipality will ask the Ministry of the Interior for approval of the name of the emerging municipality. '

38. In § 24, the second sentence reads: "The separation of part of the municipality may only take place at the beginning of the calendar year following the day of the elections for councils in municipalities."

39.

„§ 26

Changes to the boundaries of the municipalities where the municipalities are not merged, the municipality is connected or the part of the municipality is separated shall take place on the basis of an agreement between the participating municipalities after consultation with the relevant cadastral office. The municipality shall notify the Ministry of Finance and the Financial Office of the conclusion of the agreement. '.

40. Part 1, Title The title of Part 4 reads: "Names of municipalities, their parts, streets and public spaces, numbering of buildings, emblem and banner of municipalities'.

41.Paragraph 31 (5) reads as follows:

"(5) The municipal authority shall decide on the descriptive, indicative or registration number of the building. Each descriptive or registration number of the building shall be unique within a part of the municipality. The administrative rules shall not apply to decisions on the marking of buildings by numbers. ';

42. In the first sentence of Paragraph 32 (1), the word 'municipalities' is replaced by 'municipal authorities'.

43. In the second sentence of Paragraph 32 (1), the word "municipality 'is replaced by" municipal authority'.

44. The following Section 34a is inserted after Section 34:

„§ 34a

(1) Municipality may have the character and battalion of the municipality.

(2) At the request of the President of the Chamber of Deputies, a municipality which does not have a municipality emblem or battalion may grant a municipality emblem or battalion. The President of the Chamber of Deputies may, at the request of the municipality, change the emblem or battalion of the municipality.

(3) Municipality and bodies established or established by them and legal persons may use the municipality emblem and battalion. Other entities may use the municipality character only with its consent. Its approval is not necessary for the use of the municipality battalion.

(4) If the city district or part of the city has its character and flag, paragraph 3 shall apply to their use. ';

45. in Paragraph 35 (1):

"(1) The municipality's separate competence shall include matters which are in the interest of the municipality and of the citizens of the municipality, unless they are legally entrusted to the regions, or where they are not delegated to the authorities of the municipality or the jurisdiction which is entrusted by the special law to the administrative authorities as the exercise of the administration, as well as matters which are entrusted by the law to the municipality. '

46. the following Section 35a is inserted after Section 35, including footnote 13a:

„§ 35a

(1) The municipality may set up and establish legal persons and branches of the municipality in order to exercise its separate competence, unless otherwise provided by law.

(2) Municipality may establish municipal police. The establishment and operation of the municipal police are governed by a separate law.

13a) Act No. 553 / 1991 Coll., on Municipal Police, as amended. '

47. In Paragraph 36, the word "municipality 'shall be added at the end of paragraph 1.

48. in Paragraph 36 (2):

"(2) The municipality may award the prices of the municipality. '

49.Paragraph 38 (3) reads:

"(3) The municipality must not be liable for the liabilities of natural persons and legal persons except:

(a) obligations arising from a credit agreement where the funds are intended for an investment carried out with financial support from the State budget, State funds or national fund;

(b) liabilities arising from a credit agreement where the funds are intended for investment in immovable property municipalities;

(c) those whose authority is a municipality, a county or a State;

(d) those in which the rate of participation by it or with other municipalities or municipalities, regions or regions or States exceeds 50%;

(e) housing cooperatives. ';

50. Paragraph 39 (1), including footnote 15a, reads as follows:

"(1) The municipality's intention to sell, exchange or donate real estate, rent or provide as a loan to the municipality shall be published by the municipality for a period of at least 15 days prior to the decision in the competent authority of the municipality by hanging on the official plate of the municipal office, so that interested parties may comment on it and submit their tenders. The project may also be published by the municipality in the usual manner. If the municipality does not publish the project, the legal act shall be void from the outset. The property shall be identified in the project by the particulars in accordance with the Special Law 15a) in force on the date of publication of the project.

15a) § 5 of Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended. "

51. In Paragraph 39, the following shall be added at the end of paragraph 3: "or if there is a lease or loan to a legal person established by the municipality '.

52. Paragraph 40 is deleted.

53. In Paragraph 41, the current text becomes paragraph 1 and the following paragraph 2 is added:

"(2) Legal acts which require the approval of the council of the municipality or of the council of the municipality shall be void from the outset. '

54.

„§ 42

(1) A municipality with at least 5000 inhabitants will have the municipality's management audited over the previous calendar year.

(2) The municipality, which has fewer than 5000 inhabitants, will have the municipality's management examined by the Regional Office or the auditor for the previous calendar year. The management of the municipality shall be reviewed by the Regional Authority in its delegated capacity.

(3) The municipality which had the municipality's management examined by the auditor notified without delay this fact to the Financial Office.

(4) The number of inhabitants of the village on 1 January of the year for which the management of the municipality is reviewed is crucial for determining the population of the municipality.

(5) In territorial subdivided statutory cities, it reviews the management of the urban district or of the urban part of the municipal district of that city. The Municipality shall review the management of the urban district or suburban area under its responsibility.

(6) The costs of examining the management of the municipality will be borne by the municipality from its budget. "

55. in Paragraph 45 (1):

"(1) If the municipality does not request a review of its management in accordance with § 42 until 31 January, the tax office may impose a fine of up to CZK 100 000 in administrative proceedings and ensure that the review of the management of the municipality is carried out by the auditor on the cargo of the compulsory municipality."

56. in Article 45 (2) and (3):

"(2) When deciding on the amount of the fine, the Financial Office shall take into account the nature, gravity and consequences of the negotiations referred to in paragraph 1 and the amount of the revenue and expenditure of the municipality's budget.

(3) The proceedings for the imposition of fines referred to in paragraph 1 may be initiated no later than 2 years from the date on which the municipality was required to request a review of its operation. ';

Paragraph 3 shall become paragraph 4.

57. in Paragraph 46 (1), the word 'his' shall be deleted;

58. In Paragraph 46 (2), the word "in particular 'shall be added after the word" implemented'.

59. In Paragraph 47, the following shall be added at the end of paragraph 2: "unless otherwise provided for by this law (Paragraph 51 (3)) '.

60. In Paragraph 49 (1), the word "theirs' is replaced by" its'.

61. in Paragraph 50 (1) (c), the words "civil engineering networks" are replaced by the words "technical equipment networks."

62. In Paragraph 51, paragraphs 4 and 5 are deleted.

63. In § 52, the introductory phrase is: "Citizens of municipalities which have been married to municipalities aged 18 are entitled '.

64. In Paragraph 52, point (c) is replaced by the following:

"(c) to comment either in writing or orally at the meeting of the institution of the association of municipalities on the draft budget and on the closing account of the association of municipalities for the previous calendar year."

(65) In Article 53 (1), the words "the competent district office" shall be deleted.

66. The heading of Section 54 reads: "Cooperation with legal and natural persons."

67. In Paragraph 55, the following paragraph 2 is inserted after paragraph 1:

"(2) Municipality may conclude mutual cooperation agreements with municipalities of other States."

Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.

68. The introductory part of Paragraph 55 (4) reads: "The contracts referred to in paragraphs 2 and 3 must be in writing and must be approved in advance by the municipality's representative, otherwise they shall not be valid. The contract must contain '.

69.Paragraph 55 (5) reads as follows:

"(5) The legal person may arise under the cooperation agreement referred to in paragraphs 2 and 3 only if the approved and declared international treaty by the Czech Republic so permits. '

70.Paragraph 55 (6) reads as follows:

"(6) 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 of Interior 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 Parliament, approved and declared by an international treaty binding on the Czech Republic."

71. In Part One, Title II, heading 5 reads: "Administrative offences."

72. Sections 56 and 57 are deleted.

Article 73 (58) reads:

„§ 58

(1) The municipality may impose a fine of up to CZK 10,000 to a legal person and a natural person who is an entrepreneur, and

(a) refuse to accept the free-of-charge attachment of a street or other public spaces to its real estate or to another sign in the vicinity of a sign;

(b) intentionally damage, remove or cover a sign of a street or other public area; or

(c) shall not indicate the building by numbers established by the municipal authority.

(2) The municipality may impose a fine of up to 100 000 CZK on the person referred to in paragraph 1 who does not maintain cleanliness and order on the land which it uses or owns, by interfering with the appearance of the village.

(3) The municipality may impose a fine of up to CZK 200 000 on the person referred to in paragraph 1 who pollutes the public area, distorts the environment in the village or puts the matter outside the reserved place.

(4) The municipality may impose a fine of up to CZK 200 000 on the person referred to in paragraph 1 who has violated the obligation laid down by the municipal law.

(5) In fixing the amount of the fine referred to in paragraphs 1 to 4, the municipality shall take account in particular of the nature, gravity, duration and consequences of the infringement. ';

74.

Citation	Act No. 313 / 2002 Coll., amending Act No. 128 / 2000 Coll., on Municipality (Municipal Establishment), as amended
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	12.07.2002
Effective from	01.01.2003
Effective until	-
Status	Valid

Act No. 313 / 2002 Coll.

Act amending Act No. 128 / 2000 Coll., on Municipality (Municipal Establishment), as amended

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