Decree of the Ministry of Interior No. 362 / 2002 Coll.
Ordinance of the Ministry of the Interior on procedures for carrying out file separation in connection with the termination of the activities of district offices and on the formalities for file registration in carrying out file separation
Valid
Order
Effective from 15.08.2002
Text versions:
15.08.2002
362
DECLARATION
Ministry of Interior
of 30 July 2002
on the procedures for carrying out the file separation in connection with the termination of the activities of the county authorities and on the formalities for the file registration in carrying out the file separation
According to Article CXVIII, point 9 of Act No. 320 / 2002 Coll., on the amendment and abolition of certain laws in connection with the termination of the activities of the district authorities provides for:
This Decree lays down the procedures for carrying out the file separation in the context of the termination of the activities of the district offices and the requirements of the file registration in the context of the file separation of agendas, which have been carried out by the authorities of the local authorities and the authorities of the State (hereinafter referred to as the "acquiring authorities') since 1 January 2003.
For the purposes of this decree:
(a) written, pictorial, sound or other records, in the form of analogue or digital records, which have been delivered to, or in connection with, the district office, have been produced by, or in connection with, its activities and which are subject to shredding proceedings, 1)
(b) a file of documents resulting from official proceedings in the same case;
(c) the filing facilities of the District Office for the deposit of completed documents in their classification in the shredding procedure.
(1) Before discontinuing its activities, the district authorities:
(a) the documents whose shredding periods have expired on 31 December 2001 shall be included in the shredding procedure which shall be carried out by 30 November 2002;
(b) the documents whose shredding periods expire on 31 December 2002 shall be included in the shredder's application.
(2) If there is a document whose shredding periods do not expire on 31 December 2002, the district authorities shall:
(a) deposit all documents relating to final administrative proceedings in the Registry, unless otherwise specified;
(b) make inventories of all documents relating to administrative proceedings which have not been completed and prepare them for the protocol transmission to the acquiring authorities;
(c) draw up lists of documents deposited in the Registry and prepare such documents for a protocol transmission to the municipal authorities of the municipalities with extended scope laid down by special law (hereinafter referred to as "the municipal authorities").
(3) The inventories referred to in points (b) and (c) of paragraph 2 are part of the transfer protocol and contain an indication of the subject matter of the documents, their time scale and quantities.
(4) Following the signature of the transfer protocols by the transmitting and receiving parties, a copy of the transfer protocol shall also be obtained from the transferring Party by the territorial competent State district archive.
(5) The head of the district office or his representative shall sign his signature under the last entry in the journal or if more than one is kept in the district office, hereinafter referred to as "the district office's mail log ', on 31 December 2002, the mail log of the district office shall be closed.
(1) The acquiring authorities shall be referred to:
(a) documents relating to final administrative proceedings,
(b) documents for which there is no record of processing and storage in the logbook;
(c) documents, including closed documents or documents relating to final administrative proceedings, which are necessary for the exercise of their duties and documents for which the obligation to impose on the receiving authority is laid down in a special law, 3)
(d) documents relating to the State's assets and liabilities to be dealt with under a special law, 4)
(e) personal files of employees of the Czech Republic who are assigned to work in the district offices (hereinafter referred to as the "employee of the district office"), where the rights and obligations arising from employment relations or the exercise of those rights and obligations on those authorities will be transferred to the acquiring employer, 5)
(f) documents relating to the rights and obligations of employees of the county authorities in employment relations and those of the Czech Republic vis-à-vis the employees of the county authorities in respect of which the rights and obligations of employment relations and the exercise of those rights and obligations shall not be transferred to those authorities;
(g) documents relating to final administrative proceedings concerning welfare benefits and State social aid benefits.
(2) The documents referred to in paragraph 1 for which the shredding period has not expired shall be submitted to the care of the designated municipal authorities.
(3) Where a document is to be transmitted pursuant to paragraph 1 (d) and is at the same time a document to be transmitted to the receiving authority pursuant to paragraph 1 (a) or (b) or (c) or to paragraph 2, the district office shall obtain a certified copy of that document and, in accordance with paragraph 1 (d), only that certified copy shall be transmitted to the receiving authority.
(1) The accepting authority shall take over the documents of the district office referred to in § 3 (2) (b) by a protocol. In the delivery log of the district office, the name of the receiving authority and the date of transmission shall be entered in the column "Record of execution '.
(2) The supporting journal of the district office shall be submitted to the care of the designated municipal office after the completion of the file separation.
(3) The accepting authority shall stamp the documents taken over referred to in paragraph 1 and enter them in its logbook. It shall state the name of the transferring district office and the date of receipt of the files in the submission log of the district office.
(4) Where the file separation is the subject of a non-circulated document, the registration obligation shall be fulfilled by writing the transfer protocol.
(5) Documents of permanent value, (6) which will be transmitted to the receiving authority and not be part of the new files, will be forwarded to the relevant county archives for deposit after the time limits for shredding and assessment in the shredding proceedings.
The designated municipal authorities shall take care of the Registry Office in accordance with the Special Act (7) until the end of the time limit for the shredding of all documents stored therein and shall process the proposals for their elimination (shredding).
The file separation of documents containing classified facts and the transmission of documents relating to the transfer of jurisdiction to manage the property of the State and to carry out tasks relating to the obligations of the State and to the transfer of the exercise of the rights and obligations of the employees of the county authorities to the Office for the Representation of the State in matters of property shall be carried out in accordance with specific legislation. 8), 9)
This decree shall take effect on the day of its publication.
Minister:
Mgr. Gross v. r.
1) Article 3 of Decree No. 117 / 1974 Coll., laying down criteria for the assessment of documents as archives and details of the shredding procedure.
2) Article 2 of Act No 314 / 2002 Coll., on the establishment of municipalities with a municipal authority and the establishment of municipalities with extended scope.
3) For example § 23 of Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the amendment of certain related laws.
4) CXVII points 11, 12, 14 and 15 of Act No. 320 / 2002 Coll., amending and repealing certain laws in connection with the closure of the activities of the district authorities.
5) Paragraph 249 (2) of the Labour Code.
6) Article 2 of Act No. 97 / 1974 Coll., on archiving, as amended by Act No. 343 / 1992 Coll.
7) Article 6 of Act No. 97 / 1974 Coll.
8) Paragraph 31 of Decree No. 244 / 1998 Coll., on details of the determination and designation of the classification level and procedures for the creation, registration, transfer, transport, lending, storage, other handling and shredding of classified documents.
9) Articles 29 and 30 of Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property.
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Regulation Information
| Citation | Decree of the Ministry of the Interior No. 362 / 2002 Coll., on the procedures for carrying out the file separation in connection with the termination of the activities of the district offices and on the requirements of the file registration in carrying out the file separation |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.08.2002 |
|---|---|
| Effective from | 15.08.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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