Act of the Czech National Council No. 367 / 1990 Coll.
Act of the Czech National Council on Municipality (municipal establishment)
Valid
Effective from 24.11.1990
Contents
HLAVA PRVNÍ
Oddíl první
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
Oddíl druhý
§ 10
§ 10a
§ 11
§ 12
HLAVA DRUHÁ
Oddíl první
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
Oddíl druhý
§ 20a
§ 20b
§ 20c
§ 20d
§ 20e
Oddíl třetí
§ 21
§ 22
§ 23
§ 24
Oddíl čtvrtý
§ 25
HLAVA TŘETÍ
Oddíl první
§ 26
Oddíl druhý
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 36a
§ 36b
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
Oddíl třetí
§ 44
§ 45
§ 46
§ 47
§ 48
§ 50
§ 51
§ 51a
Oddíl čtvrtý
§ 52
§ 53
§ 53a
§ 54
§ 55
Oddíl pátý
§ 56
§ 58
§ 59
§ 60
§ 61
§ 61a
HLAVA ČTVRTÁ
§ 62
§ 62a
§ 63
HLAVA PÁTÁ
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
Zobrazeno prvních 200 z celkem 475 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
367
THE LAW
Czech National Council
of 4 September 1990
on municipalities (municipal establishment)
The Czech National Council decided on this law:
CITIZENS, THEIR RURAL AND ZONES
Basic provisions on municipalities
(1) The municipalities (1) under this law are:
(a) territorial units which were municipalities at the date of entry into force of this Law;
(b) the municipalities which arise after the entry into force of this law.
(2) The territory of the municipality shall consist of one cadastral territory or a set of cadastral territories where the municipality is divided into parts having its own cadastral territory.
(3) The municipality may be divided into parts. Parts of municipalities have separate numbering houses.
(1) The city is a municipality in which the municipal national committee worked until the beginning of the Act.
(2) The town is also a municipality designated by the Bureau of the Czech National Council on a proposal from the Government of the Czech Republic (hereinafter referred to as "the Government") or on a proposal from the Municipality following the Government's observations.
(3) The city ceases to be a municipality if the Bureau of the Czech National Council so decides, either on a proposal from the Government or on a proposal from the Government.
(1) Statutory cities are cities: České Budějovice, Plzeň, Karlovy Vary, Ústí nad Labem, Liberec, Hradec Kralove, Pardubice, Brno, Zlín, Olomouc, Ostrava, Opava and Havířov.
(2) Statutory cities have the right to organise their internal governance arrangements by a generally binding decree, with the possibility that the territory of the Statutory City may be divided into urban districts or urban areas or, where appropriate, into parts of the City's territory, urban districts or urban areas (hereinafter referred to as the "territorial subdivided statutory city ').
(1) The municipality, as a legal person, is acting on its behalf in legal relations and is responsible for those relationships.
(2) The municipality has its own assets and financial resources; manage them separately under the conditions laid down by the Special Act.
Unless otherwise provided by special law, municipalities, their authorities and organisations may use the emblem and battalion of the municipality. Other bodies, organisations and establishments, legal and natural persons may do so only with the consent of the municipal council. If the municipality does not have a historical character and a battalion, it may be awarded a character and a battalion on its proposal by the Bureau of the Czech National Council.
Each part of the territory of the Czech Republic belongs to a municipality, unless the special law provides otherwise. (2) The territory of each municipality is part of a district.
(1) Citizens of the municipality are all persons who have a permanent residence in the municipality (3) or have been granted the honorary citizenship of the municipality.
(2) Citizens of the municipality aged 18 are entitled
(a) attend meetings of the municipal council and consult the minutes of its deliberations;
(b) submit written proposals to the authorities of the municipality.
(3) Everyone has the right to petition the authorities of the municipality.
The municipality may grant and withdraw the honorary citizenship of the municipality. The municipality can award awards to the municipality for significant works of art, science and other important works.
The municipality shall issue a certificate and draw up reports for the needs of natural and legal persons only if a generally binding rule so provides.
Merging and division of municipalities
(1) Two or more neighbouring municipalities may merge under the Agreement. The territory of the municipality after the merger consists of the territory of the merged municipalities.
(2) The merger of municipalities will be discussed with the District Office before the agreement is concluded. The name of the newly created village will be discussed in advance with the Ministry of Interior of the Czech Republic (hereinafter referred to as the "Ministry of Interior"). If the merged municipalities belong to several counties, the merger with the government will be discussed before the agreement is concluded. At the same time, the government will decide which district the merged municipality will belong to.
(3) An agreement on the merger of municipalities may be concluded on the basis of a decision of the Municipal Council, unless, within 30 days of the publication of this Decision, a proposal for a local referendum on the matter is submitted. 3a) If such a proposal is made, a decision of the local referendum held in the municipality in which the application for the merger of municipalities is made must be agreed in order to conclude the agreement.
(4) The merger agreement must include:
(a) the date on which the municipalities are merged;
(b) for the merging municipalities, the identification of their assets, funds, other rights and obligations, organisations and establishments of the municipality;
(c) where a new municipality, its name and registered office are established,
(d) the identification of generally binding decrees issued by the merged municipalities and remaining in force after the merging municipalities.
(5) The rights and obligations of the acquired municipality are transferred either to a newly created municipality or to a municipality which does not cease to exist when the municipality is merged, on the date on which the municipalities are merged.
(1) A new urban district or a new urban part in a city of statehood may be established on the basis of a decision of the City Council, provided that, within 30 days of the publication of this Decision, no application for a local referendum on the matter is made. Where such a proposal is made, a new urban district or a new urban part may be established on the basis of a decision of the local referendum held in the territory in which the establishment of a new urban district or a new urban part is proposed.
(2) The decision to establish a new urban district or a new urban area must include its name and the settlement of rights and obligations.
(1) The municipality may be divided into two or more municipalities if each of them has at least 300 residents, own a cadastral territory and form a single territorial unit. The division of the municipality is approved by the Ministry of the Interior on a proposal from the municipality. The proposal shall be submitted by the municipality on the basis of the results of a local referendum held in that part of the municipality which wishes to be separated. If the municipality does not submit a proposal within 30 days of the publication of the results of the local referendum, the district office shall do so.
(2) The proposal for the division of the municipality must include the names of the emerging municipalities, whether the division of the municipality ceases, the definition of the territory of the emerging municipalities, including the relevant map materials, the distribution of assets, including funds, other rights and obligations, the organisation and facilities of the municipality. The application shall be submitted by the municipality through the district office.
(3) The decision on the division of the municipality must include the elements set out in paragraph 2 for the application for division of the municipality.
(4) Within three months of the inaugural meeting of the municipal council of the newly created municipality, the existing municipality shall transfer to the newly created municipality the assets which belong to it according to a proposal approved by the Ministry of Interior. The transfer of the property shall be subject to written registration. Such assets, including financial claims and liabilities, shall be managed by the municipality concerned, which, however, cannot decide on its transfer, nor may it conclude a contract establishing a lien and a lease contract (3b) on such assets. In the newly created village there are generally binding regulations that were in force on its territory prior to its creation.
The merger and division of municipalities may only take place at the beginning of the calendar year. The proposal for the division of the municipality must be submitted to the Ministry of the Interior no later than 30 September of the calendar year.
SCOPE OF THE CIVIL
Separate scope
(1) The municipality manages its affairs separately (hereinafter referred to as "separate competence").
(2) In the exercise of its separate competence, the municipality shall be governed by laws and by generally binding legislation issued by the central authorities to implement them.
(1) The municipality's separate competence is, in particular:
(a) the approval of the urban district development programme and the carrying out of checks on its implementation;
(b) the management of the municipality's property;
(c) the provision and acceptance of gifts;
(d) drawing up the budget of the municipality, its management and accounting for the management of the municipality for the previous calendar year, 3c)
(e) setting up permanent or temporary funds, 3c)
(f) the establishment and establishment of legal persons and equipment and, where appropriate, their interference;
(g) decision on the participation of municipalities in companies and foundations, 3f)
(h) determining the types of local charges and their rates under a special law, 3d)
(i) the issue of generally binding decrees in matters falling within the separate scope;
(j) deciding on the announcement of a local referendum and the implementation of its results;
(k) the conclusion of agreements to change the boundaries of the municipality, 3e)
(l) the choice, establishment and establishment of the authorities of the municipality;
(m) decision-making on the membership of the municipality in a voluntary association of municipalities (§ 20a) and in associations of municipalities with an international element (§ 20e);
(n) tasks in the fields of education, social care, health and culture, with the exception of the exercise of public administration;
(o) local matters of public policy and the establishment of municipal (urban) police, with the exception of decisions on infringements;
(p) the administration, maintenance and operation of facilities to meet the needs of citizens, if they are the property of the municipality;
(r) the purity of the municipality, the removal of domestic waste and their safe disposal, water supply, drainage and treatment of waste water;
(s) the imposition of penalties under this law;
(t) the granting of the honorary citizenship of the municipality;
(u) the award of municipal prices.
(2) In addition, within its territorial area, the municipality provides economic, social and cultural development, protection and the creation of a healthy environment, with the exception of those activities which are entrusted by specific laws to other authorities as the exercise of public administration.
The municipalities in which the state authorities of the Czech Republic or the central authorities of the Czech and Slovak Federal Republic are located will ensure for these authorities a decent room corresponding to their importance.
General binding regulations
(1) In order to carry out its tasks, the municipality may issue generally binding regulations for its territorial area.
(2) General binding regulations must comply with the laws and general binding laws issued by central government authorities to implement them.
(3) General binding regulations must be published. The declaration shall be made by posting a general binding decree on the official plate of the municipal office for a period of 15 days, which is a condition of validity. The day of the publication of a general binding decree is the first day of its hanging on the official plate. In addition, a generally binding decree will be published in the usual manner in the municipality.
(4) A general binding decree shall take effect on the 15th day following the date of its publication, unless it provides for a later date of application. In exceptional cases where an urgent general interest so requires, a general binding decree may become valid and effective on the date of its publication. That fact must be stated.
(5) General binding regulations must be accessible to everyone at the municipal office in the municipality which issued them. A general binding decree which has become effective shall be sent by the municipal authority without delay to the competent district authority. 3g)
Restrictive measures to safeguard local public order issues
In order to ensure local public order matters [Paragraph 14 (1) (o)], a municipality may, by a generally binding decree issued under a separate jurisdiction, determine which activities which could distort public policy in a municipality may be carried out only at the places and at the time of the decree designated, or provide that in certain publicly accessible places in the municipality such activities are prohibited.
Urban management
(1) The property of the municipality is cases and property rights provided for by a special law. With this property, the municipality operates separately.
(2) The municipality may also manage the property of other legal or natural persons under a contract concluded in accordance with generally binding legislation.
The village builds its budget and manages according to it. It shall draw up the budget for the calendar year concerned and shall account for the results of its management within three months of the end of the calendar year.
(1) The municipality shall keep accounts on the state and movement of property, on revenue and expenditure and on financial relations with the State budget under specific legislation.
(2) The draft budget and the accounts for the previous calendar year must be published in an appropriate manner at least 15 days before the meeting in the municipal council, so that the citizens of the municipality can comment on it. Comments on the draft budget and the accounts for the previous year may be made by citizens either in writing within the prescribed time limit or orally at the meeting of the council.
(3) The municipality shall be subject to review by the competent district authority or by the auditor of the management of the municipality for the previous calendar year and shall submit the result of the examination to the municipal council together with the accounts for the previous calendar year.
Voluntary volumes of municipalities and other groups of municipalities
Voluntary bundles of municipalities
(1) Municipality may create voluntary volumes of municipalities ("volumes"). The status of the volumes, their formation and demise are governed by a special law. 3h)
(2) Only the powers of the municipality referred to in § 14 (1) (n), (p) and (r) may be the subject of the activity of the volume. The Union may set up legal persons to perform the tasks for which it has been created.
(3) The municipality may only transfer its assets, including funds, to the extent that it serves to carry out the activities it has transferred to the volume.
(4) The municipalities cannot form associations according to the rules on the association of citizens. 3i)
(1) The Union shall draw up its budget and manage it. The budget shall be drawn up for the calendar year concerned and shall be drawn up within three months of the end of the calendar year to account for the results of its management.
(2) The Union shall keep accounts of the state and movement of property, of its revenue and expenditure and of the financial relations with the budget of the municipalities which have created it.
(3) The draft budget and the accounts for the previous calendar year must be published in an appropriate manner at least 30 days before the meeting of the institution of the union, so that the citizens of the municipalities which created the union can comment on it. Comments on the draft budget and on the accounts for the previous year may be made by citizens in writing within a specified time limit or orally at the meeting of the institution of the union.
(4) The volume shall be examined by the competent district office or the auditor of the management of the volume for the previous calendar year and the result of the review shall be presented at the meeting of the institution of the volume together with the accounts for the previous calendar year.
Citizens of municipalities who have formed a union if they have reached the age of 18 are entitled to:
(a) attend meetings of the institution of the union and consult the minutes of its deliberations;
(b) submit written proposals to the institution in writing.
If the measure contravenes the law of the Union or its institution, the Government shall suspend its enforcement. If the volume or its body fails to remedy, the Government shall refer the matter to the Czech National Council within 30 days of the suspension.
Other groups of municipalities
Municipality and bundles may also cooperate with municipalities of other States and be members of international associations of local authorities. Municipality and bundles may be members of legal entities with an international element. 3j)
Transferred scope
(1) The municipality operates state administration to the extent provided for by specific laws (hereinafter referred to as "delegated powers").
(2) In the exercise of the delegation, the municipality shall be governed by the laws and other generally binding laws and within their limits by resolutions of the Government and by the directives of central government bodies.
(3) The Special Law provides for the method of reimbursement of costs incurred by municipalities in the context of the exercise of their delegation.
The Municipality of Transferred Jurisdiction shall exercise state administration to the extent that it was carried out by the local national committees or, where appropriate, by the municipal national committees of the third category, by the beginning of the effectiveness of this Act. In addition, the Municipality of Delegation performs tasks at individual sections of the State administration to the extent provided for by specific laws.
(1) If the municipality is not in a position to ensure the proper exercise of the delegation in accordance with § 22 or to conclude an agreement to ensure the exercise of the delegation by another municipality of the same district, the district office shall determine that that competence will be exercised by the entrusted municipal authority.
(2) As soon as the municipality is able to ensure the proper exercise of its delegation, the district office shall abolish its action under paragraph 1.
(1) On the basis of authorisation in the law and within its limits, the municipality may issue generally binding regulations in matters falling within the delegation.
(2) Paragraph 16 (2) to (5) shall apply to the issuing of general binding orders pursuant to paragraph 1.
(1) Territorial subdivisions of statutory cities shall adopt a general binding decree providing in particular:
(a) the number of individual urban districts or urban areas and the definition of their territory;
(b) the competence of the City Council, the City Council and its bodies, both in the separate area of responsibility and in the delegated section;
(c) the competence of district or local councils, district councils or local councils and their bodies entrusted by the town council to the urban districts or parts of the city on the separate and delegated area;
(d) interaction between the authorities of the city and the urban districts or urban areas and, in agreement with the Municipality, the relations between the Municipality and the authorities of the urban districts or urban areas;
(e) the property of the city entrusted to urban districts or urban areas and the authorisation of urban districts or urban areas in the management of such property;
(f) the conditions under which the entrusted property of the statutory city may be withdrawn from the urban districts or parts thereof;
(g) the scope of the authorisation of urban districts or urban areas to establish and establish or, where appropriate, disturb legal persons and establishments;
(h) the method of determining the proportion of urban districts or urban areas to the subsidy granted to the city for the reimbursement of costs incurred in carrying out tasks under separate and delegated responsibility;
(i) the way in which draft generally binding decrees are discussed with urban districts or urban parts and the way in which they are published in urban districts or urban areas.
(2) In a generally binding decree referred to in paragraph 1, it may be provided that:
(a) certain areas of competence belonging to a territorial subdivided statutory city under this law shall be carried out by urban districts or urban areas;
(b) a city district or a part of it shall carry out certain delegated tasks for another district or part of it, or for all or parts of it.
LOCAL REFERENCE AND CIVIL AUTHORITIES
Local referendum
The local referendum is governed by a special law.
Regional council
(1) The municipal council is composed of members of the council whose number for each term is determined by the municipal council in accordance with this law before the election is announced.
(2) The office of the municipal council shall be performed by:
(a) in the city of the City Council,
(b) in the city referred to in § 3 (1) of the town council,
(c) in the urban district or part of the territorial subdivided territorial town of the district or local council within the scope entrusted to it;
d) Prague City Council of the City of Prague,
(e) in the urban part of the capital of Prague, the district or local council within the scope entrusted to it.
(1) The number of members of the municipal council shall be determined by the competent representative within 85 days of the election date at the latest. It shall take account in particular of the number of inhabitants and the size and size of the territorial area. The number of members of the council shall be determined in such a way as to:
| obec, | |
| do 500 obyvatel | 5-9 členů zastupitelstva |
| nad 500 do 3000 obyvatel | 7-15 členů zastupitelstva |
| nad 3000 do 10000 obyvatel | 11-25 členů zastupitelstva |
| nad 10000 do 50000 obyvatel | 15-35 členů zastupitelstva |
| nad 50000 do 150000 obyvatel | 25-45 členů zastupitelstva |
| nad 150000 obyvatel | 35-55 členů zastupitelstva. |
(2) The number of members to be elected shall be notified by the representative in the usual manner within two days of its establishment.
(3) The population of the municipality is crucial on 1 January of the year in which the elections take place.
(4) If there is no council in the municipality or town, the number of members of the council for election purposes shall be determined by the district office. If there is no district or local council in the city district or in the urban part of a territorial subdivided statutory town, or if there is no district or local council in the city of the capital of Prague, the number of members of the council for the purposes of the elections shall be determined by the municipal council of the territorial subdivided statutory town or the municipality of the capital of Prague.
(5) Where the number of members of the representative has not been established within the time limit referred to in paragraph 1 or where it has been established in contravention of paragraph 1, the number of members of the representative shall be chosen according to the lower limit of the margin set out in paragraph 1.
(1) A member of the municipal council shall acquire the rights and obligations of a member of the municipal council by election. The municipal council shall verify the validity of the election at the first meeting of the member of the council.
(2) A member of the municipal council shall, at the first meeting of the municipal council, take part in the following oath after his election: "I pledge allegiance to the Czech Republic in my honour and conscience. I will heed the will and interests of the people, follow the constitutional and other laws of the Czech Republic and work to bring them into life."
(3) Refusal to make a promise or a promise, subject to reservation, results in a loss of mandate. The promise shall be lodged by a member of the municipal council in the hands of the chairman of the meeting of the municipal council. The composition of the promise shall be confirmed by the member of the municipal council by his signature.
(1) The term of office of a member of the municipal council expires on the date of expiry of the term of office. The term of office of members of the municipal council who are members of the municipal council shall end with the election of the new municipal council after the elections to the municipal councils.
(2) The conditions for the termination of the mandate of a member of the municipal council are laid down in a separate law.
(1) The performance of duties arising from the office of a member of the municipal council shall be deemed to be a public office.
Contents
HLAVA PRVNÍ
Oddíl první
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
Oddíl druhý
§ 10
§ 10a
§ 11
§ 12
HLAVA DRUHÁ
Oddíl první
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
Oddíl druhý
§ 20a
§ 20b
§ 20c
§ 20d
§ 20e
Oddíl třetí
§ 21
§ 22
§ 23
§ 24
Oddíl čtvrtý
§ 25
HLAVA TŘETÍ
Oddíl první
§ 26
Oddíl druhý
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 36a
§ 36b
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
Oddíl třetí
§ 44
§ 45
§ 46
§ 47
§ 48
§ 50
§ 51
§ 51a
Oddíl čtvrtý
§ 52
§ 53
§ 53a
§ 54
§ 55
Oddíl pátý
§ 56
§ 58
§ 59
§ 60
§ 61
§ 61a
HLAVA ČTVRTÁ
§ 62
§ 62a
§ 63
HLAVA PÁTÁ
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act of the Czech National Council No. 367 / 1990 Coll., on municipalities (municipal establishment) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.09.1990 |
|---|---|
| Effective from | 24.11.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0