Decree No. 384 / 2017 Coll.
Decree amending Decree No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts, as amended
Valid
Order
Effective from 01.01.2018
Text versions:
01.01.2018
23.11.2017
384
DECLARATION
of 14 November 2017
amending Decree No. 37 / 1992 of the Ministry of Justice Coll., on Rules of Procedure for District and Regional Courts, as amended
The Ministry of Justice sets out, pursuant to Article 113 (1) of Act No. 6 / 2002 Coll., on Judgments, Judgments, sitting and administration of courts and on the amendment of certain other laws (Act on Courts and Judgments), § 468 and 469 of Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended by Act No. 539 / 2004 Coll., under Section 374 (1) of Act No. 99 / 1963 Coll., Act No. 151 / 2002 Coll., pursuant to § 515 of Act No. 292 / 2013 Coll., Act No. 24 / 1993 Coll., Act No. 238 / 1995 Coll., Act No. 30 / 2000 Coll., and Act No. 151 / 2002 Coll., pursuant to § 515 of Act No. 292 / 2013 Coll., on Special Rules of Procedure, and under § 431 (d) of Act No. 182 / 2006 Coll.
Decree No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts, as amended by Decree No. 584 / 1992 Coll., Decree No. 194 / 1993 Coll., Order No. 246 / 1995 Coll., Order No. 278 / 1996 Coll., Order No. 234 / 1997 Coll., Order No. 482 / 2000 Coll., Order No. 104 / 2002 Coll., Order No. 268 / 2003 Coll., Order No. 202 / 2007 Coll., Order No. 315 / 2007 Coll., Decree No. 168 / 2009 Coll., Decree No. 457 / 2009 Coll., Decree No. 438 / 2011 and Decree No. 322 / 2013 Coll., are amended as follows:
1. In the title of Section 6, the words "judicial candidates," are deleted.
2. in Article 6 (1), (2), (3) and (6), the words "judicial candidates" shall be deleted;
3. In Article 6 (4), the words "and judicial candidates' are deleted.
4. In Article 6 (5), the words "or judicial candidates' are deleted.
5. After Paragraph 6, the following Sections 6a and 6b are inserted:
"Acts by judicial candidates
In civil proceedings and administrative proceedings, a judicial candidate may perform all acts of the Court of First Instance, except:
(a) conduct negotiations on the substance of the matter;
(b) the judgment in the case itself in the form of a judgment;
(c) ruling on the substance of the case in the form of resolutions in civil proceedings under the Code of Civil Procedure, the Rules of Procedure of the Administrative Court and the Law on special procedures of the courts other than those of the
1. hiding procedures;
2. instrument amortisation proceedings;
3. matters concerning the determination of paternity by a declaration of agreement;
4. Proceedings concerning the custody of minors and the custody of persons restricted to their own right or persons having jurisdiction, persons who are not known to be resident, unknown persons and persons whose health is causing them difficulties in managing property or defending rights in which no hearing has been ordered,
5. proceedings concerning public registers of legal and natural persons and the insolvency register in which no hearing has been ordered;
(d) decisions on interim measures;
(e) decision-making on the enforcement of decisions by the administration of immovable property, the sale of immovable property, the disability of a business establishment or the establishment of a judicial lien;
(f) the decision on the regulation of the enforcement of decisions by withholding wages, ordering claims or selling movable property in the proceedings in which the proceedings were ordered;
(g) the decision on the regulation of the enforcement of a decision or of the delegation of a judicial executor and the ordering of an execution to obtain cash performance, where the enforcement title is the executive record or notary record, including the decision to suspend the enforcement of a decision, if the application has not been lodged by a legitimate or judicial executor, or if an appeal has been lodged against the application;
(h) deciding to satisfy the rights of non-cash performance;
(i) decision-making on the regulation of the enforcement of decisions on the care of minors, with the exception of maintenance;
(j) certification of the European Enforcement Order;
(k) ruling on the suspensive effect of an action in administrative proceedings;
(l) cases where the act of special law is expressly entrusted to the judge,
(m) proceedings and decisions in insolvency proceedings
1. the provisions of the insolvency administrator;
2. Withdrawal of the insolvency administrator from office,
3. exemption from the function of insolvency administrator;
4. the annulment of the resolution of the creditors' meeting,
5. The provisions of the provisional creditor committee,
6. Decisions and measures taken in the execution of decisions or execution in breach of restrictions under the insolvency law;
7. a proposal for a regulation of an interim measure limiting the debtor's right to dispose of the property;
8. Proposal for a Moratorium,
9. That the debtor is bankrupt,
10. rejection of the insolvency proposal;
11. the abolition of bankruptcy,
12. declaration of bankruptcy and cancellation;
13. approval of the final report and the timetable resolution;
14. authorisation of the reorganisation, approval of the reorganisation plan and its amendments and conversion of the reorganisation into bankruptcy,
15. the approval of the debt relief and its amendments, the granting of an exemption from payment of debts included in the debt relief and the withdrawal of such an exemption and the cancellation of the debt relief;
16. closure of the debtor's business establishment,
17.
(n) processing of requests with a foreign country, outside the Slovak Republic.
A judicial candidate in criminal matters may carry out all acts of the Court of First Instance, except:
(a) the decision-making and conduct of the proceedings in the main proceedings, the public sitting, the private sitting and the detention session;
(b) the issuing of a criminal order, an arrest warrant, a withdrawal order, a search warrant, a search warrant for other premises and land, a personal search warrant, a wiretap order and a recording of the telecommunications equipment, a warrant for the detection of data on telecommunications traffic, a shipment order, a replacement order for the contents of the consignment,
(c) a decision to ensure that a case is relevant to criminal proceedings;
(d) decisions concerning international judicial cooperation in criminal matters;
(e) the granting of consent for the President of the Chamber to the law enforcement authorities for carrying out acts under the criminal rules;
(f) the acts of the Judge in preparation. ';
6. In Article 7 (1), the words "a judicial waiting party" are deleted.
7. In Article 7 (1), the words "or by a judicial practitioner in cases referred to in Article 6a and 6b 'shall be inserted after the words" in cases referred to in Article 6 (1) to (4)'.
Efficacy
This Decision shall enter into force on 1 January 2018.
Minister:
JUDr. Pelican, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 384 / 2017 Coll., amending Decree No. 37 / 1992 Coll., on Rules of Procedure for District and Regional Courts, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.11.2017 |
|---|---|
| Effective from | 01.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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