Act of the Czech National Council No. 39 / 1993 Coll.
Act of the Czech National Council on fines and coupons for non-compliance with laws governing the transformation of agricultural cooperatives and the correction of property injustices in the area of property relations with land and other agricultural property
Valid
Effective from 31.12.1992
39
THE LAW
Czech National Council
of 20 December 1992
on fines and bonds for non-compliance with the laws governing the transformation of agricultural cooperatives and the correction of property injustices in the area of property relations with land and other agricultural assets
The Czech National Council decided on this law:
This Act regulates fines and bail for infringement of the provisions of Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended by Act No. 93 / 1992 Coll., as amended by Act No. 243 / 1992 Coll., which regulates certain issues relating to Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended by Act No. 93 / 1992 Coll., as amended.
(1) In accordance with that law, natural persons who acted or were required to act as a obliged person shall be responsible for the infringement of the provisions of the laws referred to in Article 1 by the obliged persons (1) or by legal persons established under the special legislation2) and, if acting on an order, natural persons who gave the order for action. Accidental negligence is sufficient to be held accountable.
(2) The provisions of the laws referred to in Article 1 are infringed in particular by those who:
(a) real estate or other agricultural property subject to the legislation governing property relations with land and other agricultural property, its components or accessories, is unlawfully transferred to another, 3)
(b) prevent, or without legal reason, the issue of real estate to an authorised person who has been transferred to a State or another legal person by decision of a judicial or administrative authority or other legal act or legal basis as a result of property injustices against owners of agricultural and forestry assets between 1948 and 1989,3)
(c) prevent or delay the granting of compensation for land, residential buildings, economic buildings and other buildings for no legal reason;
(d) precludes the granting of compensation for a live and dead inventory and the stocks that the original owner has brought into or withdrawn from the agricultural cooperative during the period from 25 February 1948 to 1 January 1990,3) or delays the granting of such compensation without legal justification;
(e) cause damage to the beneficiary in the issue of the property and the provision of an alternate 3) and in the settlement of the holdings of members of the agricultural cooperative and other beneficiaries in the property of the agricultural cooperative, 4)
(f) it does not safeguard the requirements of the transformation project laid down in the specific regulation.4)
(3) The natural person referred to in paragraph 1 shall be fined by the municipal authority of the municipality with an extended scope of up to 25 000 Kčs. On the reimposition of the fine to the same natural person, the municipal authority of the municipality with extended scope shall impose a fine of between 5000 and 50 000 Kčs.
(4) The fine may be imposed within a period of one year from the date on which the municipal authority of the municipality became aware of the infringement of the provisions of the laws referred to in Paragraph 1, but no later than three years from the date on which the infringement occurred.
(1) On the basis of a proposal from an authorised person whose authorised claims under the special rules have not been settled by a compulsory or legal person established under a special law on the date of application of that law, the municipal authority of a municipality with extended scope may impose an obligation on a obliged person or legal person established under a special law to deposit bail equal to the sum of all authorised claims under the special rules which the obliged person or legal person has not yet dealt with under the special law.
(2) On a proposal from an authorised person who has not been issued an interest in property within the prescribed time limit without legal justification, the municipal authority of the municipality may impose an obligation on a cooperative or legal person established under a special law to deposit bail equal to the amount of the interest of the beneficiary not settled within the prescribed period.
(3) The deposit referred to in paragraph 1 or 2 shall be lodged by a obliged person, cooperative and legal person established under a special law on behalf of the State Land Office within 30 days of the date of the decision of the municipal office of the municipality with extended scope, in cash.
(4) The State Land Office shall, within 30 days of the date on which it becomes aware that the legitimate claims under the special rules have been settled or that the property share has been issued, return to the obliged person or cooperative and to the legal person established under a special law bail pursuant to paragraph 1 or 2 or the relevant part thereof.
(5) If the State Property Office is unable to repay the bail referred to in paragraph 1 or 2 or part thereof to a obliged person, legal person, entity or body established under a special law or cooperative (hereinafter referred to as the "bail-maker ') on the grounds that the bail-maker has ceased to exist without a legal successor or the deposit-holder has failed to be established within 2 years of the date of entry into force of this provision, the bail-in referred to in paragraph 1 or 2 shall become the revenue of the State budget.
The scope laid down by the municipal authority of the municipality with extended competence under this Act is the exercise of the delegation.
(1) The procedure for imposing a fine or obligation to deposit bail shall be followed in accordance with the general rules on administrative procedures.
(2) An appeal against a decision imposing a fine or obligation to deposit a deposit does not have suspensory effect. 5)
(3) The proceeds of fines are the income of the municipality.
Act No. 229 / 1991 Coll., on the treatment of property relations with land and other agricultural property, as amended by Act No. 93 / 1992 Coll., is amended as follows:
1. In Paragraph 13 (1), the first sentence is: "The right to issue the property referred to in Article 6 may be exercised by the beneficiary until 31 January 1993."
2. In Paragraph 13 (1), the following sentence is inserted after the first sentence: "Compensation for dead and living inventory under Paragraph 20 may be applied by the beneficiary until 31 March 1993."
This Act shall take effect on the day of its publication.
Uhde v. r.
Klaus v. r.
1) Article 5 of Act No. 229 / 1991 Coll., on the modification of property relations with land and other agricultural property, as amended. § 4 of Act No. 243 / 1992 Coll., which regulates certain issues related to Act No. 229 / 1991 Coll., on the modification of property relations with land and other agricultural property, as amended by Act No. 93 / 1992 Coll.
2) Act No. 42 / 1992 Coll., on the treatment of property relationships and settlement of property rights in cooperatives, as amended.
3) Act No. 229 / 1991 Coll.
4) Act No. 42 / 1992 Coll.
5) Paragraph 55 (1) of Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulation).
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act of the Czech National Council No. 39 / 1993 Coll., on fines and bonds for non-compliance with laws governing the transformation of agricultural cooperatives and the correction of property injustices in the area of property relations with land and other agricultural property |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1992 |
|---|---|
| Effective from | 31.12.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0