Decree of the Ministry of Justice No. 418 / 2001 Coll.
Decree of the Ministry of Justice on procedures for execution and other activities
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Order
Effective from 28.11.2001
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418
DECLARATION
Ministry of Justice
of 19 November 2001
on procedures for execution and other activities
According to § 131 (e) of Act No. 120 / 2001 Coll., on judicial executors and enforcement activities (execution order) and amending other laws, hereinafter referred to as "the Act":
GENERAL PROVISIONS
INTRODUCTORY PROVISIONS
Implementation of operations
(1) The actions which are the subject of execution and other activities are carried out by a judicial executor ("the executor"). Under the conditions laid down by law, such acts may also be carried out by an executive candidate ("candidate ') and an executive associate. The executor may, under the conditions laid down by law, carry out the actions carried out by the executor in the execution of the judgment under the civil Code. Other employees may be entrusted by the executor to perform simple tasks which are the subject of execution or other activities.
(2) The actions are carried out according to the circumstances of the case at a time when the result is likely to be obtained. Such operations may be carried out beyond normal working hours and on working days.
(3) If the operation is to be carried out in a military object or in an armed corps or intelligence service, the executor shall require the permission of the relevant master or director in advance.
(4) The action to be taken in the buildings and rooms of persons enjoying diplomatic privileges and immunities may be carried out only if international law so permits. The executor must inform the Ministry of Justice and the Ministry of Foreign Affairs in due time about the execution of the operation and ask them to send a representative to such an operation.
(5) The executor is entitled to take the measures necessary to maintain order and to exercise execution without interruption. If, in carrying out the execution, an appeal against the executor or any other situation which makes it impossible to carry out an action impossible, the further execution shall be waived and a record of that action shall be recorded in the file; the executor determines the new date and place of execution. If the conditions laid down in a separate legislation are met, (1) the executor may request the competent police authority to provide protection.
Protocol
(1) A record shall be drawn up by the executor of each act carried out in the framework of the execution activity. Where an act has been taken in writing and the instrument in which the act is recorded is incorporated, the record shall not be drawn up.
(2) The Protocol shall state:
(a) the designation of the Executive Office and the file mark;
(b) an indication of the creditor and the debtor,
(c) the place, time and subject matter of the operation;
(d) the names and surnames of the employees of the executor who took part in the operation, the names and surnames of the participants present and their representatives, and the names and surnames of other persons present in the operation, if possible, as to their identity;
(e) a brief description of the course of the operation, in particular the content of the proposals made.
(3) The report shall be drawn up immediately after the end of the operation, preferably at the place of the operation. The protocol shall be signed by the executor, the participants present, their representatives present and those who confirm receipt of the money or other items and persons brought to the action. The Protocol shall also be signed by those whose declarations must be made in the Protocol.
(4) If the participant or his representative is present, before the signature of the Protocol, this shall be noted in the Protocol. If one of those who should sign the Protocol refuses to sign, this shall be noted in the Protocol, stating the reasons for which they have been communicated.
(5) Exceptionally, the Protocol may be drawn up retrospectively in accordance with the notes made during the operation. Such a protocol shall be signed by the executor himself and shall state in the protocol the reason why it was drawn up retrospectively. This cannot be done by means of the Protocol if the receipt of money or other items is to be certified, or if the Protocol is to be signed by a person who has been taken to act or whose declaration must be stated in the Protocol.
(1) In carrying out the execution of the execution of the execution order, the participants, as well as other persons concerned by the execution, shall be informed of their procedural rights and obligations.
(2) The executor shall make a statement that the execution clause has been entered in the register of the execution initiated or that the order for suspension of execution and suspension of execution, the execution order and the order for reimbursement of the execution costs have become final and shall deliver them.
(1) In the request for cooperation with the financial institution, the executor shall state that he requires the following information on the debtor's assets:
(a) account numbers or other unique identifiers and their kind;
(b) book numbers or other unique identifiers,
(c) current balances on accounts and holding books;
(d) information on the management of previous executions or other restrictions;
(e) changes in accounts for the last 90 days from the date of receipt of the request in the form of an account statement;
(f) information on other assets administered by the monetary institution to the debtor or kept for the debtor or for the debtor with the money institution.
(2) In the request for synergies with the financial institution, the executor shall state that he requires the following information on the debtor's assets:
(a) account number or other unique identifier, its type, current account balance;
(b) details of the issuer of the security, other identification data relating to securities, number of securities,
(c) the number of the supplementary insurance contract or supplementary pension savings contract, the additional pension benefit or supplementary pension savings allowance;
(d) information relating to the performance of the insurance contract;
(e) data on cryptoassets and means of access to cryptoassets;
(f) information on the management of previous executions or other restrictions;
(g) details of other claims due to a financial institution or, where appropriate, other information needed to conduct the execution.
(3) The format and structure of the data file containing the request for interaction with the money institution and the data file containing the monetary institution's reply are set out in Annex 1 to this decree. The format and structure of the data file containing the request for synergies with the financial institution and the data file containing the financial institution's reply are set out in Annex 3 to this decree.
(4) If the debtor has a safety deposit box with the money institution, the monetary institution shall indicate in the reply instead of the data referred to in paragraph 1 (f) the identification of the safety deposit box and its location.
(5) The provisions of paragraphs 1 to 4 shall apply mutatis mutandis to the finding of information on the property of the spouse.
(1) The application form of the executor for cooperation pursuant to Article 34 (4) of the Act contains:
(a) the designation of the executor, indicating his registered office and other particulars;
(b) the designation of the person requested by the executor to cooperate;
(c) an indication of the creditor and the debtor;
(d) the designation of the enforceable title and the authority which issued it or the person who prepared it;
(e) the description of the execution procedure by the file mark under which it is kept and the indication of the mandate of the executor;
(f) the information required by Article 33 (5) of the law;
(g) data other than those referred to in point (f) necessary for the execution and justification of the need for the provision of such data;
(h) information relating to the execution procedure;
(i) date and signature.
(2) The reply form to the application by the Executive Director for synergies referred to in paragraph 1 shall contain:
(a) the designation of the person giving the executor synergies;
(b) the designation of the executor, indicating his registered office;
(c) the compulsory designation,
(d) the designation of the enforcement procedure by the file mark under which it is kept;
(e) the information required by Article 33 (5) of the Act,
(f) particulars other than those referred to in point (e) necessary for execution;
(g) date and signature.
(3) The format and structure of the data file containing the forms referred to in paragraphs 1 and 2 are set out in Annex 2 to this Regulation. The model of the forms referred to in paragraphs 1 and 2 shall be as set out in Annex 8 to this Order.
(1) The format and structure of the data file, which is an annex to the execution order and an annex to the notification that the conditions laid down in Article 52 (3) of the Act have been met, if the execution is carried out by collisions from other income paid by the Labour Office of the Czech Republic or the Czech Social Security Administration and the data file to which the Labour Office of the Czech Republic or the Czech Social Security Administration communicate to the executor the order of recovery, are set out in Annex 4 to this decree.
(2) The format and structure of the data file, which is annexed to the execution order, an annex to the notification that the conditions laid down in Article 52 (3) of the Act have been met, or an annex to the resolution amending or repealing the execution order, if the execution is carried out by deductions from wages and other income paid by a salary payer or another income payer, and the data file by which a qualified wage payer or another income payer communicates to the executor the order of recovery, are set out in Annex 2 to that decree, unless otherwise specified in paragraph 1.
(3) The format and structure of the data file, which is annexed to the execution order, an annex to the notification that the conditions laid down in Article 52 (3) of the Act have been met, or an annex to the resolution amending or repealing the execution order, if the execution is by ordering a debt receivable from an account with a money institution, and the data file to which the cash institution communicates to the executor the order of the recovery claim, are set out in Annex 5 to that decree.
(4) The format and structure of the data file, which is annexed to the execution order, an annex to the notification that the conditions laid down in Article 52 (3) of the Act have been met, or an annex to the resolution amending or revoking the execution order, if the execution is by ordering a claim other than from an account with a money institution and if it is a debtor of the debtor of the debtor financial institution, and the data file by which the financial institution communicates to the executor the order of recovery, are set out in Annex 3 to this Regulation.
(1) The notification of the start of execution, execution order or execution order shall be drawn up by the executor using the models set out in Annex 7 to this Order.
(2) Where a specific execution procedure so requires, the executor may draw up a document by way of derogation from the models set out in Annex 7 to this Order.
Recovery costs and eligible costs
(1) In the execution order, the executor shall indicate the method of execution intended for execution imposing the payment of the cash amount by which the execution costs and the authorised costs will be recovered, where applicable, on the basis of the execution order.
(2) Where the execution order indicates the likely execution costs and the likely execution costs of the creditor, or where appropriate the obligation to pay the costs of the payer's salary is imposed, the executor shall issue an order to pay the execution costs immediately after the execution or recovery of the obligation imposed in the execution proceedings, with the exception of the execution costs and, where applicable, the costs of the payee's salary. The executor shall inform the parties of this fact in the enforcement order in which he indicated these likely costs.
(3) Where the execution costs or the costs authorised after the order referred to in paragraph 1 are increased or additional costs are incurred, the executor shall issue a further execution cost order.
(4) The form contains certificates of personal, property and earnings ratios pursuant to Article 55 (10) of the Act,
(a) where it is authorised by a natural person, in particular:
1. the identification of the enforcement proceedings by the file mark under which it is kept,
2. an indication of the creditor and an indication of his personal circumstances,
3. an indication of the family status of the creditor,
4. an indication of the beneficiary's income,
5. Indication of the property of the creditor,
6. the indication of the spouse, partner or partner of the creditor, the details of his or her income and property,
7. an indication of the eligible debts and expenditure,
8. Other information which might have an impact on the relief from the deposit on the costs of execution,
9. Date and signature,
(b) where the legal person is entitled, in particular:
1. the identification of the enforcement proceedings by the file mark under which it is kept,
2. the authorised designation,
3. an indication of the property ratios of the creditor;
4. Reason for lodging an application for exemption from the deposit for further execution,
date 5 and signature.
The special account contract referred to in Article 46 (5) and Article 75 (2) of the Act must also include an arrangement that the authorisation to dispose of funds in that account is also provided for by the representative of the executor during the period of representation and by the executor appointed to the executive office whose execution has ceased to exist to the executor who has concluded a special account contract.
CORRECTION
(1) Pursuant to Article 76 (1) of the Act, the Court of First Instance may entrust the service of a document only to the executor appointed to the district court in which the service is to be effected or to the executor who has his registered office in the municipality in which the service is to be effected.
(2) If the document of the court referred to in paragraph 1 is to be served within the perimeter of another district court, the executor shall, at the request of the competent court, instruct the court within whose jurisdiction the service is to be effected. A document to be served shall be sent to the requested court together with the request.
(3) The documents of the court referred to in paragraphs 1 and 2 may only be served by the court executor himself (personally or through his staff).
Service of documents by the executor
(1) The notification that the enforcement clause has been entered in the register of the execution initiated and that the enforcement order has acquired legal power is served on persons who, according to the chosen method of execution, receive notification of the order of enforcement under the Civil Code.
(2) The execution order is served on the creditor and the debtor. Upon the acquisition of legal power, the execution order shall be served on the persons referred to in paragraph 1.
(3) The notification that the order for suspension of execution or suspension of execution has acquired legal authority shall be served by the executor to those who receive notification of suspension or termination of enforcement under the civil order.
Common provisions on service
(1) Service shall be effected in accordance with the Civil Code and the Order on Rules of Procedure for District and Regional Courts (2). Where service is carried out by the executor, it shall have the same rights and obligations as that legislation grants and imposes on the court or the service provider; The same applies where delivery is made through the postal operator or another person carrying out the shipment of consignments. Paragraph 48 (4) of the Civil Code applies mutatis mutandis to the documents of the executor.
(2) Where the executor uses it to service the document of the postal operator or of another person carrying out the shipment of consignments, he shall be liable for the service as if he had carried it out himself (personally or through his staff).
EXECUTORY PROCEDURE IN EXECUTIVE AND OTHER ACTIVITIES
(1) Where the executor submits a case to an enforcement, appeal or appeal court, he shall submit a report and a file summary at the same time as the enforcement file.
(2) The models of the reference reports for bringing cases before the court are set out in Annex 6 to this order. Where a case is referred to the court in respect of which the model of the reference report is not adapted in Annex 6 to that order, the models set out in Annex 6 to that order shall apply mutatis mutandis.
(3) If the executor, after transmission of the court file in the enforcement proceedings, takes further action, he shall inform the court or tribunal of that action or, where appropriate, send it a copy of the decision.
(1) The electronic file shall be submitted to the court with the files referred to in Section 10c (1) and a submission message in one directory which may be compressed into zip or rare format.
(2) The electronic file of the executor shall be submitted electronically by electronic application.
(3) If it is not technically possible to submit the electronic file in accordance with paragraph 2, the executor shall submit the electronic file
(a) through the public data network to the data box; the data message sent shall show that it is an electronic file, or
(b) on a fixed data medium.
(4) Each document shall be stored in a separate file in a permissible data format. The permissible data format is the permissible format of the data message delivered to the data box according to the regulation governing the use and operation of the data box information system nek4) or the proprietary format of documents created by office applications.
(5) The outgoing documents of the executor or his authorised staff member shall be accompanied by a qualified electronic signature. Authorised conversion shall be carried out for incoming documents which are relevant to the execution, in particular in court decisions, appeals, procedural submissions of participants and full powers.
(6) The file name in the directory is identical to the document name in the file overview and contains the reference number (serial number of the act).
(7) The name of the delivery file contains the name of the addressee next to the document name.
(1) A file with a file is presented in the electronic folder. This file shall include the executor's file number, the court's file number under which the court responsible has mandated the executor to carry out the execution, the title of the authorised, compulsory and enforceable title, and, where applicable, the link with another file, the indication of the order number of the related custody and other data at the discretion of the executor; If the execution title imposes cash transactions, the amount of such transactions shall be indicated. If the subject matter of the enforcement is concerned, a file containing a financial summary shall be presented in the directory.
(2) Executioner presents electronic execution file
(a) with a file summary containing the reference numbers (serial numbers of the action), the exact names of the documents and the references to all files with individual outgoing or incoming documents (Sections 10b (4) and (5)); or
(b) a file overview which allows for a direct transition to individual documents and delivery files (interactive file overview); direct migration means clicking on the document name in the file overview.
(3) File overview and individual files are chronological.
The provisions of Sections 10b and 10c shall apply mutatis mutandis to the submission of paper files to the courts and to the files of the Executive Chamber of the Czech Republic, the Ministry of Justice and the Presidents of the District Courts (hereinafter referred to as the Supervisory Body), unless the Executive Director agrees otherwise with the Supervisory Body.
(1) The decision of the appellate court shall be accompanied by an executive clause.
(2) If the executor keeps an electronic file, he shall keep the original of the decision of the appeal or appeal court, the record of the vote in a sealed envelope or, where appropriate, other documents referred to by the appeal or appeal court in the supporting document. In the electronic file, the executor makes a reference to such an auxiliary paper file.
Unless otherwise provided for by the law or by this decree, the provisions of part nine of the second to fifth Rules of Procedure for the County and Regional Courts shall apply mutatis mutandis to the execution of the individual execution arrangements.
Execution for cash performance
If it asks for this in the execution of the execution by deduction from wages and other income of the payer, entitled or compulsory, and if the execution is not carried out for the benefit of more than one beneficiary, the executor shall determine the amount to be withheld in the relevant pay-out period.
Where a court or executor authorises the execution of an account claim with a money institution to postpone the execution and the cash institution is served with an order authorising the execution before the execution, the monetary institution shall not execute the execution until it has been notified by the executor that the deferral has been cancelled or, in the event that the court or executor has authorised the suspension of execution pursuant to Article 54 (3) of the Act, that the period of suspension has expired.
(1) The audio-visual recording to be taken on the tour of the apartment and other rooms shall contain the date and time at which the recording takes place. All operations occurring during the tour of the apartment and other rooms shall be recorded.
(2) Gold in a form other than the world's marketable alloys, other precious metals and precious stones is estimated by the expert. The executor then sells them at auction as other movable items.
The auction of execution by the sale of real estate and the sale of a business establishment may be conducted only by the executor or candidate; the individual acts of non-decision-making conduct may be carried out by another executive staff under the authority of the executor; it follows the instructions of the executor or candidate.
Auction of real estate carried out electronically
(1) If the executor decides to auction electronically, the auction is not to be ordered. Immediately before the start of the electronic auction at the website on which the auction will take place, the executor shall publish a decision as to whether the right to pre-purchase or the reservation to buy back is established and the notifications which are binding on other material burdens, exchanges and rentals, coupons or pre-purchase rights not covered by the auction order on real estate. It shall also indicate whether it has been established that an action has been brought to exclude the real estate sold from execution.
(2) The identity of the auctioneer and other auction participants can be verified by applying for participation in the auction, signed by:
(a) before the executor or his staff, after proof of identity by a valid official card,
(b) an officially certified signature,
(c) a recognised electronic signature; or
(d) through a qualified electronic identification system under the Electronic Identification Act (5).
(3) Each auctioneer shall be marked externally with an identifier from which his identity cannot be ascertained.
(4) The auction takes place when the auctioneers make submissions. The executor does not call on the auctioneer to make higher submissions, and does not notice the auctioneer that he will issue a trench.
(5) If a submission is made in the last five minutes before the time of termination of the auction, the closing time of the auction shall be postponed by five minutes after the last submission. If a higher filing is made within this period, the auction closing time shall be postponed by five minutes. If five minutes have elapsed since the last submission, without a higher submission being made, the electronic auction shall be terminated.
(6) Immediately after the auction, the executor will grant the bill to the auctioneer who made the highest submissions.
(7) An alert shall be issued on the auction carried out indicating:
(a) the information referred to in Article 2 (2) (a) to (c);
(b) the brief content of the operations and decisions referred to in paragraph 1;
(c) the list of individual auctioneers with the associated identifier referred to in paragraph 3;
(d) an overview of the pledges made, indicating the amount, time and person making the pledges;
(e) details of the facts referred to in paragraph 6.
Auction of movable goods carried out electronically
Paragraph 16a shall apply mutatis mutandis to the auction of movable goods carried out electronically.
Execution to recover non-monetary benefits
The fines imposed on the execution of the work or performance pursuant to Article 351 of the Civil Code shall be for the State and the debtor shall always be obliged to pay the fines on behalf of the Enforcement Court; He must be instructed by the executor.
Voluntary auction
(1) Auction in the course of the auction of a movable or immovable item on the basis of a proposal from the owner or person entitled to dispose of the item shall be subject to the provisions of Sections 16 and 16a.
(2) The auction proceeds shall be paid to the appellant.
EFFECTIVE
This decree shall take effect on the day of its publication.
Minister:
JUDr. Bures v. r.
Příloha č. 1
Annex No 1 to Decree No 418 / 2001 Coll.
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Regulation Information
| Citation | Decree of the Ministry of Justice No. 418 / 2001 Coll., on procedures in execution and other activities |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.11.2001 |
|---|---|
| Effective from | 28.11.2001 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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