Act of the Czech National Council No. 425 / 1990 Coll.
Act of the Czech National Council on District Offices, the modification of their responsibilities and certain other measures related thereto
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Effective from 24.11.1990
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425
THE LAW
Czech National Council
of 9 October 1990
on the district offices, the adjustment of their responsibilities and certain other measures relating thereto
The Czech National Council decided on this law:
BASIC PROVISIONS
Regional authorities are established in the counties. In the districts of Brno, Ostrava and Plzeň, the district authorities do not establish 1)
The county authorities are the administrative offices which perform the administration in their territorial districts. The law can entrust them with the performance of government in other territorial districts.
(1) Under the authority of the Law and within its limits, the County authorities may legislate for their territorial districts; (1a) such legislation shall be referred to as the "Order of the District Office."
(2) The order of the District Office must comply with the laws and other legislation issued by the central government authorities.
(3) The order of the District Office must be published. The declaration shall be made by posting the order of the District Office on the official record of the Office for at least 15 days. The date of publication of the order by the District Office is the first day of its hanging on the official plate. This method of publication is a condition for the validity of the order of the District Office. In addition, the order of the District Office shall be published on the official record at the municipal offices operating in the territorial district of the Office.
(4) The order of the District Office 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 urgent general interest so requires, the order of the District Office may take effect from the date of its publication.
(5) The order of the District Office must be accessible to everyone at the District Office which issued it and to all municipal offices operating in its territorial district.
(6) If a natural person in the course of business or a legal person breaks the obligation laid down by the order of the District Office, the District Office may impose a fine of up to CZK 200,000. The fine may be imposed within one year of the date on which the order of the District Office was infringed. This shall not be the case if the specific legislation provides for such a failure or breach of the obligation to impose a higher penalty. The proceeds of fines are the revenue of the district office's budget.
The county authorities shall issue confirmations and draw up reports for the needs of natural and legal persons and public authorities only if legislation so provides.
SCOPE OF THE CURRENT AUTHORITIES
Regional authorities
(1) District Office
(a) conduct public administration in matters governed by specific laws;
(b) perform a public administration which, on 23 November 1990, was responsible for the special regulations of the District National Committees, unless it has been delegated to the entrusted municipal authority (2), or is hereby repealed or transferred to other bodies by this Act, 2a)
(c) perform public administration in matters listed in Annex I to this Act, unless it has been transferred to other authorities;
(d) examine the management of the municipality in accordance with a special regulation, 2b) if requested by the municipality;
(e) review the decisions of the authorities of the municipality given in administrative proceedings, (3) save where the special law provides otherwise, 2a)
(f) checks the activities of the entrusted municipal authorities and the authorities of the municipalities on the section of their transmission4) and provides them with professional assistance, imposing measures on the municipal authorities to address deficiencies identified in the inspection;
(g) determine the amount of compensation to be incurred by municipalities for the exercise of the delegation;
(h) carry out the tasks associated with state mobilization preparations and civil defence and protection tasks;
(i) establish the entrusted municipal office (m2), with the agreement of the Ministry of the Interior of the Czech Republic (hereinafter referred to as "Ministry of Interior"), in such a way that each municipality in the district is incorporated into the territorial district of a entrusted municipal office;
(j) manage, in accordance with the laws, regulations and directives of the central administration of budgetary and contribution organisations and facilities managed on 23 November 1990 by the District and Regional National Committees, except in the cases set out in Annex IV to this Act, and except where that power has been delegated to another body under a special law; (a) establish, and manage, budgetary or contribution organisations for the performance of their tasks in their field of competence under a special rule (4b).
(2) In addition, the County Office carries out emergency response tasks in the event of natural disasters, accidents or any other danger affecting life, health, significant property values or the environment. In order to deal with emergencies, the district emergency plan and, where appropriate, the external emergency plan shall be prepared in accordance with specific legislation4d) and shall verify emergency preparedness as determined by the emergency plan. In order to address emergency situations, it shall ensure a coordinated procedure for emergency, emergency, professional and other services, administrative offices, municipalities, natural and legal persons in the event of the emergency ("Integrated Rescue System '). In the event of an accident which could affect more than one district, it shall coordinate the preparation of an emergency plan for the territory of the emergency planning zone under the Special Act (4d) and the joint resolution of the accident by the provincial authority in whose territory the source of the danger is located.
(3) In order to carry out the tasks referred to in the first sentence of paragraph 2, the Head of the District Office may declare a state of danger by order of the District Office for the territory of the district or part of the district.
(4) If, as a result of a natural disaster, an accident or other emergency, there is a risk to life, health, significant property values or the environment, the Head of the District Office may impose an obligation on natural and legal persons, administrative authorities and municipalities to provide personal and material assistance to remedy the consequences of such an event, unless otherwise provided by a special law. It shall be for the person or the municipality who has fulfilled the obligation to pay the costs incurred effectively; the right to reimbursement of such costs must be exercised with the District Office within six months of their establishment, otherwise it shall cease to exist.
(5) The State is liable for damage caused in the performance of an obligation imposed pursuant to paragraph 4 to a person or a municipality who has provided personal or material assistance. This responsibility can only be waived if the person who provided the assistance is capable of harm intentionally. The State shall also be liable for damage caused by a person or a municipality in discharging an obligation imposed under paragraph 4 to another. The right to compensation must be exercised with the District Office within six months of its establishment, otherwise it shall cease to exist.
(1) For failure to comply with the obligation imposed by § 5 (4), the district office may impose a fine on a legal person or a natural person engaged in a business activity under special regulations of up to CZK 200 000. Other natural person up to CZK 10,000. If the obligation imposed was not fulfilled even within the new deadline, the district office may impose a fine again. This cannot be done if a legal or natural person is unable to fulfil the obligation imposed, even if all the efforts can be required.
(2) The fine referred to in paragraph 1 may be imposed within one year of the date on which the obligation imposed pursuant to Article 5 (4) has been failed. The proceeds of fines are the revenue of the district office's budget.
In the districts of Brno-town, Ostrava-town and Plzeň-town and in the capital of Prague the district authorities perform these cities, with the exception of the powers under § 5 (1) and (2) of the Act of the Czech National Council No. 172 / 1991 Coll., on the transfer of certain items from the property of the Czech Republic to the property of the municipalities, which is carried out by the Ministry of Finance for the City of Brno, Ostrava and Pilsen and the City of Prague. The authority of the district office's heads shall be exercised by their primary authorities in these cities, unless otherwise provided for in the special law.
Regional authorities may, with the agreement of the District Assembly and the Ministry of Interior, enter regional groupings with foreign partners. The regional authorities cannot enter interest associations of legal persons. 5)
The county authorities are governed in their activities by laws and other laws and within their limits by resolutions of the Government of the Czech Republic ("the Government ') and by guidelines of central government bodies.
(1) The head of the District Office is his presenter, who is appointed and recalled by the Government on a proposal from the Minister of Interior of the Czech Republic ("Minister of Interior ').
(2) The Minister for the Interior is submitting a proposal for the appointment of the head of the District Office (hereinafter referred to as "the floor") after the selection procedure. The selection procedure is announced by the Minister for the Interior; its rules are laid down by the Ministry of the Interior by law.
(3) The salary and remuneration of the priority shall be determined by the Minister of the Interior in accordance with the special rules.
(4) A representative designated by him shall represent the priority in his absence.
(5) The Chief Executive shall be superior to all the staff of the District Office and shall perform the duties of Head of Organisation under specific regulations in relation to that Office.
(1) The priority function is incompatible with that of the legislature, with that of the representative of the local authority, with another function in the administration and with those of political parties or movements.
(2) The notary may no longer pursue any other gainful activity except the management of his own assets; the occasional gainful activity of a scientific, educational, literary, publicist and artistic nature may be carried out provided that it is not a business activity and that such activity does not reduce its seriousness or threaten confidence in the independence and impartiality of the district office.
(3) The Government will always withdraw the priority from office:
(a) where he has been convicted of an intentional offence by a final decision;
(b) if the incompatibility referred to in paragraphs 1 and 2 is established,
(c) if he has been deprived of or restricted to legal capacity.
(1) The district office is subdivided into reports and priority offices. Following the prior approval of the Ministry of Interior, the Chief Executive shall determine the organisational structure of the District Office, establish or abolish individual reports, determine the content of the work of the Office of Priorities and individual reports, unless such reports have been set up and their scope laid down by a special law.
(2) The lead of the report and the priority office is the manager who is appointed and dismissed by the presenter.
(3) Under special legislation, the Head of the District Office shall establish special bodies.
The order of the District Office is signed by his presenter. It also signs other decisions and measures of the District Office; to sign them, it may entrust the manager of the relevant report and, where appropriate, another worker.
The District Office shall draw up its budget, manage it and draw up the final account in accordance with specific rules. 7a)
CORRECTION OF NON-CORRECT MEASURES
General rules on administrative procedures apply to the examination of decisions taken by the District Offices. 3)
(1) If the order of the District Office is contrary to the law, the Ministry of the Interior shall revoke it. The decision to revoke such a regulation shall be published by the district office on the official record of the Office for at least 15 days. In addition, it shall ensure the publication of this Decision on the official record of the municipal authorities operating in the district district district.
(2) Other measures by the district authorities, if they are contrary to law, other legislation, government resolutions or directives of central government authorities, shall be repealed by the central competent authority of the state.
RELATIONS OF THE GOVERNMENT AUTHORITIES OF THE STATE GOVERNANCE AUTHORITIES TO THE SECRET AUTHORITIES
The Government manages and controls the activities of the district authorities and unifies the activities of the central government of the Republic in relation to the regional authorities.
(1) Ministry of the Interior to ensure the government's tasks in relation to the district authorities:
(a) coordinate the issuing of directives by central government bodies concerning district and municipal authorities;
(b) monitor compliance with government measures in the activities of district authorities and the provision of professional assistance by district authorities to municipal authorities;
(c) organise checks at selected sections of the activities of the district authorities, evaluate their results and submit proposals to the Government for the necessary measures, in cooperation with the relevant central government authorities;
(d) regularises and coordinates the information system of the district authorities in cooperation with the relevant central authorities;
(e) directs the operation of the Integrated Rescue System;
(f) in an agreement with the State Office for Nuclear Safety, it shall manage and coordinate methodically with the district authorities on emergency preparedness and management of the consequences of a radiation accident;
(g) organise meetings of the county authorities' heads;
h) provides training for county and municipal staff in the public administration sector;
(i) in an agreement with the Ministry of the Environment, it manages and coordinates the district authorities on major accident prevention. 4d)
(2) The Ministry of the Interior shall, by means of implementing regulation, lay down details for the processing of the district emergency plan and the external emergency plan.
(1) The Ministry of the Interior shall, in agreement with the competent central authorities of the State Administration, lay down the conditions for the performance of functions in the district offices requiring specific competence.
(2) On the basis of approved subsidies from the state budget to the budgets of the county authorities and municipalities, the Ministry of the Interior shall determine the number of staff, the amount of the personal and material expenses associated with the performance of the administration of the state, for each district office and the sum of the contributions to the personal and material expenses associated with the performance of the state administration for the municipalities in each district.
(3) The Ministry of the Interior shall perform the tasks of the employer and the superior body in relation to the priorities, to the extent laid down by the Government's regulation, in accordance with the specific regulations.
(1) The central authorities of the State in whose jurisdiction the sections of the State administration carried out by the county authorities fall,
(a) manage, within the framework of the laws, the enforcement of state administration by issuing legislation and within their limits by issuing directives (instructions);
(b) examine the decisions of the district authorities given in the administrative procedure, 3)
(c) ensure a uniform procedure for the county authorities in the application of their legislation;
(d) check the performance of the state administration by the district authorities on the entrusted section; notify the start of the check and discuss its results with priority;
(e) cooperate with the Ministry of the Interior in the performance of its tasks under Section 15.
(2) In the exercise of the State administration, the district authorities are subordinate to the competent central administration.
ADJUSTMENT OF SCOPE
(1) The scope of the matters listed in Annex II to this Act is transferred to the competent central government authorities.
(2) The scope of the cases listed in Annex III to this Law is hereby revoked.
District Assembly
(1) Within 60 days of the elections to councils in the municipalities, the district assembly ("the assembly ') shall be elected in the district district district district district district. The number of members of the assembly shall be determined by the district office within 10 days of the election, taking into account the number of municipalities and the population of the district, so that the assembly has at least 40 members, but not more than 70 members.
(2) Members of the Assembly shall be elected by secret ballot by the municipal council. The number of members of the assembly elected in each municipality shall be determined by the district office on the basis of a guide number.
(3) The indicative number shall be determined by dividing the total population of the district by the total number of members of the assembly. It is crucial to determine the population as of 1 January in the year in which the elections to councils in municipalities take place.
(4) For each municipality, the District Office shall determine as many assembly members as the indicative number is included in the population of the municipality. Municipality with a population below the guide number shall elect a joint member of the Assembly. The District Office shall determine which municipalities shall elect one joint member of the Assembly.
(5) If, in the course of the procedure referred to in the preceding paragraphs, the total number of members of the assembly determined by the district office would be lower than the total number of members of the assembly, the number of members of the assembly in the municipalities with the highest population distribution balances shall be increased by a guide number for the next member of the assembly.
(1) Assembly
(a) approve, on a proposal, the prioritisation of the allocation of subsidies to the municipal budget; However, it may not alter the amount of compensation for the costs incurred by municipalities in the context of the exercise of the delegation provided for in the special law of the District Office,
(b) approve and control the budget of the District Office and approve its final account; However, the assembly cannot change the volume of funds provided by the Ministry of Interior for the performance of the State administration by the District Office (§ 16 (2)),
(c) carry out the tasks laid down in specific laws. 7b)
(2) The Assembly may give priority to amending the budget of the District Office.
(1) The Assembly shall normally meet four times a year. His meeting is being prepared and convened by a presenter. The Chair shall convene the Assembly within 14 days if at least one fifth of the members of the Assembly so request in writing.
(2) The meetings of the Assembly shall be managed by the President elected for the Assembly. It may also be attended by persons invited by the presenter.
(3) The Assembly may, within the limits of its powers set out in Paragraph 18b, impose tasks on the priority.
(4) If the resolution contradicts the Assembly's law, other legislation or government resolution, the presenter shall suspend its execution and submit it to the Government within 30 days of its suspension through the Ministry of Interior for decision.
TRANSITIONAL PROVISIONS
In the transitional period provided for by the Government's Decree, the District Office shall act as the founder of a state-owned enterprise which was carried out by the Regional and Regional National Committees on 23 November 1990, except in the cases set out in Annex IV to this Act, and except where the function of the Founder has been delegated to municipalities under a special regulation. (4a)
(1) The rights and obligations which the Regional National Committees had on the date of application of this Act are transferred to the Regional Authorities, unless otherwise provided for in the Special Act. The rights and obligations of the labour relations of the county national committees shall be transferred to the district authorities.
(2) The rights and obligations which the Regional National Committees had on the date of application of this Act are transferred to the regional authorities at the regional offices.
(3) The transfer of rights and obligations which the Central Bohemian Regional National Committee had on the date of application of this Act will be decided by the Government on a proposal from the Ministry of Interior.
The functions of the founder of State-owned enterprises listed in Annex IV to this Act and the power to establish, manage and abolish the organisations and facilities listed in that Annex shall be transferred to the competent central government authorities.
On the day following the date of the cancellation of the District Commissions for the privatisation of national assets, established under the Special Act, 8a), those Commissions are transferred to the District Offices. In the capital of Prague and in the districts of Brno, Ostrava and Plzeň, the city is transferred to these cities.
COMMON AND FINAL PROVISIONS
Act No. 36 / 1960 Coll., on the Territorial Classification of the State, is hereby amended as follows:
1. Paragraph 15 (2) reads as follows:
"(2) It shall be for the government to create or abolish a district, change its territory or change its seat. ';
Article 16 (1) reads as follows:
"(1) Changes to the boundaries of the municipalities where there is no merger or division of municipalities may be made only by agreement of the participating municipalities and after prior consultation with the District Office. A change in the boundaries of the municipalities where the border of the district is changed may be made only with the agreement of the competent county authorities. '
3. The first sentence of Paragraph 16 (2) reads: "Changes in the names of municipalities and cities are to be made to the district office."
Act No. 20 / 1966 Coll., on the care of the health of the people, is amended and added as follows:
2. In Paragraph 34, the following paragraph 2 is inserted after paragraph 1:
"(2) Regional sanitary stations are budgetary organisations managed by the Ministry of Health of the Czech Republic. County sanitation stations are facilities of the district authorities. '
Paragraph 2 shall become paragraph 3.
3. Paragraph 75 (1), (2) and (3) read as follows:
"(1) In order to guide care for the creation and protection of healthy living conditions, it acts as a health service body
(a) in the counties of district hygiene, which, as its body, is appointed by the county authority and removed from office,
b) in the regions of regional hygiene (in the territory of the capital city of Prague, the hygienist of the capital city of Prague), which, as a body of state administration, establishes and abolishes the Ministry of Health of the Czech Republic.
(2) The Regional hygienist appoints and invokes the Minister of Health of the Czech Republic on a proposal from the Czech Chief hygienist.
(3) Regional hygienist direct management of the main hygienist of the Czech Republic. "
Paragraphs 2, 3 and 4 shall be renumbered paragraphs 4, 5 and 6, paragraph 6 shall be replaced by the following paragraphs 7 and 8:
"(7) The Regional hygienist is the superior authority of the District Office in matters in which the State administration of the District hygienist is carried out.
(8) The Regional hygienist is the appellate body in relation to decisions by the district authorities to impose a fine on infringements of the legislation on the creation and protection of healthy living conditions (9), issued on the basis of the initiatives of the county hygienists. "
Article 76 (2) reads as follows:
"(2) The provisions of paragraph 1 shall also apply to professionals authorised by the main hygienist of the Czech Republic to carry out the authorisations referred to in § 71 (2) (d) to (f), to experts from district health centres appointed on the proposal of the district hygienist by the county authorities and to experts from regional health centres, entrusted by regional hygienists to carry out the authorisations referred to in § 75 (4) (c) to (e) and to district doctors and, where appropriate, other doctors, if they carry out the tasks referred to in § 16 (2). '
The Act of the Czech National Council No. 130 / 1974 Coll., on State Administration in Water Management, as amended by the Act of the Czech National Council No. 49 / 1982 Coll., is amended as follows:
1. In the introductory sentence of Paragraph 3 (2), the words "Local national committees in central municipalities and municipal national committees' are replaced by the words" Authorised municipal authorities (2) '.
2. Paragraph 3 repeals paragraph 3 and paragraph 4 becomes paragraph 3:
"(3) In the cases referred to in paragraphs 1 and 2, regional authorities may reserve their decision-making, if appropriate or necessary. ';
3. the following points (m) and (n) are inserted after Article 5 (l):
"(m) decide on water management matters for border flows; if such a decision affects the course, nature or designation of the state border, it shall, after consulting the Federal Ministry of Interior, decide:
(n) in exceptional circumstances, in particular in the absence of water and in the event of an emergency deterioration of the quality of the water, take measures belonging to the subordinate water authority in cases exceeding the territory of the district or the possibilities of the district office. ";
Points (m), (n) and (o) shall be renumbered as points (o), (p) and (r).
4. Article 6 (2) reads as follows:
"(2) Where there is a waterworks authorised by the district office in the territory of several counties, the district office in whose territory the bulk of the water works is situated shall be responsible. In doubt, the Ministry shall determine in which district the bulk of the water works lies the jurisdiction of the district office. '
5. Paragraph 6 (3) is deleted.
6. In Article 18 (3), the words "Regional National Committees' are replaced by the words" Regional authorities'.
7. In Paragraph 18 (6), the words "at the flood committee of the Regional National Committee 'are deleted.
The Act of the Czech National Council No. 133 / 1985 Coll., on Fire Protection, is amended as follows:
1. In Paragraph 7 (1), the first sentence shall contain the words "superior bodies' and the second sentence shall read" superior bodies following the observations of the Regional National Committee '.
Article 32 (1) (b) (2) reads as follows:
"2. documentation of buildings, including technologies for buildings, to be carried out in the territorial districts of two or more district offices or to be reserved for assessment for serious reasons."
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Regulation Information
| Citation | Act of the Czech National Council No. 425 / 1990 Coll., on the District Offices, the modification of their responsibilities and certain other measures related thereto |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.10.1990 |
|---|---|
| Effective from | 24.11.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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