Decree No. 438 / 2011 Coll.
Decree amending Decree of the Ministry of Justice of the Czech Republic No. 37 / 1992 Coll., on Rules of Procedure for Regional and Regional Courts, as amended
Valid
Order
Effective from 01.01.2012
Text versions:
01.01.2012
28.12.2011
438
DECLARATION
of 14 December 2011
amending Decree No. 37 / 1992 of the Ministry of Justice of the Czech Republic Coll., on Rules of Procedure for Regional and Regional Courts, as amended
The Ministry of Justice, pursuant to Article 45 (1) of Act No. 6 / 2002 Coll., on Judgments, Judgments, Addresses and Government Administration of the Courts and amending certain other laws (Law on Courts and Judges), § 469 of Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended by Act No. 539 / 2004 Coll., and under Section 374 (1) of Act No. 99 / 1963 Coll., Civil Code, as amended:
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., Decree No. 482 / 2000 Coll., Decree No. 104 / 2002 Coll., Decree No. 268 / 2003 Coll., Decree No. 202 / 2007 Coll., Decree No. 315 / 2007 Coll., Decree No. 168 / 2009 Coll., and Decree No. 457 / 2009 Coll., is amended as follows:
1. In the first sentence of Article 21b (1), the words "and other documents' shall be inserted after the words" The copies of the decision '.
2. In Article 21b, the following paragraph 4 is added:
"(4) The authentic copies of the decision and other documents of the court which are drawn up in cooperation with the postal service operator shall be given by the court to the specific identifier of the decision or other document of the court and by the visualised form of the recognised electronic signature of the person who made it or the recognised electronic marks of the court. The postal service operator may provide such a copy with management features for the preparation. The electronic decision and other documents of the court in electronic form shall be made available to the participant in a manner which allows remote access; the participant must be informed of this. ';
3. In Article 24 (1), the word "authorized 'shall be inserted after the words" paper exit'.
4. Paragraph 25 (3) reads as follows:
"(3) In the case of a file in paper form, the court shall set up proceedings and other documents in paper form in the paper file. '
5. In Paragraph 25, the following paragraph 4 is inserted after paragraph 3, including footnote 2b:
"(4) Where the file is kept in electronic form, the court shall transfer the filing and other documents received in paper form to the electronic form which it shall establish in the electronic file; Authorised conversion is not performed. The filing and other documents in paper form shall be lodged in a collection file kept by the court for that purpose in accordance with special legislation2b).
2b) Act No. 499 / 2004 Coll., on archiving and file services and amending certain laws, as amended. '
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
6. In Paragraph 25 (5) at the end of the text, the words "; no authorised conversion shall be carried out 'are added.
7. In Article 28b, the following is added at the end of paragraphs 2 and 3: "; no authorised conversion shall be carried out '.
8. The following Section 28c is inserted after Section 28b:
Drawing up and service of decisions and other documents by the court for the co-operation and service of the postal service operator
(1) Where an electronic file is kept and the court draws up paper copies of the decision and other documents of the court by means of a postal service operator, it shall be transmitted by the court in electronic form to that operator who, in accordance with the contract concluded, shall draw up and deliver them; the authorised conversion is not carried out by the postal service operator. Transmission and production shall be carried out in an automated manner which excludes human intervention beyond what is strictly necessary.
(2) Where the electronic file and the court delivers paper copies of the decision and other documents to the court in accordance with paragraph 1, the electronic file shall be served in electronic form, which shall be translated into electronic form by the postal service operator in accordance with the contract concluded; the authorised conversion is not carried out by the postal service operator. The letter shall be filed by the court in the collection file kept by the court for that purpose in accordance with special legislature2b. '.
Efficacy
This Decree shall take effect on 1 January 2012.
Minister:
JUDr. Pospíšil v. r.
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Regulation Information
| Citation | Decree No. 438 / 2011 Coll., amending Decree No. 37 / 1992 of the Ministry of Justice of the Czech Republic Coll., on Rules of Procedure for Regional and Regional Courts, as amended |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.2011 |
|---|---|
| Effective from | 01.01.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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