Government Decree No. 45 / 1954 Coll.
Regulation amending and supplementing the Government Regulation on State Arbitration
Valid
Effective from 23.10.1954
45.
Government Regulation
of 21 September 1954
amending and supplementing the Government Regulation on State Arbitration.
The Government of the Czechoslovak Republic orders, with the agreement of the President of the Republic, pursuant to § 1 of the Constitutional Act No. 47 / 1950 Coll., on adaptations to the organisation of public administration, and pursuant to § 14 (1) of the Act No. 2 / 1954 Coll., on the State Plan for the Development of the National Economy of the Czechoslovak Republic for 1954:
Government Decree No. 47 / 1953 Coll., on State Arbitration, as amended by Government Decree No. 77 / 1953 Coll., is amended as follows:
1.
"(1) State arbitration does not decide
(a) the disputes referred to in Articles 28 (1) and (2) and 29 (1), unless the authority superior to the parties to which the arbitration or cooperative arbitration is established gives its consent to the dispute be decided by the State arbitration;
(b) disputes arising from transport contracts for rail transport (including carriage by rail), carriage by car, water and air, if one party is a public transport organisation, as well as disputes concerning the fees associated with the implementation of such shipments;
(c) property disputes in which at least one of the parties is a single agricultural cooperative;
(d) property disputes not arising from relations governed by the rules on economic contracts or by other measures ensuring the performance of the tasks of the national development plan of the national economy; in this framework, state arbitrage does not, in particular, decide property disputes on compensation for damage caused by means of transport, disputes in matters governed by national insurance regulations, termination of sheltered lease of apartments and disputes on the exclusion of cases from execution.
(2) The disputes referred to in paragraph 1 (b), (c) and (d) shall be settled by the courts; in such disputes, all the parties referred to in Paragraph 1 are eligible to be party to the proceedings before the courts. '
2. In Article 8 (a), the words "(different regional cooperative bodies) 'shall be inserted after the words" regional cooperative body' and point (b) shall be added "after the case of ministerial or cooperative arbitrage '.
3. Article 10 (1) reads as follows:
"(1) The State Arbitration of the Czechoslovak Republic decides disputes for which there is no other State Arbitration and which do not belong even before the Arbitration of the Ministry (§ 28) or cooperative (§ 29). '
4. Paragraph 11 is added to paragraph 4 of the following text:
"(4) By decision of the disputes referred to in Articles 9 (a) and 9 (b) and 10 (1), the subject matter of which falls primarily within the competence of a particular Ministry, the State arbitration of the Czechoslovak Republic may, in agreement with that Ministry, entrust the authorities with its department arbitration."
5.
"State arbitration shall not be bound by the proposals of the Parties; may establish, amend or revoke a legal relationship between the Parties. ';
6.
"(1) All material violations of state, planning or contractual discipline and other deficiencies and deficiencies in the activities of companies, organisations and facilities of the socialist sector and of the public authorities, which have come to light during the arbitration negotiations, shall be reported by the State Arbitration of the competent authorities and, where necessary, by the Prosecutor General.
(2) Those who have received the report are obliged to reply within 30 days and to take an opinion, in particular, on a possible proposal for State arbitrage, on how to remedy the defects and to rule out their repetition.
(3) State arbitrage shall keep a precise record and check of the reports referred to in paragraph 1 and of the replies referred to in paragraph 2; if it considers the reply insufficient, it shall urge the implementation of the measure proposed in the report or any other appropriate measure. ';
7. In Paragraph 18 (1), the word "State 'shall be inserted before the words" planning or contractual discipline'.
8. Paragraph 20 (2) shall be added as follows:
"A decision may be taken only if the party concerned requests that it be enforced within one year of the legal authority of the decision and that the procedure is carried out properly. '
9. Article 22 (3) and (4) shall be replaced by the following paragraph 3:
"(3) The relevant principal arbitrator may, on a proposal or on its own initiative, amend or revoke the decision and either order the dispute to renegotiate or take other measures if the decision has infringed the laws, regulations or principles of economic policy of the Czechoslovak Republic; Such a measure may take a decision for pre-contractual disputes no later than 30 days, for property disputes no later than 60 days from the legal authority. In the disputes referred to in § 11 (1) and (2), the main arbitrator of the Czechoslovak Republic has this right, after the case of the main arbitrator for Slovakia. A Party that does not agree with the decision of the State Arbitration may, within 15 days of the legal power of the decision, ask the principal arbitrator to exercise his right to amend or revoke such decision. '
10.
"(1) The Government, the Board of Authors and the Council of the Regional National Committee may, for the reasons set out in Article 22 (3), amend or revoke the decision of the relevant principal arbitrator taken pursuant to Article 22 (3) and either order the dispute to be renegotiated or take other measures; for the same reasons, those authorities may do so if the main arbitrator did not take any of the measures referred to in Paragraph 22 (3) to propose a review of the decision. In the disputes referred to in Article 11 (1) and (2), these rights shall be exercised only by the Government, after the case of the College of Authors.
(2) If a party or an authority superior to one of the parties requests a review of a decision taken pursuant to Paragraph 22 (3), the application shall be submitted to the State arbitrage for which the decision is made no later than 30 days after the date on which the party or its superior authority received the decision of the principal arbitrator. ';
11.
"(1) The main arbitrator of the Czechoslovak Republic issues general guidelines for the activities of the authorities of the state, department and cooperative arbitration.
(2) The main arbitration of the Czechoslovak Republic calls regular meetings of staff of state, department and cooperative arbitration and carries out research and control of their work. "
12.
"Detailed regulations on the organisation, competence and competence of the State Arbitration and the procedure before it shall be issued by the main arbitration of the Czechoslovak Republic and shall be published in the Official Gazette as appropriate; The detailed rules for the implementation of Paragraph 7 (1) (d) shall be laid down in an agreement with the Supreme Court. ';
13.
"(1) The individual ministers shall, as appropriate, establish, in their ministries, the departments of arbitration and in the mandates, the regional authorities of the ministries of arbitrage which, after the mandates of the ministries, decide the disputes referred to in paragraph 2; where necessary, the ministries shall also establish the ministries of arbitration and the regional authorities of the ministries of arbitrage at other central offices (their regional authorities) under their authority.
(2) The departments' arbitration bodies shall decide:
(a) pre-contractual disputes;
(b) disputes arising from economic contracts or other measures ensuring that the tasks of the national development plan for the national economy are carried out;
(c) property disputes arising from relations governed by the rules on economic contracts or other measures referred to in (b);
(d) disputes the decision of which is entrusted by the State Arbitration of the Czechoslovak Republic (§ 11 (4)).
(3) The provisions of § 1, 2, 4 and 7, § 11 (3), § 12, § 15 to 21 and § 24 and 25 apply mutatis mutandis to the department arbitration. the department arbitration must also initiate arbitration proceedings at the initiative of the main arbitration of the Czechoslovak Republic.
(4) For reasons of appropriateness, ministerial arbitration may refer the matter to the Regional National Committee, which is bound by the resolution.
(5) The rules on the organisation of the department arbitration, its jurisdiction, the procedure before it and the review of its decisions shall be issued by the relevant ministers. ';
14.
"(1) The central associations of cooperatives may establish cooperative arbitration bodies for these associations and regional authorities for cooperative arbitrage for the Slovak associations of cooperatives. With the exception of disputes falling within the competence of the State Arbitration [Paragraph 8 (a)], the authorities of the cooperative Arbitration shall decide the disputes referred to in Paragraph 28 (2) which took place between subordinate cooperatives, following the case of the cooperative association and their undertakings.
(2) Paragraph 28 (3) and (4) shall apply mutatis mutandis to cooperative arbitrage.
(3) The rules on the organisation of cooperative arbitration, its jurisdiction, the procedure before it and the review of its decisions shall be issued by the relevant central associations of cooperatives. ';
The existing authorities of the ministerial arbitration and regional authorities of the ministerial arbitration continue to operate; The provisions issued pursuant to § 28 (4) of Decree-Law No 47 / 1953 Coll., remain in force, unless they contravene the provisions of § 28 (1) to (4) of the Regulation cited as amended by Article I of this Regulation.
1. Those matters were no longer within their competence. Paragraph 12 of Decree-Law No 47 / 1953 Coll. is not affected by this.
(2) For disputes in which a decision of a State arbitrage has been taken before the date on which this Regulation takes effect, the existing rules will apply to the Party's request for review of the decision.
The Minister of Justice is hereby authorised to amend and declare in the Collection of Laws the full text of Decree No. 47 / 1953 Coll., as is apparent from the later regulations.
This Regulation shall enter into force on the day of its publication; All members of the government will do it.
Zaporocký v. r.
Broad v. r.
Dr Dolansky v. r.
Maj-Gen Dr. Cap v. r.
Kopecký v. r.
Uher v. r.
Bark v. r.
Lamb
David v. r.
Dvořák v. r.
Děuriš v. r.
Ing. Jankovcová v. r.
Jonah v. r.
Krajčir v. r.
Kromir
Dr Kylý v. r.
Malek v. r.
Maurer v. r.
Dr. Unedible v. r.
Dr Neuman v. r.
Nosek v. r.
Plojhar v. r.
Polack v. r.
Pospíšil v. r.
Ing. Púčik v. r.
Reitmajer v. r.
Smida v. r.
Ing. Shimonek v. r.
Dr Skoda v. r.
Dr. Nove v. r.
Stoll v. r.
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Regulation Information
| Citation | Government Decree No. 45 / 1954 Coll., amending and supplementing the Government Decree on State Arbitration |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.10.1954 |
|---|---|
| Effective from | 23.10.1954 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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