Full text of Act No. 46 / 2001 Coll.
Full version of Act No. 549 / 1991 Coll., on Judicial Charges, as resulting from subsequent amendments
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08.02.2001
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46
PRESIDENT OF THE GOVERNMENT
announces the full text of Act No. 549 / 1991 Coll., on Judicial Charges, as follows from the amendments made by Act No. 271 / 1992 Coll., Act No. 273 / 1994 Coll., Act No. 36 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 151 / 1997 Coll., Act No. 209 / 1997 Coll., Act No. 227 / 1997 Coll., Act No. 103 / 2000 Coll., Act No. 155 / 2000 Coll., Act No. 241 / 2000 Coll.
THE LAW
on judicial fees
The Czech National Council decided on this law:
Subject matter of court fees
Legal fees (hereinafter referred to as "fees') shall be charged for:
(a) proceedings before the courts of the Czech Republic, of the acts listed in the schedule of charges (hereinafter referred to as "management fees"),
(b) the various acts carried out by the courts and those carried out by the administration of the courts, listed in the schedule of charges (hereinafter referred to as "the charges for the acts").
The fee schedule (hereinafter referred to as the tariff schedule) is set out in the Annex to this Act.
Taxpayers
(1) The fees for the charge before the Court of First Instance are:
(a) the applicant (s), unless otherwise specified,
(b) participants in the conciliation procedure;
(c) the debtor in settlement proceedings;
(d) the defendant (s) exercising his rights by mutual application,
(e) a natural or legal person to whom registration in a commercial register has been carried out, decided by the court in a procedure initiated by its own motion;
(f) a legal person in proceedings initiated without application in which the court has decided to abolish or dispose of a legal person or to appoint a liquidator of a legal person.
(2) The payer shall also be the one who brought an action against a decision of a public authority or an appeal against a decision of a public authority.
(3) If the appellant is exempted from the charge in the proceedings and the court has complied with the application, the defendant shall pay the fee or the corresponding part of the application, according to the outcome of the proceedings, unless the appellant is entitled to reimbursement of the costs or is also exempt from the charge. However, the defendant does not have that obligation in proceedings for divorce or for nullity of the marriage or for determining whether or not the marriage is there.
(4) The provisions of paragraph 3 shall apply mutatis mutandis to the appellant to whom the court has appointed a guardian in the proceedings as a party whose residence is unknown or who has failed to deliver to a known address abroad. In such a case, the fee obligation of the appellant shall cease to be imposed on the defendant.
(5) The appellant and the appellant shall be liable to the charge for the proceedings before the Court of Appeal. Paragraphs 3 and 4 shall apply mutatis mutandis.
(6) The fee for an act shall be charged by the applicant.
(7) The fee for making copies of the documents and annexes shall also be charged to those who have not submitted the application (s) with the necessary number of copies and annexes, although they have been requested to be presented by the court.
(8) If more taxpayers are obliged to pay a fee, they shall pay it jointly and severally.
(9) Where proceedings relating to a business register or proceedings for the appointment of a liquidator of a legal person have been initiated on its own motion because the statutory authority of the taxpayer or, where appropriate, the person to whom the statutory authority has transferred to an appropriate extent, has not submitted an application to initiate proceedings without undue delay, the statutory authority or that person shall be liable for payment of the fee. If there are more than one statutory body or if there are more than one statutory body, it shall be liable for payment of the fee jointly and severally. This shall apply mutatis mutandis to the person to whom the statutory authority has transferred to an appropriate extent.
Jurisdiction
(1) In the case of procedural fees, the court which is competent, in substance and locally, to examine and decide the case at first instance shall decide.
(2) In the case of fees for proceedings before the Court of Appeal and the Court of Appeal, the court which has ruled on the case at first instance shall decide, save as otherwise provided.
(3) In the case of fees for proceedings, the court of appeal or the court of appeal shall decide if the debtor is required to pay the fee in connection with the appeal or appeal decision on the substance of the case or in connection with the appeal or appeal decision terminating the proceedings.
(4) The court or the administration of the court to carry out the act shall decide on the charges for the acts.
The creation of a fee obligation
(1) Where there is a procedural fee, a charge shall be imposed:
(a) bringing an action or other application to initiate proceedings (hereinafter referred to as the "application to initiate proceedings");
(b) lodging an appeal;
(c) by lodging an application;
(d) in the settlement procedure, by imposing an obligation to pay a fee in connection with the decision by which the court declares the compensation terminated,
(e) approval of the conciliation procedure;
(f) imposing an obligation to pay a fee in the context of a court ruling on an application for an interim measure,
(g) in other cases, by imposing an obligation to pay a fee in connection with the court's decision on the substance of the case.
(2) If there is an action fee, a charge shall be imposed
(a) by drawing up an application in a court of law;
(b) in other cases, by making an application for an act.
Rates of fees
The rates of the management fees are determined by a fixed amount or percentage of the basis of the fee (hereinafter referred to as the percentage fee). The fee rates for operations are fixed. Fees are shown in the schedule.
Basis of fee
(1) The basis of the percentage fee is the price of the subject matter expressed in cash, unless otherwise specified. The price of accessories of the subject-matter shall form the basis of the fee only where the accessories are a separate subject-matter of the proceedings.
(2) Where several cash transactions are made in the application initiating the procedure, the basis of the percentage fee shall be their sum. However, cash transactions for which a different fee rate is set are a separate basis for the fee.
(3) In the case of repayable cash transactions, the basis of the percentage fee shall be the price corresponding to the sum of all repayable transactions. If it is for an indefinite period of cash, including the period of payment of another financial year, for a life period or for a period of more than 5 years, the charge shall be five times the annual performance price.
(4) If it is not possible to determine the basis of the fee referred to in paragraph 3, the basis of the fee is an amount of CZK 15 000.
(5) For non-cash transactions the monetary value of which for the purposes of determining the basis of the charge shall be determined by the tariff scale, paragraphs 2 and 3 shall apply mutatis mutandis.
(6) If the basis of the fee is expressed in a foreign currency, the percentage fee shall be calculated on the basis of the fee paid to the Czech currency on the basis of the rate declared by the Czech National Bank on the first day of the calendar month in which the fee is due or in which the court issues a decision on the obligation to pay the fee. For the conversion of currencies not declared by the Czech National Bank, the USD exchange rate declared by the Central Bank or by the Bank of the State in which the recalculated currency applies shall be used; The currency exchange rate used shall be demonstrated by a document obtained through the Ministry of Foreign Affairs.
(7) The basis of the fee is rounded down to 100 crowns and the calculated percentage fee from the base is rounded up to tens of crowns.
(8) Paragraphs 1 to 7 shall apply mutatis mutandis to proceedings before the Court of Appeal and proceedings before the Court of Appeal; however, the calculation of the basis of the charge shall be based on cash and non-cash transactions whose monetary value, for the purposes of determining the basis of the percentage charge, shall be determined by the tariff scale, where such transactions are subject to appeal or appeal.
Determination of fee
(1) The amount of the charge shall be determined for a proposal to initiate the procedure with an alternative or eventual proposal according to the proposal, which shall be indicated first in order.
(2) If different rates of charge are set in the schedule for the proceedings under its subject matter, the fees for those rates shall be added.
(3) If the subject-matter of the proceedings is extended after the application to initiate the procedure, the taxpayer shall be obliged to pay a fee. Similarly, if, after the appeal has been brought, the taxpayer extends the subject-matter of the proceedings before the Court of Appeal or if, after the appeal has been lodged, the subject-matter of the proceedings before the Court of Appeal has been extended. If the procedure was partially terminated before the first hearing, the court would reduce the fee paid by the corresponding part (overpayment).
Validity of the fee
(1) The fee is payable by the occurrence of a charge obligation. If the charge is incurred in accordance with Article 4 (1) (d) to (g), the fee shall be payable within 3 days of the legal authority of the decision setting out the charge or approving the settlement, unless the decision approving the conciliation provides for a longer maturity.
(2) If the debtor extends the application for an action or the subject-matter of the proceedings is extended after the application for the initiation of proceedings, the debtor shall pay the fee within the time limit and under the conditions laid down in paragraph 1. Similarly, if, after the appeal has been brought, the taxpayer extends the subject-matter of the proceedings before the Court of Appeal or if, after the appeal has been lodged, the subject-matter of the proceedings before the Court of Appeal has been extended.
Method of payment of fees
(1) Fees are collected, measured, measured and enforced by the courts. Fees are payable in Czech currency. Fees which are not higher than CZK 5,000 can be paid with stamp stamps issued by the Ministry of Finance. Other fees are payable on the account of the state budget set up by the Czech National Bank for individual courts ("the Court ').
(2) The fees shall be paid on behalf of the court competent to decide on them pursuant to Article 3.
Consequences of non-payment of the fee
(1) Where a procedural fee has not been paid in response to an application for initiation, appeal or appeal, the court shall invite the taxpayer to pay it within a time limit specified by it; after the expiry of that period, the court shall terminate the proceedings.
(2) If the appellate court finds, after having been referred to it for a decision to appeal, that a fee payable by lodging an appeal has not been paid, it shall invite the appellant to pay, within a period to be specified to it, the fee of the court which decided on the case at first instance. Upon receipt of the request, the court shall refer the case back to the court with instructions to re-submit it after payment of the fee. The court to which the case has been referred back shall be bound by the appeal of the appellate court and shall, after a futile end, suspend the time limits set therein. Similarly, proceedings before a court of appeal shall be brought.
(3) The Court of First Instance will inform the taxpayer in the invitation that the procedure will be terminated if the fee is not paid within the time limit laid down.
(4) For the non-payment of the fee, the court shall not stop the proceedings,
(a) if the matter itself has already begun to be discussed,
(b) where there is an obligation to pay a fee to a taxpayer to whom the court has appointed a guardian as a party whose residence is unknown or who has failed to deliver to a known address abroad,
(c) where there is a danger of delay which could cause damage to the taxpayer and the debtor, within the time limit specified by the court in the notice referred to in paragraphs 1 and 2, shall inform the court of the circumstances which certify that danger and shall show that, without his fault, he has not yet been able to pay the fee;
(d) if the application to initiate proceedings has been extended in the same case or if the taxpayer has extended the appeal or the appeal after the court has brought the substance of the case.
(5) The court shall decide that the conditions referred to in paragraph 4 (c) are met by an order which does not need to be served.
(6) In the cases referred to in paragraph 4, the court shall decide to impose an obligation to pay the fee together with the decision terminating the proceedings. Similarly, in the case of the guarantor, the court shall proceed for the payment of a fee for proceedings in the case of a commercial register or for proceedings for the appointment of a liquidator of a legal person initiated on its own motion (Section 2 (9)).
(7) The order for the termination of proceedings for non-payment of the fee shall be annulled by the court which issued the order if the fee is paid at the latest by the end of the period for appeal against that order. If the order to stop proceedings for the non-payment of a charge of legal authority arises, the charge shall cease.
(8) If, even if, within the time limit laid down in the notice of the competent court or the competent administration of the court, a fee is not paid which is due by the lodging of an application for an action, the action shall not be carried out and the application shall become ineffective even if the fee is later paid by the taxpayer. The taxpayer must be informed of this in the invitation of the competent court or the competent administration of the court. The obligation to pay the fee shall cease on the date on which the application for an act becomes ineffective.
Repayment of the fee
(1) The Court of First Instance shall refund the fee from the court's account if it has been paid by the person who was not required to do so. If more than the fee has been paid, the court will repay the excess. The court shall, by analogy, return the fee or overcharge for the fee paid by the stamp. The fee or excess fee for the fee shall not be refunded unless it exceeds CZK 50, except as referred to in paragraph 2.
(2) The Court of First Instance will pay back the fee on the court's account as well as on the person who paid it on the basis of an incorrect request from the court or on the basis of an incorrect decision by the court to which that obligation has been imposed on him. The fee shall be refunded, even without the application being lodged, by the court which issued the wrong call or decision. The incorrect decision on the obligation to pay the fee shall be annulled at the same time by the court.
(3) The Court of First Instance will also recover from the court's account the fee paid for the proceedings which is due by the lodging of an application for the initiation of proceedings, an appeal or an appeal, if the proceedings were terminated before the first hearing. Similarly, the court shall reimburse the taxpayer for the excess charge (the corresponding part of the charge) incurred pursuant to Paragraph 6a (3) if the procedure was terminated only partially.
(4) The court shall recover the fee paid from the court's account even if the proceedings have been terminated after the order for payment has been issued for the withdrawal of an application which took place at the latest on the last day of the period of time for the lodging of the opposition or opposition to the order. The fee shall be refunded after the opposition or objection has been lodged if the proceeding has been terminated before the first hearing. If the procedure has been terminated only in part, the court shall refund the fee overcharge (the corresponding part of the fee) to the taxpayer.
(5) In a case in which a decision may be taken without hearing, the court shall, mutatis mutandis, act in accordance with paragraphs 3 and 4 until a decision on the substance has been given.
(6) If the proceedings for divorce of a marriage have been terminated or if the application for the initiation of proceedings has been withdrawn at the latest before the decision has been given by the Court of First Instance, the court shall pay the full amount of the fee paid from the court's account. If the application to open proceedings for the divorce of a marriage has been withdrawn after the decision of the court which has not acquired legal authority, without the appeal being brought, the court shall recover half the fee from the court's account.
(7) If the case has been referred to another competent court after payment of the fee or after the order setting out the obligation to pay the fee has been issued, the excess charge (or the corresponding part thereof) shall be refunded from the court's account.
(8) The fee or excess fee may not be refunded after 10 years from the end of the calendar year in which it was paid.
Exemption from the fee
(1) The fee shall be exempt from proceedings in cases:
(a) custody, custody of minors, adoption and authorisation of marriage;
(b) social security, pension insurance, state social assistance, sickness insurance, general health insurance, social security insurance, contribution to state employment policy, state benefits and social welfare,
(c) the mutual maintenance obligations of parents and children,
(d) the admissibility of taking over or holding in a health care institution;
(e) related to the exercise of the right to vote or the election of staff councils and representatives in the field of safety and health at work;
(f) heirs at first instance of proceedings,
(g) compensation for damage caused in the exercise of public authority by unlawful decision, detention or maladministration;
(h) fitness for legal acts, deputies and determination as to whether the consent of the child's parents to adopt them is required;
(ch) enforcement of decisions to recover claims on judicial fees, on punishments, fines and costs of proceedings enforced by the State;
(i) the business register where the registration of the natural or legal person in bankruptcy is concerned;
(j) bankruptcy, including compulsory settlement, with the exception of bankruptcy disputes;
(k) disputes concerning the performance of collective agreements which do not give rise to claims on individual employees.
(2) The fee shall be exempt:
(a) the Czech Republic and the State Funds;
(b) local authorities in cases where the dispute relates to the exercise of the administrative authority transferred to them;
(c) the appellant in the proceedings for the determination of maintenance, including an increase in maintenance, if not for the mutual maintenance obligation of parents and children;
(d) the applicant in the proceedings for compensation for damage to health, including compensation for damage to property resulting from the assault;
(e) the appellant in proceedings for compensation for accidents at work and occupational disease;
(f) an unmarried mother in proceedings for a nutritional allowance and reimbursement of the costs of pregnancy and sleep;
(g) the applicant in the proceedings for the determination of parenthood, with the exception of the applicant in the proceedings for the denial of parentage,
(h) diplomatic representation of foreign States and delegated diplomatic representatives, professional consuls and other persons, if they are nationals of foreign States, enjoying the privileges and immunities of international law3), provided that reciprocity is guaranteed and not for criminal acts carried out in the personal or personal interests of such persons,
(ch) an alien in the procedure for granting refugee status;
(i) the appellant, in proceedings relating to the issue of a case or the exercise of a claim under special provisions, (4) where the right to exemption is enshrined in those provisions,
(j) the applicant who claims under the Law on extrajudicial rehabilitation, 4a)
(k) the appellant in proceedings for the provision of financial assistance to victims of crime;
(l) the Foundation or the Foundation in respect of matters relating to the Foundation Register;
(m) public utility companies in matters relating to the register of public utility companies;
(n) the association of unit owners 3a) in the proceedings for registration;
(o) the appellant in proceedings for a sub-debtor action,
(p) foreign States, including their institutions, where reciprocity is guaranteed;
(r) the liquidator of the bankruptcy assets in proceedings concerning or to be satisfied with the assets.
(3) The exemption provided for in paragraphs 1 and 2 applies, with the exception of the succession procedure, to the procedure
(a) on a proposal for a provisional measure regulation;
(b) before the Court of Appeal,
(c) authorisation for renewal;
(d) an action for confusion,
(e) before the Court of Appeal,
(f) enforcement.
(4) The fee shall also be exempt from proceedings before the Court of Appeal and proceedings before the Court of Appeal, if they are for enforcement proceedings and settlement proceedings.
(5) The exemption provided for in paragraph 1 (i) and the exemption provided for in paragraph 2 also apply to acts. The fee shall also be exempt from the drawing up of an application for the custody of a minor, an application for a regulation for the enforcement of a maintenance decision for minors and assistance to the court before the enforcement order for minors.
If the court issues an incorrect decision on the charge obligation, it shall revoke or amend it on its own motion. The fee shall be refunded to the person who has paid the fee on the basis of an incorrect decision by the court to which the charge has been imposed on him or, where appropriate, the fee. Repayment of the fee and, where appropriate, the finalisation of the fee shall be decided by the court which issued the wrong decision, on its own motion.
(1) The fee (supplement) cannot be charged or recovered after three years from the end of the calendar year in which it became payable.
(2) As from the end of the calendar year in which the taxpayer has been informed in writing of the action taken by the court to measure or recover the charge (fee supplement), a new three-year period shall apply. As from the end of the calendar year in which the payee has elapsed, 4b) for the postponement of the fee or the period for payment of the fee in instalments, the new three-year period shall run. For the purposes of the recovery of a fee, in the cases referred to in Article 9 (4), the fee shall be deemed to be payable within 3 days of the legal authority of the decision which has established the obligation to pay the fee (Article 9 (6)). The decision to authorise the deferral of a fee or instalment may be subject to conditions. (b)
(3) The action to recover the fee (fee supplement) is also a written reminder of the payment of the fee (fee supplement) delivered to the taxpayer.
(4) The fee may not be charged or recovered as soon as 10 years have elapsed since the end of the calendar year in which the charge was completed.
Registration and management
The courts shall keep records 4c) of the fees, payments or defaults and any resulting overpayments or arrears. In proceedings relating to charges, the court shall decide and proceed in accordance with the Civil Code, unless that law or, where appropriate, the special rule (4d) provides otherwise.
repealed
Transitional, authorisation and final provisions
Charges under the existing rules shall be levied on the proposed charges and procedures initiated before the application of this law, even if they become payable after the application of this law. However, the appeal or appeal lodged after the effectiveness of this Act shall be treated in accordance with the schedule annexed to this Act. The arbitration fee paid shall be included in the fee if it was paid before the entry into force of this Act on behalf of the economic arbitrage authority.
(1) The Ministry of Finance may, by means of legislation issued in an agreement with the Ministry of Justice, exempt individual types of acts and groups of persons from fees.
(2) The President of the Court, acting under the special legislature5), decides to waive the fee arrears.
(3) Following the declaration of a state of threat to the state or to the state of war, the Government of the Czech Republic may, for the duration of the state of threat or the state of war, by its regulation to the extent necessary to ensure an emergency or war state budget6)
(a) make adjustments to the articles and rates of charges set out in the tariff;
(b) to free the armed forces, armed security forces, fire brigade and emergency services.
(4) The Government may provide for exemption from certain charges for a group of foreigners granted temporary protection in the Czech Republic.
The Ministry of Finance, Territorial Financial Authorities and the Ministry of Justice shall check with the courts whether the fees are levied correctly, properly and in time. The territorial financial authorities shall also check the fees refunded from the court's account.
They shall be deleted:
1. Act of the Czech National Council No. 147 / 1984 Coll., on Judicial Charges.
2. Decree of the Ministry of Finance of the Czech Socialist Republic No. 151 / 1984 Coll., implementing the Act of the Czech National Council No. 147 / 1984 Coll., on judicial fees.
3. Effective for the Czech Republic Order of the Minister of Finance No. 78 / 1958 Coll., setting arbitration fees.
4. With effect from the Czech Republic, the guidelines on the payment of arbitration fees provided for by the Order of the Minister of Finance No. 78 / 1958 Coll., setting arbitration fees (amount 24 / 1961 Ú. l.).
5. Measures of the Ministry of Finance, Prices and Wages of the Czech Republic of 20 June 1990 on relief for judicial fees (amount 43 Collection of Laws 1990).
This Act shall take effect on 1 January 1992.
* * *
Act No. 271 / 1992 Coll., amending and supplementing Act No. 549 / 1991 Coll., on Judicial Charges and Excerpts of the Criminal Register, became effective on 1 January 1993.
Act No. 273 / 1994 Coll., amending and supplementing Act No. 368 / 1992 Coll., on Administrative Charges, as amended by Act No. 72 / 1994 Coll. and Act No. 85 / 1994 Coll., became effective on 1 January 1995.
Act No. 36 / 1995 Coll., amending and supplementing Act No. 549 / 1991 Coll., on Judicial Charges, as amended, and Act No. 368 / 1992 Coll., on Administrative Charges, as amended, became effective on 1 April 1995.
Act No. 118 / 1995 Coll., amending and supplementing certain laws relating to the adoption of the Act on State Social Aid, entered into force on 1 October 1995, with the exception of Articles I, II (2), (8) to (12), Article III (3), Article IV (1) and (2), Article VI (5), (7), 9, 10, 12 to 15, Article VIII (1), (2), (6), (9), (13) and (14), Article IX (1) and (4), Article XI, Article XIII (2), (5), (6), (11), 17, 18, 23, 27, (30), (32), Article XVIII (2), Article XXV and Article XXVI, which took effect on 1 January 1996.
Act No. 160 / 1995 Coll., amending and supplementing certain laws in connection with the adoption of the Pension Insurance Act, became effective on 1 January 1996.
Act No 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets), became effective on 1 January 1998.
Act No. 209 / 1997 Coll., on providing financial assistance to victims of crime and amending and supplementing certain laws, became effective on 1 January 1998.
Act No. 227 / 1997 Coll., on Foundation and Foundation Funds and amending and supplementing certain related laws (Law on Foundation and Foundation Funds), became effective on 1 January 1998.
Act No. 103 / 2000 Coll., amending Act No. 72 / 1994 Coll., amending Act No. 344 / 1992 Coll., on the Real Estate Register of the Czech Republic (Catastral Act), as amended by Act No. 89 / 1996 Coll., Act No. 586 / 1992 Coll., on Income Taxes, as amended, Act No. 549 / 1991 Coll., as amended, Act No. 40 / 1964 Coll., Civil Code, as amended, and Act No. 357 / 1992 Coll.
Act No. 155 / 2000 Coll., amending Act No. 65 / 1965 Coll., Labour Code, as amended, and some other laws, came into force on 1 January 2001, with the exception of Article 4 (1) (a) of the Act. This Regulation shall be binding in its entirety and directly applicable in all Member States. I points 3, 8 and 15, which take effect on the date on which the Treaty of Accession of the Czech Republic to the European Union enters into force.
Act No. 241 / 2000 Coll., on economic measures for crisis situations and amending certain related laws, came into force on 1 January 2001.
Act No. 255 / 2000 Coll., amending Act No. 549 / 1991 Coll., on Judicial Charges, as amended, came into force on 1 January 2001.
Prime Minister:
Ing. Zeman v. r.
Annex to Act No 549 / 1991 Coll.
_
Notes on the whole tariff:
1. The fee for the application for the initiation of proceedings shall not be levied if the court which initiates the proceedings rejects the defects.
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Regulation Information
| Citation | Full text of Act No. 46 / 2001 Coll., Act No. 549 / 1991 Coll., on Judicial Charges, as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.02.2001 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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