Government Decree No. 47 / 1953 Coll.
State Arbitration Order
Valid
Effective from 08.06.1953
47.
Government Regulation
of 12 May 1953
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 § 42 (1) of Act No. 241 / 1948 Coll., on the first five-year Economic Plan for the Development of the Czechoslovak Republic (Act on the Five-Year Plan):
State arbitrage is decided by pre-contractual and property disputes between companies, organisations and facilities of the socialist sector as well as by the authorities. When deciding, the authorities of state arbitration shall ensure that socialist legality, planning and contract discipline and chozrasčot are consolidated; provide incentives for the management to exercise the ownership responsibility for non-compliance or incorrect execution of commitments.
In disputes, state arbitration is governed by the laws and principles of economic policy of the Czechoslovak Republic.
The authorities of the State Arbitration are:
(a) State arbitration in the Government of the Czechoslovak Republic,
(b) State arbitration in the College of Authors,
(c) State arbitration in regional national committees.
(1) The authorities of the State Arbitration are composed of the main arbiter, a reasonable number of representatives of the main arbiter and the state arbiter. The main arbitrators shall be appointed by the authority in which the State arbitration is established, which shall also provide for its personal and material needs.
(2) The Chief Arbiter and his representatives are in charge of the work of the State Arbitration.
(3) State arbitrage workers are civil servants.
The main arbitration of the Czechoslovak Socialist Republic has the right to submit draft measures in economic matters to the Government and the main arbitration of the Regional National Committee to the Regional National Committee.
The State arbitration shall decide the pre-contractual disputes, the contractual disputes and other property disputes between the parties referred to in Paragraph 1 (hereinafter referred to as "the parties'), with the exception of those referred to in Paragraph 7.
(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) property disputes in which at least one of the parties is a single agricultural cooperative;
(c) disputes concerning the reimbursement of medical costs, sickness and pension benefits and other costs incurred for damage to health or death;
(d) disputes over the performance of the insurance relationship, disputes over the regression claims of the insurance relationship and disputes between the trade union body and the competition for compensation resulting from the malpractice of the establishment in carrying out sickness insurance;
(e) disputes under Title X of Part Two of the Civil Code;
(f) disputes concerning the exclusion of a case from execution, disputes arising from objections brought in the enforcement proceedings and actions brought in the recovery proceedings;
(g) disputes concerning compensation for damages relating to the operation of means of transport (including disputes arising from regression claims);
(h) disputes in respect of a right in rem to a immovable property or in which such a right is denied or in which a division of the immovable property is requested or a modification of the boundaries;
(ch) disputes arising from rental relationships to immovable property and from other transactions in relation to such rental relationships;
(i) disputes arising from transport contracts relating to the import or export of goods or relating to transit.
(2) The disputes referred to in paragraph 1 (b) to (i) shall be settled by the courts; in such disputes, all the parties referred to in Paragraph 1 are eligible to be parties to the proceedings before the courts.
The State arbitration of the Regional National Committee shall be responsible:
(a) for disputes between the Parties, subordinate to the Regional National Committee in which it is established, or to the National Committees or to the Regional Cooperative Authority (different Regional Cooperative Authorities) in the territory of that Regional National Committee;
(b) for disputes whose decision it is entrusted with the government's arbitration or with the administration's arbitration in the case of ministerial or cooperative arbitration.
The State arbitration of the Board of Authors shall be responsible:
(a) disputes in which at least one of the parties is entrusted or under the authority of the delegate;
(b) disputes between the parties which are subordinate to different regional national committees or national committees or different regional cooperative bodies in the district of different regional national committees in Slovakia;
(c) for disputes whose decisions it is entrusted with State arbitration with the Government.
(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).
(2) Government arbitration shall also decide on the basic conditions of supply between the central authorities or authorities.
(3) If one of the parties has a seat in the Czech countries and the other in Slovakia, the relevant state arbitration is the government.
(1) The ruling of the disputes referred to in Article 10 (1) may entrust, unless a central office or body is a party, the State arbitrage to the College of Authors or State arbitrage to the Regional National Committees.
(2) The decision of the disputes referred to in paragraphs 9 (a) and 9 (b) may entrust state arbitration to the Regional National Committees in Slovakia, unless it is a party to the delegation.
(3) In doubts as to which State arbitrage is responsible for the decision of a dispute, the principal arbitrator shall determine the jurisdiction of the government.
(4) By decision of the disputes referred to in paragraphs 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 ministerial arbitration.
If State arbitrage states that it is incompetent, the court is bound by its decision, even if it is a dispute which has been referred by the court of arbitration.
(1) The State arbitration procedure is initiated:
(a) at the request of the Party,
(b) on its own initiative,
(c) by order of the authority in which it is established.
(2) State arbitrage in the board of delegates also initiates proceedings under the order of state arbitrage in the government. The State Arbitration of the Regional National Committee also initiates proceedings by order of the State Arbitration of the Government and Slovakia as well as by order of the State Arbitration of the Board of Authors.
(1) The dispute shall be decided by the State Arbiter together with the representatives of the parties at issue (their representatives); for each Party, one representative (his / her representative) shall participate in the decision-making process. If the dispute cannot be decided in this way, in particular because the representatives of the parties do not agree or because their agreement would be contrary to the general interest, in particular the needs of economic planning, the dispute will be decided by the State Arbiter itself. In the absence of a representative of one or both parties, the State arbitrator may decide to dispute in their absence.
(2) A complex dispute may give the main arbitrator a decision by three state arbiters, one of which presiding.
(3) If at least one of the parties is financed from the State budget, a representative of the Ministry of Finance shall be invited to the arbitration proceedings; where it is financed from the budget of a national committee, a representative of the financial authority of the national committee whose budget is concerned shall be invited.
State arbitration is not bound by the proposals of the parties; may establish, amend or revoke a legal relationship between the Parties.
Each person shall, at the request of the authorities of the State Arbitration, communicate the data and submit the documents required by the State Arbitration in the performance of his or her duties and testify to it truthfully and completely about all the circumstances to which he or she will be asked.
(1) All material infringements of state, planning or contractual discipline and other deficiencies and deficiencies in the activities of undertakings, organisations and installations of the socialist sector and of the authorities of the state, which have emerged during the arbitration proceedings, are reported by 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 the reply is considered insufficient, it shall urge the implementation of the measure proposed in the report or any other appropriate measure.
(1) A party which has infringed state planning or contractual discipline or has arbitrarily given rise to proceedings or is arbitrarily extending them may impose an order of order of order of up to 100,000 Kcs.
(2) If a person fails to comply with one of the obligations imposed by § 16 or cancels arbitration proceedings, the State arbitrage may, after prior notice, impose an order-by-order fine of up to 50.000 CZK.
(3) If irregularities in the accounting records are revealed in the arbitration proceedings, the principal arbitrator may impose a fine on the responsible manager and the principal (s) of the accounting parties for which such irregularities have been detected up to their monthly salary; If there is a mismatch in another register, he may impose this fine on the manager responsible.
State arbitration decisions are final.
(1) The parties are required to comply with the decision within the time limit specified by the State arbitration.
(2) Decisions not completed within the specified period shall be made by debiting from the bank's bank account of the obligor, if it is for cash, otherwise by administrative or judicial execution. A decision may be taken only if the party concerned has requested that it be enforced within one year of the legal authority of the decision and that the proceedings continue properly.
(3) Persons who have caused the decision not to be complied with may be prosecuted or prosecuted.
The details of the execution of the decision shall be adapted by the Ministry of Justice, Home Affairs and Finance by means of an official decree.
(1) State arbitrage is supervised by the authority in which the State arbitrage is established.
(2) The main arbiter oversees the correctness of the decisions of the State arbiters in its field of competence.
(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 a 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.
(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.
The arbitration fee shall be paid for the proceedings before the authorities of the State Arbitration and for the review of the decision by the main arbitrator (Section 22 (3)) at the request of the Party. A declaration of payment shall be attached by the Party to the arbitration request or to the request for review of the decision. The Minister of Finance shall determine the amount of the arbitration fee by regulation and shall lay down the necessary provisions.
The rights of witnesses and experts shall be governed by the rules applicable to witnesses and experts in legal proceedings.
(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 the state, department and cooperative arbitration and carries out research and control of their work.
Detailed regulations on the organisation, competence and competence of the State Arbitration and on the proceedings before it shall be issued by the main arbitration of the Czechoslovak Republic and shall be published in an official certificate as appropriate.
(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) However, the department arbitration authorities shall not decide on damages arising from contracts for the control of goods between undertakings subject to the Ministry of Foreign Trade; These disputes shall be settled by the courts.
(4) The provisions of § 1, 2, 4 and 7, § 11 (3), § 12, § 15 to 21 and § 24 and 25 shall apply mutatis mutandis to the department arbitration. the department arbitration must also initiate arbitration proceedings at the initiative of the main arbitrator of the Czechoslovak Republic.
(5) The Ministry of Arbitration may, for reasons of suitability, refer the disputes of the State Arbitration at the Regional National Committee to the State Arbitration of the Republic of Czechoslovakia.
(6) 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.
(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.
(1) The provisions of Sections 13 to 32 and 35 of Act No. 99 / 1950 Coll., on Economic Contracts and State Arbitration, Government Decree No. 139 / 1950 Coll., on the Establishment of Regional Arbitration Commissions, on the Organisation and Jurisdiction of Arbitration Commissions and on the Proceedings Before them, and Article 5 of Decree No. 122 / 1951 Coll., on further transfers of competence and other simplifications of public administration are hereby repealed.
(2) Until the provisions laid down in Paragraph 28 (4) have been enacted, the existing ministerial and regional arbitration commissions shall remain in operation and shall comply with the provisions referred to in paragraph 1.
This Regulation shall enter into force on the day of its publication; they shall be implemented by the Prime Minister in agreement with the participating members of the Government.
Zaporocký v. r.
Broad v. r.
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Regulation Information
| Citation | Government Decree No. 47 / 1953 Coll., on State Arbitration |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.06.1953 |
|---|---|
| Effective from | 08.06.1953 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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