Act No. 500 / 2004 Coll.
Law of the Administrative Order
Valid
Law
Effective from 01.01.2006
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
HLAVA II
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
ČÁST DRUHÁ
HLAVA I
§ 9
HLAVA II
Díl 1
§ 10
§ 11
§ 12
§ 13
Díl 2
§ 14
Díl 3
§ 15
§ 16
§ 17
§ 18
Díl 4
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
HLAVA III
Díl 1
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
Díl 2
§ 36
§ 37
§ 38
HLAVA IV
§ 39
§ 40
§ 41
HLAVA V
§ 42
§ 43
HLAVA VI
Díl 1
§ 44
§ 45
§ 46
§ 47
§ 48
Díl 2
§ 49
Díl 3
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
Díl 4
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
Díl 5
§ 64
§ 65
§ 66
Díl 6
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
Díl 7
§ 77
Díl 8
§ 79
HLAVA VII
§ 80
HLAVA VIII
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
HLAVA IX
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
HLAVA X
§ 100
§ 101
§ 102
HLAVA XI
Díl 1
§ 103
§ 104
§ 105
Díl 2
§ 106
Díl 3
Oddíl 1
§ 107
§ 108
§ 109
§ 110
§ 111
§ 112
§ 113
§ 114
§ 115
§ 116
§ 117
§ 118
Oddíl 2
§ 119
Oddíl 3
§ 120
§ 121
§ 122
§ 123
§ 124
§ 125
§ 126
§ 127
§ 128
Oddíl 4
§ 129
ČÁST TŘETÍ
HLAVA I
§ 130
§ 131
§ 132
§ 133
§ 134
§ 135
HLAVA II
§ 136
HLAVA III
§ 137
§ 138
§ 139
HLAVA IV
§ 140
§ 141
§ 142
§ 143
§ 144
§ 145
§ 146
HLAVA V
§ 147
HLAVA VI
§ 148
§ 149
§ 150
§ 151
HLAVA VII
§ 152
§ 153
ČÁST ČTVRTÁ
§ 154
§ 155
§ 156
§ 157
§ 158
ČÁST PÁTÁ
§ 159
§ 160
§ 161
§ 162
§ 163
§ 164
§ 165
§ 166
§ 167
§ 168
§ 169
§ 170
ČÁST ŠESTÁ
§ 171
§ 172
§ 173
§ 174
ČÁST SEDMÁ
HLAVA I
§ 175
§ 176
§ 177
§ 178
HLAVA II
§ 179
§ 180
§ 181
§ 182
§ 183
ČÁST OSMÁ
§ 184
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500
THE LAW
of 24 June 2004
Administrative rules
Parliament has decided on this law of the Czech Republic:
INTRODUCTORY PROVISIONS
SUBJECT MATTER OF THE ADJUSTMENT
(1) This law regulates the procedure of executive, local and local authorities (1) and other authorities, legal and natural persons, in so far as they exercise their powers in the field of public administration (hereinafter referred to as "administrative authority").
(2) This law or its individual provisions shall apply unless a separate law provides otherwise.
(3) This law shall not apply to legal acts carried out by administrative authorities and to relations between the authorities of the same local authority in the exercise of their separate powers.
BASIC PRINCIPLES OF THE ACTIVITIES OF THE ADMINISTRATIVE AUTHORITIES
(1) The administrative authority shall act in accordance with the laws and regulations and international treaties which form part of the legal order (hereinafter referred to as "the legislation"). Where the law refers to the law, it also means an international treaty, which is part of the rule of law.
(2) The administrative authority shall exercise its powers only for those purposes for which it has been entrusted by law or by law and to the extent that it has been entrusted to it.
(3) The administrative authority shall examine the rights acquired in good faith, as well as the legitimate interests of persons affected by the administration's activities on a case-by-case basis (hereinafter referred to as "the person concerned '), and may intervene in such rights only under the conditions laid down by law and to the extent necessary.
(4) The administrative authority shall ensure that the solution adopted is in line with the public interest and corresponds to the circumstances of the case in question, as well as that there are no unfounded differences in the decision-making of the same or similar cases.
If there is no other law, the administrative authority shall proceed in such a way as to establish the situation of a case of which there are no reasonable doubts, to the extent necessary to comply with the requirements set out in Section 2.
(1) Public administration is a public service. Any person carrying out tasks arising out of the administration's competence shall be obliged to be polite to the persons concerned and to comply with them as far as possible.
(2) The administrative authority shall, in the context of its action, provide the person concerned with adequate information on his or her rights and obligations, where this is necessary in view of the nature of the action and personal circumstances of the person concerned.
(3) The administrative authority shall inform the persons concerned sufficiently in advance of the action it has taken, if it is necessary to defend their rights and does not jeopardise the purpose of the action.
(4) The administrative authority shall allow the persons concerned to exercise their rights and legitimate interests.
Where the nature of the present case so permits, the administrative authority shall endeavour to make an amicable attempt to eliminate any discrepancies which impede the proper hearing and decision of the case.
(1) The administrative authority shall deal with matters without undue delay. If the administrative authority does not act within the legal period or within a reasonable period, if the legal period is not set, the provisions on protection against inaction shall apply to remedy (Paragraph 80).
(2) The administrative authority shall act in such a way as not to impose unnecessary costs on anyone and shall as little burden on the persons concerned as possible. The administrative authority shall give priority to the supporting documents using the official records to which it has access. It only requires documents from the person concerned if the legislation so provides.
(1) The persons concerned are of equal status in the exercise of their procedural rights. The administrative authority shall proceed impartially with the persons concerned and shall require all persons concerned to carry out their procedural obligations equally.
(2) Where equality between the persons concerned could be jeopardised, the administrative authority will take the measures necessary to ensure it.
(1) The administrative authorities shall ensure that all procedures which take place simultaneously are consistent with the same rights or obligations of the person concerned. The person concerned shall be obliged to notify the administrative authorities without delay of the fact that several such procedures are being carried out at the same time with different administrative or other public authorities.
(2) The administrative authorities cooperate with each other in the interests of good administration.
GENERAL PROVISIONS ON ADMINISTRATIVE MANAGEMENT
ADMINISTRATIVE MANAGEMENT
Administrative proceedings shall be the procedure of an administrative authority the purpose of which is to take a decision establishing, amending or repealing the rights or obligations of a particular person or declaring, in a particular case, that such person has rights or obligations.
ADMINISTRATIVE AUTHORITIES
Jurisdiction of administrative authorities
Jurisdiction
Administrative authorities shall have the power to act and decide on matters which have been entrusted to them by law or by law.
Local jurisdiction
(1) The local jurisdiction of the administrative department is determined
(a) in proceedings relating to the activity of a party (§ 27), the place of activity;
(b) in property proceedings, the place where the property is situated;
(c) in other proceedings concerning the business of a party who is a natural person, the place of business, 2)
(d) in other proceedings concerning a natural person, the place of residence of the natural person, (3) or the place of residence in the Czech Republic according to the type of stay of the foreigner (4) (hereinafter referred to as the place of residence); if the natural person does not have a permanent residence in the Czech Republic, the local jurisdiction is determined by the last known place of residence in the Czech Republic,
(e) in other proceedings relating to a legal person, the place of its registered office or the place of registered office of its organisational unit; (5) with a foreign legal person, the local jurisdiction of the administrative authority shall be determined by the registered office of its organisational unit established in the Czech Republic; after cancellation of the organizational component, local jurisdiction is determined by the last seat of the organizational component in the Czech Republic.
(2) Where there are more than one administrative authority responsible locally and it is not otherwise assessed, the procedure shall be carried out by the first of them to whom the application has been lodged or which has been the first of its own voices. In other cases or where the conditions of local jurisdiction cannot be determined, the local jurisdiction shall be determined by a resolution closest to the joint management body. If there is no such authority, the local jurisdiction shall be determined by a resolution of the Central Administrative Office, (6) the jurisdiction of which the decision falls.
Submission for non-jurisdiction
If the submission (Paragraph 37) to an administrative authority which is not legally or locally competent, it shall, without delay, forward it to the competent administrative authority by order and shall inform the person who made the submission (hereinafter referred to as "the feeder ') thereof. If the administrative authority to which the application has been referred is not competent in substance or locally, it may, by order, refer it to another administrative authority or return it only with the consent of its superior administrative authority. Orders issued pursuant to this provision shall only be entered in the file.
Request
(1) The competent administrative authority may, by way of a resolution, request a subordinate or superior administrative authority or other competent administrative authority (hereinafter referred to as the requested administrative authority) to carry out an act which it could carry out with difficulty or without purpose or which it could not carry out at all. This order shall be served only on the requested administrative authority and shall not be appealed against.
(2) The requested administrative authority shall carry out the requested action as well as the actions which ensure the purpose of the request.
(3) The requested administrative authority shall act without undue delay. If the action cannot be carried out without delay, it shall be carried out by the requested administrative authority within 30 days of receipt of the request. If the requested administrative authority is unable to comply with the deadline, the superior administrative authority may, upon its proposal, extend the deadline for the period strictly necessary.
(4) Should the request be contrary to the law, the requested administrative authority shall, by a resolution which shall only be noted in the file, refuse to take action and inform the requesting administrative authority accordingly. The requested administrative authority which is not in the relationship of subordination with the requesting authority may also refuse to carry out the operation because its execution would seriously jeopardise the performance of its own tasks or because the execution of the request would require disproportionate costs. The request may be refused only with the prior agreement of the management authority.
(5) The requested administrative authority shall be authorised under Paragraph 136 (4).
(6) Requests abroad are governed by specific legislation. 7)
Exclusion from discussion and decision-making
(1) Any person directly involved in the exercise of the authority of an administrative authority (hereinafter referred to as the "official person"), which can reasonably be assumed to have such an interest in the outcome of proceedings, in respect of his or her relationship with the case, in respect of the parties to the proceedings or their representatives, for which the outcome of the proceedings may be doubted, is excluded from all proceedings in respect of which the outcome of the proceedings could be affected.
(2) The official person shall not be excluded in accordance with paragraph 1 where the doubt about his or her unfairness is raised by his or her professional relationship with the State or the territorial authority.
(3) A party may object to the bias of the official as soon as it becomes aware of it. The objection shall not be taken into account if the party to proceedings for exclusion has been shown to have known but has not raised the objection without undue delay. The objection shall be decided without delay by a resolution of the official superior or of a similar person (hereinafter referred to as "the Chief ').
(4) An official person who becomes aware of the circumstances suggesting that he or she is excluded shall immediately inform his or her superior of them. Until such time as the representative assesses whether an official person is excluded and carries out the necessary tasks, that person may only carry out such actions which are not subject to a delay.
(5) The representative official who is excluded shall immediately designate another official person who is not excluded in relation to subordination. The resolution will only be noted in the file. If it is not possible to identify anyone else, it shall immediately inform the superior administrative authority thereof and forward the file to him. The competent administrative authority shall proceed in accordance with Paragraph 131 (4).
(6) The official person who took part in the proceedings at another stage shall also be excluded. The reason for the exclusion is not to participate in the operations prior to the initiation of the procedure or to exercise an inspection carried out under a special law.
(7) The provisions of the preceding paragraphs shall not apply to central administrative heads.
(8) Paragraphs 1 to 5 shall apply mutatis mutandis to experts and interpreters.
Management of administrative procedures and acts
Management
(1) Individual procedural acts shall be done in writing, unless otherwise provided in the law or the nature of the case so excluded. Individual communications may be made orally in respect of the party present in the course of the proceedings, unless he insists on the written procedure. The content of the non-written operations shall be recorded in the file, unless otherwise provided for by the law.
(2) The administrative authority's actions in the proceedings are carried out by the official persons authorised to do so under the internal rules of the administrative authority or authorised by the management authority (hereinafter referred to as "authorised officials").
(3) Authorised officials shall be obliged to keep confidential the facts which they have learned in connection with the proceedings and which, in order to ensure the proper performance of public administration or in the interests of other persons, require that they remain secret, unless otherwise provided for by law. This obligation shall be waived only for reasons laid down by a special law or if the person concerned is given the consent. This is without prejudice to the provisions of the special laws on confidentiality exemption.
(4) An entry shall be made in the file on the case concerned and the administrative authority shall inform the party concerned on request. The authorised official person shall, at the request of the party to proceedings, communicate his name, surname, service or similar mark and in which the organisational department of the administrative department is included. 9)
Language of the case
(1) The proceedings shall be conducted and the documents shall be drawn up in the Czech language. The parties may act and the documents may be presented in Slovak.
(2) Documents drawn up in a foreign language shall be submitted by the party to the proceedings in the original version and at the same time in an officially certified translation into the Czech language, unless the administrative authority informs the party that it does not require such a translation. Such a declaration may be made by the administrative authority on its official record and for an indefinite number of proceedings in the future.
(3) Anyone who declares that he is not in control of the language in which the hearing is held has the right to interpreter10) entered in the list of interpreters to be provided at his own expense. In the application procedure, the applicant, who is not a citizen of the Czech Republic, will obtain the interpreter at his own expense, unless the law provides otherwise. 11)
(4) A citizen of the Czech Republic belonging to a national minority who traditionally and long-term lives in the territory of the Czech Republic, 12) has the right to make submissions and act in the language of his national minority. If the administrative authority does not have an official person familiar with the language of a national minority, that citizen shall obtain an interpreter on the list of interpreters. The costs of interpretation and the costs of obtaining translation in this case shall be borne by the administrative authority.
(5) The deaf users of the Czech sign language are appointed by the administrative authority to the interpreter of the Czech sign language according to the special legislation13). The deaf person who prefers the Czech language establishes a mediator who is able to communicate with her through communication systems based on the Czech language according to her own choice.
The deaf-blind person will be appointed a mediator who can communicate with her through the communication systems of deaf and deaf blind persons at her own choice. The mediator is established under the same conditions as the interpreter of the Czech sign language (13). The provisions of the interpreter or intermediary shall be laid down by the administrative authority in a resolution which shall be notified only to the persons concerned.
File
(1) There's a file in every case. Each file shall be marked with a file mark. The file shall consist in particular of submissions, protocols, records, written copies of the decision and other documents relating to the case. The annex included in the file shall include, in particular, means of proof, visual and audio records and records on electronic media. The file shall contain an inventory of all its components, including annexes, specifying the date on which they were entered in the file.
(2) Where the requested files are sent in a postal consignment, the sending administrative authority must choose a postal service which includes the confirmation of the lodging and delivery of the postal consignment.
(3) In order to protect classified information and to protect other information covered by a statutory or recognised obligation of confidentiality, part of the documents or records shall be kept separately from the file in cases provided for by law. Documents or records containing classified information which have been provided to the administrative authority by the Czech Police or intelligence services shall be kept separately from the file. Documents or records kept separately from the file shall not be subject to the provisions of this or any other law of inspection.
(4) Where the competent administrative authority has not performed a file service, it shall, by legal authority, forward the file to the administrative authority which carries out the file service for it.
Protocol
(1) The minutes of the oral hearing (Paragraph 49) and of the oral hearing, the hearing of the witness, the hearing of the expert, the carrying out of the document and the examination, if they are carried out outside the oral hearing, as well as of other acts relating to the proceedings in the case in which the parties are brought in contact shall be drawn up. In addition to the protocol, an image or audio recording may also be made.
(2) The Protocol shall include in particular the place, time and description of the acts which are the subject of the registration, the information enabling the persons present to be identified, the description of the operations in question, the administrative authority's designation and the name, surname and function or the official official's official number of the operations carried out. Information enabling the identification of a natural person shall be understood as the name, surname, date of birth and place of permanent residence and, where appropriate, any other indication under a special law.
(3) The Protocol shall be signed by the authorised official or, where appropriate, by the person responsible for drawing up the Protocol and by any person who has taken part in the negotiation or execution of the act. The refusal of signature, the grounds for refusal and the objection to the content of the Protocol shall be recorded in the Protocol.
(4) Other persons directly concerned by the content of the Protocol may lodge a complaint against the content of the Protocol (Paragraph 175) as soon as they have been notified of the Protocol.
(5) Corrections to obvious errors, which are in particular errors in writing and figures, are made in the Protocol by an authorised official who confirms them by his signature. Each repair shall be made in such a way that the original entry remains legible. The parties to proceedings shall be informed of the correction if it is of legal importance.
(6) In the case of corrections other than those referred to in paragraph 5, a decision to make a correction shall be taken by a resolution which shall only appear on the file.
Service
Common provisions on service
(1) The document shall be served by the administrative authority which made it. The administrative authority shall deliver the document via the public data network to the data box 13a). If the document cannot be served in such a way, it may be served by the administrative authority itself; in cases provided for by law, the document may be served by means of a municipal authority, equivalent to that of an administrative authority (14) (hereinafter referred to as the "municipal authority ') or by a police authority responsible for the place of service; If the competent authority of the municipality is in proceedings, the document may be served by the municipal police.
(2) If it is not possible to deliver the document via the public data network to the data box 13a), it can also be delivered via the postal operator. The administrative authority shall elect a postal service to result from a closed postal contract (15), the obligation to deliver a postal consignment containing a document in a manner consistent with the requirements of this law for the service of the document.
(3) If it is not possible to deliver the document via the public data network to the data box 13a), the administrative authority may send the document to the data box of the public administration contact point 43), which transmits the document through the authorised conversion of documents 13a) and delivers the document which is its output; paragraphs 1 and 2 shall apply mutatis mutandis. When sending the document to the data box of the public administration contact point, the administrative authority shall determine the means of service to the addressee. The contact point of the public administration shall immediately send the administrative authority a document of service of the document, if necessary for the procedure, or a certificate of impossibility of service of the document and the reasons for the failure to deliver it. For the purposes of the procedure referred to in the first sentence, the administrative authority shall delegate the exercise of its competence in the field of service to the public administration contact point. The scope may be delegated by a public contract or agreement between administrative authorities pursuant to Paragraph 160 (3) with effects for future service, provided that the administrative authority chooses the procedure provided for in this paragraph in the case in question. The conclusion of a public contract or agreement under the previous sentence shall not require the consent of the superior administrative authority.
(4) Where the law or nature of the case does not rule this out, the administrative authority shall, at the request of the party to proceedings, deliver to the service address or e-mail address communicated to it by the party to proceedings, in particular if it can help to speed up the proceedings; such an address may also be communicated for proceedings which may be initiated with the same administrative authority in the future.
(5) The documents referred to in Article 59 (72) (1) shall be served on the addressee's own hands, documents on which a special law so provides, and other documents, if the authorised official person so commands.
(6) It shall also be served on a document which threatens to be issued to another party who has a conflicting interest in the matter. Where a document is served on another party who has an conflicting interest in the case, the document shall be deemed to have been served only if the addressee of the document accepts the receipt of the document from the recipient or if it is apparent from his procedure that it has been served on him.
(7) Where the procedure requires proof of service, a written document certifying that the document has been served or that a postal consignment containing the document has been delivered, including the date on which it was delivered, shall be provided. If delivery cannot be proved, it must be delivered repeatedly. However, there is no need for written proof of service or delivery where it is apparent from the party's action in the proceedings that it has been served on him.
(8) Carriers shall be entitled to establish the identity of the addressee and of the persons entitled to take over the document for him. These persons are required to present an identity card (§ 36 (4)) at the request of the service provider. If the bearer carries out acts under this law, he shall have the status of official person and duties as carrier of postal secrecy under the special law. 17)
(9) The documents referred to in paragraph 5 shall be delivered, at the request of the addressee, by another means in accordance with this law; in that case, the document shall be served on the third day following the date on which it was dispatched. In the case of service to an electronic address, the document shall be served when the receipt of the document is confirmed by the addressee by a data message signed by the addressee. If the addressee does not confirm receipt of the document no later than the following working day after the dispatch of the message which has not been returned as non-reportable (paragraph 10), the administrative authority shall deliver the document as if the addressee had not requested notification to the electronic address.
(10) Where it has not been possible to service a document delivered to the addressee's electronic address pursuant to paragraph 4 or 9, since the data message has returned as unredeemable, the administrative authority shall immediately make a further attempt to service it; If another attempt to deliver is unsuccessful, it shall deliver a document as if the addressee had not requested it to the e-mail address.
Service to natural persons
(1) A document shall be served on the natural person to the address for service (§ 19 (4)), to the address registered in the population registration information system to which he or she is to be served 17a), to the address of his or her permanent residence, to the place of business or to the place of business, or to the e-mail address of the public data network; However, it may be delivered to a natural person wherever it is found. Where the service is carried out by an administrative authority itself, the persons carrying out the service may also deliver outside the territorial district of that administrative authority.
(2) A document which is served in its own hands may be delivered to the addressee or to any person who has been authorised by the addressee to accept the document by written full authority with an officially certified signature; no official verification is necessary if the authorisation has been granted before the service authority.
(3) A document which is not delivered into its own hands and the receipt of which is to be confirmed by the recipient may be served directly or by the transmission to the addressee of another appropriate natural person residing, acting or employed in the same place or its surroundings who agrees to transmit the document to the addressee.
(4) A document which is not delivered into its own hands or whose service is not to be confirmed by the consignee may be served by entering the document in the addressee's home box or by any other appropriate place or in the manner referred to in paragraph 3.
(5) The service of a document relating to the business of a natural person and which is served at the address of the place of business, 2) shall be treated mutatis mutandis in accordance with Paragraph 21.
(6) A document addressed to a lawyer, including a document served in his own hands, may also be accepted by lawyers' associates or other members of his staff. Where a lawyer is engaged together with other lawyers, a document, including a document served in his own hands, may also be handed over to such lawyers, their lawyers or other members of their staff. Where a lawyer is engaged as a member of a public company, a document addressed to the lawyer, including a document served in his own hands, may also be accepted by other members of the company, by law associates or other members of his staff. The first to third sentence shall apply mutatis mutandis to the service of the document to the notary, the judicial executor and any other person who provides legal assistance under special laws. The provisions on the service of legal persons (Paragraph 21) apply mutatis mutandis to the service of a document to a lawyer, notary, judicial executor and other person providing legal assistance under special laws.
Service to legal persons
(1) A document shall be served on the legal person at the address for service (§ 19 (4), at the address of his seat (2) or at the registered office of his organisational body concerned by the proceedings; for a foreign legal person, it shall be delivered to the address of the registered office of its organisational body established in the Czech Republic, where the document relates to the activity of that branch. When delivered via a public data network, it shall be delivered to the electronic address of the legal person. In other cases, documents shall be served on foreign legal persons in the manner set out in Section 22.
(2) A document which is served on its own shall be entitled to take over the authorities and persons referred to in Paragraph 30 or other persons entrusted with accepting the documents.
(3) A legal person may not ask to be forgiven for missing an act stating that no one is staying at the address of his or her registered office. However, where no one has been contacted at that address, the administrative authority may forward the document to the persons referred to in Paragraph 30.
(4) A document which is not delivered into its own hands and the takeover of which is to be confirmed by the beneficiary may be served on the natural person who is entitled to take over the document as the addressee, the natural person who confirms the receipt of the document by the stamp of the addressee and, where appropriate, the other appropriate natural person residing, acting or employed in the same place or its surroundings, who agrees to forward the letter to the addressee.
(5) A document which is not delivered into its own hands and whose takeover is not to be confirmed by the consignee may be served by entering the document in the addressee's home box or any other appropriate place or in the manner referred to in paragraph 4.
(6) The provisions of paragraphs 1 to 5 shall apply mutatis mutandis to service to administrative and other public authorities.
Service abroad
Addresses staying abroad or whose registered office or residence, or any other address for service referred to in Article 19 (4), may be served by means of a postal operator or by the competent authority responsible for service of documents abroad. If the document cannot be served in this way, the administrative authority shall appoint a guardian [Paragraph 32 (2) (d)].
Storage
(1) If, in the case of service pursuant to Paragraph 20, the addressees were not contacted and the document could not be served in any other way permitted under Section 20, the document shall be deposited.
(2) If, in the case of service pursuant to Paragraph 21, no person has been found to be able to service the document and the document could not be served by any other means permitted under Section 21, the document shall be deposited.
(3) The document shall be deposited:
(a) the administrative department which has drawn it up; or
(b) at the municipal office or at the establishment of the postal service operator, where served through them.
(4) The addressee shall be invited, by entering a notice of failure to service the document in the home box or another appropriate place, to collect the document in question within 10 days; at the same time it shall be informed where, from when and at which time of the day the document may be collected. If possible and if the administrative authority has not ruled this out, the document shall be placed in the home box or any other appropriate place after 10 days; otherwise return to the administrative department which prepared it.
(5) At the same time as the notification referred to in paragraph 4, the addressee shall be informed in writing of the legal consequences that his possible conduct under Paragraph 24 (1), (3) and (4) would give rise to or the possibility of proceeding under Article 24 (2). This instruction shall include the indication of the administrative authority which sends the document and its address.
Obstacles on delivery
(1) If the addressee of the document deposited does not collect the document within 10 days of the date on which it was ready for collection, the document shall be deemed to have been served on the last day of that period.
(2) If the addressee proves that, for a temporary absence or for any other serious reason, he has not been able to obtain the document in question within the prescribed time limit, he may, under the conditions laid down in Paragraph 41, request the determination of the invalidity of service or the time at which the document was served.
(3) Where the addressee of a document which is a natural person or of a natural person to be transmitted to a document addressed to a legal person makes it impossible for an attempt to service the document by refusing to take it over or not providing the synergies necessary for its proper service, the latter shall be informed of the legal consequences arising from its conduct referred to in paragraph 4; However, there is no need for a new lesson if it has already been received by the addressee under Paragraph 23 (5).
(4) If the person referred to in paragraph 3 makes the transmission impossible or if, despite the information provided for in Article 23 (5) or paragraph 3, he or she does not allow service, the document shall be deemed to have been served on the date on which the unsuccessful attempt to service took place.
Service by public decree
(1) Persons of unknown residence or registered office and persons who have proven unable to deliver, as well as persons who are not known, and in other cases provided for by law shall be served by a public decree.
(2) Service by a public order shall be effected by posting the document or, where appropriate, the notice of the possibility of taking over the document on the official record of the administrative authority which service the document; The date of the hanging shall be indicated on the document. The document or notification shall also be made public in a way that allows remote access. On the 15th day following the publication of the notice, the document shall be deemed to have been served if the obligation laid down in the second sentence has also been fulfilled within that period.
(3) If the procedure in which a public order is served in the administrative districts of several municipalities is the case, the administrative authority which delivers the document shall also send it to the competent municipal authorities, which shall immediately post the document on its official records for a period of at least 15 days, at the latest on the date of publication. The date of the hanging shall be the date of the hanging on the official plate of the administrative department delivering the document. Otherwise, the provisions of paragraph 2 shall apply mutatis mutandis.
(4) Where a public decree concerns a matter of the rights of members of national minorities and where a committee on national minorities or another authority on matters of national minorities is set up in the administrative district of the administration, the public decree shall also be published by the administrative authority in the language of the relevant national minority.
(5) Natural persons exercising their powers in the field of public administration shall be served by a public order by means of an official record of the municipal office at the place of enforcement.
Official plate
(1) Each administrative authority shall establish an official record which shall be kept publicly available. A single official plate shall be established for the authorities of the local authority. The content of the official plate shall also be published in a way that allows remote access.
(2) The provisions of paragraph 1 shall not apply to natural persons exercising the competence of an administrative authority, with the exception of commercial natural persons for whom the exercise of that competence is related to the subject of business.
(3) Where the administrative authority is not in a position to ensure publication of the content of an official plate in a way which allows remote access in accordance with paragraph 1, the person referred to in Article 160 (1), of which that administrative authority is part, shall conclude a public contract with an enlarged municipality in whose administrative district he has his registered office (§ 160) on the publication of the contents of the official plate in a manner that allows remote access.
(4) If the public contract referred to in paragraph 3 is not concluded, the municipal office shall be treated in accordance with a special law. 18) In the case of another administrative authority, the superior administrative authority shall decide that it will carry out this duty itself or that it will be entrusted by another subordinate to the competent administrative authority in its administrative district. The decision of the superior administrative authority shall be published for at least 15 days on the official plate of the administrative authority which has not complied with the obligation.
INTERESTED PARTIES
Interested parties
(1) The parties (hereinafter referred to as "the party") are:
(a) in the application procedure, the applicant and other persons concerned to whom a decision of the administrative authority must apply to the Community of rights or obligations with the applicant;
(b) in an ex officio procedure, the persons concerned to whom the decision is to establish, amend or revoke the right or obligation or declare that they have or do not have a right or obligation.
(2) Participants shall also be other persons concerned where they may be directly affected by the decision in their rights or obligations.
(3) Participants are also persons covered by a special law. Unless otherwise provided for in a special law, they shall have the status of participants in accordance with paragraph 2, unless the decision is to establish, amend or revoke a right or an obligation or declare that they have or do not have a right or obligation; in that case, they shall have the status of participants in accordance with paragraph 1.
(1) Any party who claims to be a participant will also be considered a participant in doubt until proven otherwise. The administrative authority shall issue a resolution which shall be notified only to the person whose participation in the proceedings has been decided and the other participants shall be informed thereof. The procedure provided for in the previous sentence shall not preclude further consideration and decision of the case.
(2) Where a person who has been decided not to be a party to the order has lodged an appeal against that order and has, in the meantime, failed to act as a party, he shall be entitled to take such action within 15 days of notification of the decision on appeal; Paragraph 41 (6) of the second sentence applies mutatis mutandis.
Proceedings
(1) Everyone is competent to act separately in the proceedings (hereinafter referred to as "procedural capacity") to the extent that the law grants him the right to exercise his power. 19) Paragraph 28 shall apply mutatis mutandis.
(2) Persons limited in their capacity do not have procedural capacity within the scope of that limitation. 20)
(3) The administrative authority may give an opportunity to a natural person who does not have a procedural capacity to make observations in the course of the proceedings.
(4) In proceedings involving a minor child who is able to express his or her views, the administrative authority shall proceed to establish the opinion of the minor child in the matter. To this end, the administrative authority shall give the child the opportunity to be heard either directly or through a representative or a competent body of the social legal protection of children. If the child's interest so requires, his or her opinion may be established without the presence of parents or other persons responsible for raising the child. In that case, the administrative authority shall add another suitable adult to the act. The child's opinion shall be taken into account by the administrative authority, taking into account his age and reasonable maturity.
(5) Acts relating to common cases or rights shall be taken jointly by participants, unless there is something else under the Special Law (21).
Acts of a legal person
(1) On behalf of a legal person, acts shall be carried out by those who are entitled to do so in proceedings before a court under a special law. 22)
(2) In the same case, only one person may act as a legal person simultaneously.
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
HLAVA II
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
ČÁST DRUHÁ
HLAVA I
§ 9
HLAVA II
Díl 1
§ 10
§ 11
§ 12
§ 13
Díl 2
§ 14
Díl 3
§ 15
§ 16
§ 17
§ 18
Díl 4
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
HLAVA III
Díl 1
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
Díl 2
§ 36
§ 37
§ 38
HLAVA IV
§ 39
§ 40
§ 41
HLAVA V
§ 42
§ 43
HLAVA VI
Díl 1
§ 44
§ 45
§ 46
§ 47
§ 48
Díl 2
§ 49
Díl 3
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
§ 57
Díl 4
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
Díl 5
§ 64
§ 65
§ 66
Díl 6
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
Díl 7
§ 77
Díl 8
§ 79
HLAVA VII
§ 80
HLAVA VIII
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
HLAVA IX
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
HLAVA X
§ 100
§ 101
§ 102
HLAVA XI
Díl 1
§ 103
§ 104
§ 105
Díl 2
§ 106
Díl 3
Oddíl 1
§ 107
§ 108
§ 109
§ 110
§ 111
§ 112
§ 113
§ 114
§ 115
§ 116
§ 117
§ 118
Oddíl 2
§ 119
Oddíl 3
§ 120
§ 121
§ 122
§ 123
§ 124
§ 125
§ 126
§ 127
§ 128
Oddíl 4
§ 129
ČÁST TŘETÍ
HLAVA I
§ 130
§ 131
§ 132
§ 133
§ 134
§ 135
HLAVA II
§ 136
HLAVA III
§ 137
§ 138
§ 139
HLAVA IV
§ 140
§ 141
§ 142
§ 143
§ 144
§ 145
§ 146
HLAVA V
§ 147
HLAVA VI
§ 148
§ 149
§ 150
§ 151
HLAVA VII
§ 152
§ 153
ČÁST ČTVRTÁ
§ 154
§ 155
§ 156
§ 157
§ 158
ČÁST PÁTÁ
§ 159
§ 160
§ 161
§ 162
§ 163
§ 164
§ 165
§ 166
§ 167
§ 168
§ 169
§ 170
ČÁST ŠESTÁ
§ 171
§ 172
§ 173
§ 174
ČÁST SEDMÁ
HLAVA I
§ 175
§ 176
§ 177
§ 178
HLAVA II
§ 179
§ 180
§ 181
§ 182
§ 183
ČÁST OSMÁ
§ 184
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Regulation Information
| Citation | Act No. 500 / 2004 Coll., Administrative Order |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.09.2004 |
|---|---|
| Effective from | 01.01.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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