Act No. 501 / 2004 Coll.
Law amending certain laws in connection with the adoption of an administrative order
Valid
Law
Effective from 01.01.2006
Contents
ČÁST PRVNÍ
Čl. I
㤠66c
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
ČÁST ČTVRTÁ
Čl. IV
ČÁST PÁTÁ
Čl. V
ČÁST ŠESTÁ
Čl. VI
ČÁST OSMÁ
Čl. VIII
ČÁST DEVÁTÁ
Čl. IX
㤠16a
§ 16b
㤠54a
㤠85a
ČÁST DESÁTÁ
Čl. X
ČÁST JEDENÁCTÁ
Čl. XI
㤠9
㤠23a
§ 23b
㤠24b
㤠92a
ČÁST DVANÁCTÁ
Čl. XII
ČÁST ŠESTNÁCTÁ
Čl. XVI
ČÁST SEDMNÁCTÁ
Čl. XVII
ČÁST OSMNÁCTÁ
Čl. XVIII
ČÁST DEVATENÁCTÁ
Čl. XIX
ČÁST DVACÁTÁ
Čl. XX
ČÁST DVACÁTÁ PRVNÍ
Čl. XXI
ČÁST DVACÁTÁ DRUHÁ
Čl. XXII
ČÁST DVACÁTÁ TŘETÍ
Čl. XXIII
㤠13
ČÁST DVACÁTÁ ČTVRTÁ
Čl. XXIV
ČÁST DVACÁTÁ ŠESTÁ
Čl. XXVII
㤠22
ČÁST DVACÁTÁ SEDMÁ
Čl. XXVIII
ČÁST DVACÁTÁ DEVÁTÁ
Čl. XXX
ČÁST TŘICÁTÁ
Čl. XXXI
ČÁST TŘICÁTÁ PRVNÍ
Čl. XXXII
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501
THE LAW
of 24 June 2004
amending certain laws in connection with the adoption of the Administrative Regulation
Parliament has decided on this law of the Czech Republic:
Amendment to the Municipality Act
Act No. 128 / 2000 Coll., on municipalities (municipal establishment), as amended by Act No. 273 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 311 / 2002 Coll., Act No. 313 / 2002 Coll., Act No. 59 / 2003 Coll. and Act No. 22 / 2004 Coll., is amended as follows:
1. In the second sentence of Article 12 (1), the words "on the official plate of the municipal office (§ 112) 'are replaced by the words" on the official desc3b) of the municipal office'.
footnote 3b is replaced by the following:
"3b) § 26 of Act No. 500 / 2004 Coll., Administrative Regulation. '.
2. in § 39 (1), § 65 (2), § 66b (2), § 68 (2), § 93 (1), § 125 (1) and § 127 (4), a reference to footnote (3b) shall be inserted after the words "on the official plate."
3. § 66c reads:
(1) Unless otherwise provided for in this Act, the provisions of the Administrative Rules shall apply to public contracts.
(2) The municipality which is a party to a public contract shall publish it immediately after its conclusion on the official record for at least 15 days. At the same time, a closed public contract will be published in the Regional Legislative Bulletin. Similarly, the amendment of the public contract concluded and its termination shall be carried out.
(3) The public contract concluded must be open to everyone at the municipal authority of the municipality which is its contracting party. "
4. Sections 66d and 66e are deleted.
5. Article 112 shall be deleted;
Amendment of the Regional Act
Act No. 129 / 2000 Coll., on Counties (Regional Establishment), as amended by Act No. 273 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 231 / 2002 Coll., Act No. 404 / 2002 Coll. and Act No. 229 / 2003 Coll., are amended as follows:
1. in Articles 8 (5), 18 (1), 31 (3) and 42 (1), a reference to footnote 2 shall be inserted after the words "on the official plate."
footnote 2 is replaced by the following:
"2) § 26 of Act No. 500 / 2004 Coll., Administrative Regulation. '.
2. Article 71 shall be deleted;
Amendment to the Prague Capital Act
Act No. 131 / 2000 Coll., on the Capital City of Prague, as amended by Act No. 145 / 2001 Coll., Act No. 273 / 2001 Coll., Act No. 320 / 2001 Coll., Act No. 450 / 2001 Coll., Act No. 311 / 2002 Coll., Act No. 312 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 22 / 2004 Coll., is amended as follows:
1. In Article 36 (1), the reference to footnote 11 shall be inserted after the words "hanging on an official plate 'and in the third sentence of Article 45 (4), Article 48 (3), Article 60 (3) and Article 88 (3).
footnote 11a is replaced by the following:
"11a) § 26 of Act No. 500 / 2004 Coll., Administrative Regulation. '.
2. Article 83 shall be deleted;
Amendment to the Act on the right of assembly
Act No. 84 / 1990 Coll., on the right of assembly, as amended by Act No. 175 / 1990 Coll., Act No. 151 / 2002 Coll. and Act No. 259 / 2002 Coll., is amended as follows:
1. In the third sentence of Article 11 (2), the words "notified and 'shall be inserted after the words" is a decision'.
2. In Article 16, the first sentence is replaced by the following: "The provisions of the Administrative Rules on Administrative Procedure shall not apply to proceedings for the prohibition of assembly or the time of its termination pursuant to Article 11, (4), except for the provisions on the formalities for decisions, the written copies of decisions and the correction of obvious errors in the written copies of decisions (4a), and the provisions on legal authority and enforceability. 4b) '.
footnotes 4, 4a and 4b are as follows:
"(4) Part Two and Part Three of the Administrative Order.
(4a) Sections 68 to 70 of the Administrative Code.
(b) Sections 73 to 75 (1) and (2) of the Administrative Regulation. '
Amendment of the citizens' registration law
In Act No. 133 / 2000 Coll., on the registration of residents and birth numbers and on the amendment of certain laws (Act on the registration of residents), as amended by Act No. 2 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 53 / 2004 Coll., the first and second sentences of § 18 are deleted.
Amendment of the Association Act in political parties and political movements
In § 8 of Act No. 424 / 1991 Coll., on association in political parties and political movements, as amended by Act No. 68 / 1993 Coll., Act No. 117 / 1994 Coll. and Act No. 340 / 2000 Coll., paragraph 3 reads:
"(3) Where the Ministry makes a registration, it shall send to the agents of the Preparatory Committee, within the time limit referred to in paragraph 2, a copy of the statutes on which it shall indicate the date of registration and a second copy of the statutes shall be entered in the file with the registration mark. ';
Amendment to the Act on Social Protection for Children
Act No. 359 / 1999 Coll., on Social Protection for Children, as amended by Act No. 257 / 2000 Coll., Act No. 272 / 2001 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 518 / 2002 Coll. and Act No. 222 / 2003 Coll., is amended as follows:
1. In Section 60, the words "Act No 71 / 1967 Coll., on Administrative Procedure (Administrative Order) 'are replaced by the words" Administrative Code'.
2. In Paragraph 64 (2), "Paragraph 49 of the Administrative Regulation 'is replaced by" the provisions of the Administrative Regulation on time limits for the decision to be taken. 54). "
Footnote 54) reads as follows:
"54) § 71 (1) and (3) of the Administrative Regulation."
Amendment of the Act on the organisation and implementation of social security
Act No. 582 / 1991 Coll., on the organisation and implementation of social security, as amended by Act No. 590 / 1992 Coll., Act No. 37 / 1993 Coll., Act No. 160 / 1993 Coll., Act No. 308 / 1993 Coll., Act No. 241 / 1994 Coll., Act No. 118 / 1995 Coll., Act No. 160 / 1995 Coll., Act No. 134 / 1997 Coll., Act No. 220 / 2000 Coll., Act No. 238 / 2000 Coll., Act No. 72 / 1999 Coll., Act No. 133 / 1999 Coll., Act No. 155 / 2000 Coll., Act No. 69 / 1999 Coll., Act No. 18 / 2000 Coll.
1. in Paragraph 4 (2), the second sentence, including footnote 11, is deleted;
2. In Article 5, at the end of point (h), the dot is replaced by a comma and the following point (ch) is added:
"(ch) recover the amounts of pension insurance benefits unduly paid; in so doing, it is entitled to carry out the administrative execution of the decision. ';
3. In Paragraph 6 (4), the dot at the end of point (y) is replaced by "a 'and the following point (z) is added:
"z) procure and submit, at the request of the Czech Social Security Administration, the documents necessary to recover the amounts of pension benefits unduly paid."
4. Paragraph 8 (9) is deleted.
Paragraph 10 shall become paragraph 9.
5. the following Articles 16a and 16b are inserted after Article 16, including footnote 9:
(1) The procedure of the assessment committees for the submission of the opinions referred to in Article 4 (2) shall not apply to the administrative rules, except for the basic rules of administrative activity and the provisions on exclusion from the hearing and decision-making. 9)
(2) The time limit for the issue of the opinion shall be 60 calendar days, unless the authority conducting the proceedings for whose purposes the opinion has been requested provides for a longer time limit. Where the opinion is prevented from being delivered within the time limit set by the first sentence, the chairman of the panel shall immediately inform the authority conducting the proceedings for which the opinion is requested; in such cases, the period referred to in the first sentence shall be extended by up to 30 calendar days, unless otherwise specified by the authority conducting the procedure for which the opinion is requested.
(3) If the person concerned does not undergo an assessment of the health status by an assessment board or designated medical establishment or another expert examination, or refuses to provide any other required synergy necessary for the assessment, the chairman of the assessment committee shall immediately inform the authority conducting the procedure for which the opinion is sought.
Article 16 (a) shall apply mutatis mutandis to the procedure for issuing the opinions referred to in Article 8 (1) in matters of State social support and social welfare, with a period of 30 calendar days.
9) Sections 1 to 8 and 14 of the Administrative Code. '
Article 16a is renumbered Article 16c.
6. the following Section 54a is inserted after Section 54, including footnotes 60a) and 60b):
Order fines pursuant to the Administrative Rules 60a) may, in the course of activities under this Act and under the Social Security Insurance Act and the contribution to the State Employment Policy, 60b) impose only social security authorities; However, this authorisation does not apply if the district social security administration is acting under § 32 (1).
60a) § 62 of the Administrative Code.
60b) Act No. 589 / 1992 Coll., on Social Security Insurance and Contribution to State Employment Policy, as amended. '
7. In Paragraph 56 (3), the words "the general rules on administrative procedures do not apply 'are replaced by the words" the administrative rules do not apply'.
The reference to footnote 11 is deleted.
8. In Article 60 (1), the words "at the initiative of the social security administration 'are replaced by the words" ex officio administrative administration'.
9. In Article 60 (2), the words "at the initiative of the district social security administration 'are replaced by the words" ex officio by the district social security administration'.
10. In Paragraph 81 (2), "at the initiative of the institution 'is replaced by" ex officio'.
11. In Paragraph 82, the following paragraph 8 is inserted after paragraph 7:
"(8) The application may be lodged not earlier than three months before the date on which the citizen applies for the pension benefit. '
12. In Section 83a, the words "and stop 'shall be inserted in the heading after the words" Interruption', the current text shall become paragraph 1 and paragraph 2 shall be added:
"(2) The social security authority shall suspend the proceedings if the application is submitted by more than two months before the deadline referred to in Paragraph 82 (8). Where an application is lodged not more than two months before the time limit referred to in Paragraph 82 (8), the social security authority shall suspend the proceedings and, on the first day of the time limit laid down for the submission of the application in Paragraph 82 (8), the proceedings shall be resumed ex officio. '
13. the following Section 85a is inserted after Section 85, including footnotes 22a) and 22b):
The provisions of the Administrative Rules concerning the parties' comments on the supporting documents of the decision shall not apply in proceedings concerning pension insurance; 22a) the opening of proceedings by the authority 22b) the participants are not normally notified.
(22a) Paragraph 36 (3) of the Administrative Regulation.
22b) Sections 46 and 47 of the Administrative Order. '
14. In Section 86, the following paragraph 4 is added:
"(4) The time limit for the decision to be taken shall be extended, in addition to the periods specified in the Administrative Rules 22d), by the time when the relevant facts are investigated for organisations or foreign pension insurance holders (insurance).
(22d) Paragraph 71 (1) and (3) of the Administrative Regulation. '
15. in Paragraph 104c (2), including the reference to footnote 22c, the following shall be added:
"(2) The provisions of the Administrative Rules initiating the procedure shall not apply to the issue of a payment notice."
footnote 22c reads:
"22c) Sections 46 and 47 of the Administrative Regulation. '.
16. In Paragraph 104ch (4), the words "the general rules on administrative procedures do not apply 'are replaced by the words" the administrative rules do not apply'.
The reference to footnote 11 is deleted.
17. In the first sentence of Paragraph 108, the words "general rules on administrative procedures' are replaced by the words" administrative rules, with the provision of other acts of administrative authorities (34c) being applied mutatis mutandis to the procedure of the organisation or small organisation and only where the nature of the case so permits. '.
The reference to footnote 11 is deleted.
footnote 34c reads:
"34c) Part Four of the Administrative Order. ';
18. In Paragraph 118d, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The social security authorities may impose an obligation to reimburse the costs of proceedings of the party who has caused the infringement of his legal obligation by a lump sum provided for in the specific legislation. ';
Amendment of the Act on the residence of foreigners in the Czech Republic
Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended by Act No. 140 / 2001 Coll., Act No. 151 / 2002 Coll., Act No. 217 / 2002 Coll. and Act No. 222 / 2003 Coll., is amended as follows:
1. In Section 156 (7), the third sentence, including footnote 21, is deleted.
2. In Section 156 (8), the words "Part Four, Sections 2 to 4 and Part Five 'are replaced by the words" Part Two, Titles IX and X'.
3. In Section 168, the words "the Administrative Regulation shall not apply 'shall be replaced by the words" the provisions of the Administrative Rules on Administrative Procedure 24a) shall not apply'.
footnote 24a is replaced by the following:
"(24a) Part Two and Part Three of the Administrative Order. ';
4. Paragraph 169 (2) and (5) are deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3 and paragraphs 6 to 10 shall become paragraphs 4 to 8.
5. Paragraph 169 (7) reads as follows:
"(7) Police will stop the proceedings if a stranger
(a) within the period provided for in Article 76, he shall not take over a residence permit unless he has informed the police within that period that the taking-over is hindered by reasons independent of his will;
(b) who has lodged an application in the territory, shall not take over the residence permit within 30 days of the date of notification unless they have informed the police within that period that the taking-over of the grounds, independent of his will,
(c) who has submitted an application for a residence permit in accordance with § 66 or § 67, fails to fulfil the condition of continuous residence in the territory or the application is made during the period after the end of the stay on a visa for a stay of more than 90 days;
(d) apply for a residence permit in the territory, although it is not entitled to do so under Paragraph 69 (2); or
(e) has submitted a request to extend the period of validity of a long-stay visa or stay on that visa at a time when it is not entitled to do so. ';
Amendment of the Asylum Act
Act No. 325 / 1999 Coll., on Asylum and Amendment to Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, (Act on Asylum), as amended, Act No. 2 / 2002 Coll., Act No. 217 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 519 / 2002 Coll. and Act No. 222 / 2003 Coll., is amended as follows:
1. Article 9, including footnotes 5), 5a), 5b), 5c), 5d), 5e), 5f), 5g), 5h), 5i) and 5j) shall read as follows:
The administrative rules shall apply to the procedure for granting or withdrawing asylum, with the exception of the provisions on service to a service address or an electronic address communicated by a participant, (5) provisions on the service of documents intended for their own use and delivered on request by another means, (5a) provisions on service to addressees who are staying abroad, (5b) provisions on the official record, (5c) provisions on the provision of custody to persons who are unknown to persons and persons who are staying abroad, (5d) provisions on the provision of the service representative, (5e) provisions on the possibility of access to the file, and the procedure for appeal, (5f) on oral hearing, (5g) on the issue of a copy of the decision on request by a party, (5e) on time limits for the decision to be given) and the appeal procedure. 5j)
5) Paragraph 19 (3) of the Administrative Regulation.
(5a) Paragraph 19 (4), (5) and (8) of the Administrative Regulation.
(b) Paragraph 22 of the Administrative Code.
(c) Paragraph 26 of the Administrative Code.
(d) Paragraph 32 (2) (d) of the Administrative Code.
(e) Paragraph 33 (4) of the Administrative Regulation.
5f) Paragraph 38 (2) of the Administrative Regulation.
5g) § 49 of the Administrative Code.
5h) Paragraph 69 (4) of the Second Administrative Order.
5i) Paragraph 71 (1) and (3) of the Administrative Regulation.
5j) Sections 81 to 93 and 152 of the Administrative Regulation. '
2. The following Sections 23a and 23b are inserted after Section 23:
The Ministry does not provide copies of the file or parts thereof.
The Ministry may accept the affidavit of the applicant for asylum instead of submitting the document. In an honest declaration, the asylum seeker shall provide complete and true information. ';
3. The following Section 24b is inserted after Section 24a, including the title:
Official plate
The Ministry shall establish an official record in asylum facilities. ';
4. The following Section 92a is inserted after Section 92:
Where the guardian asks for his or her provision to be revoked by the guardian, the administrative authority shall immediately appoint another guardian. ';
(5) Paragraph 93a (6), including footnote 17, reads:
"(6) Administrative proceedings shall not be subject to the provisions of the Administrative Rules on appeal, decomposition and review procedures. 17)
17) Part Two, Titles VIII and IX and Section 152 of the Administrative Order. '
Amendment of the Broadcasting Act
Contents
ČÁST PRVNÍ
Čl. I
㤠66c
ČÁST DRUHÁ
Čl. II
ČÁST TŘETÍ
Čl. III
ČÁST ČTVRTÁ
Čl. IV
ČÁST PÁTÁ
Čl. V
ČÁST ŠESTÁ
Čl. VI
ČÁST OSMÁ
Čl. VIII
ČÁST DEVÁTÁ
Čl. IX
㤠16a
§ 16b
㤠54a
㤠85a
ČÁST DESÁTÁ
Čl. X
ČÁST JEDENÁCTÁ
Čl. XI
㤠9
㤠23a
§ 23b
㤠24b
㤠92a
ČÁST DVANÁCTÁ
Čl. XII
ČÁST ŠESTNÁCTÁ
Čl. XVI
ČÁST SEDMNÁCTÁ
Čl. XVII
ČÁST OSMNÁCTÁ
Čl. XVIII
ČÁST DEVATENÁCTÁ
Čl. XIX
ČÁST DVACÁTÁ
Čl. XX
ČÁST DVACÁTÁ PRVNÍ
Čl. XXI
ČÁST DVACÁTÁ DRUHÁ
Čl. XXII
ČÁST DVACÁTÁ TŘETÍ
Čl. XXIII
㤠13
ČÁST DVACÁTÁ ČTVRTÁ
Čl. XXIV
ČÁST DVACÁTÁ ŠESTÁ
Čl. XXVII
㤠22
ČÁST DVACÁTÁ SEDMÁ
Čl. XXVIII
ČÁST DVACÁTÁ DEVÁTÁ
Čl. XXX
ČÁST TŘICÁTÁ
Čl. XXXI
ČÁST TŘICÁTÁ PRVNÍ
Čl. XXXII
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Regulation Information
| Citation | Act No. 501 / 2004 Coll., amending certain laws in connection with the adoption of the 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 |
Legal Areas:
Taxes
Finance
International law
International public law
Civil law
Civil law of procedure
Commercial law
Social security law
Industrial rights
Proceedings in social security matters
Self-administration
Administrative authorities
Administrative law
Administrative procedure
State (official) control
Government
Constitutional (state) law
Territorial Authority
General internal administration
The regulation text is for informational purposes only.
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