Act of the Slovak National Council No. 53 / 1975 Coll.
Law of the Slovak National Council on fines for infringements of legislation on the creation and protection of healthy living conditions
Valid
Effective from 01.10.1975
53
THE LAW
Slovak National Council
of 15 May 1975
on fines for infringements of legislation on the creation and protection of healthy living conditions
The Slovak National Council decided on this law:
Preliminary provisions
Organisations are obliged to take, within their scope, the measures necessary to create and protect healthy living conditions and a healthy way of life and work (longer just "healthy living conditions") to prevent damage to the health and property of citizens and to the nation-economic damage. Fines imposed on organisations and their personnel under this Act are also to be assisted by the implementation of these obligations.
Conditions for the imposition of fines
(1) The fine shall be imposed on the organisation if it fails to comply with the obligation laid down by the law on the creation and protection of healthy living conditions (1) or does not take the measures imposed under that legislation which govern:
(a) care for the healthy environment, the health of food and articles of common use, the healthy development of children and adolescents, and the beneficial effects of the working environment and work on the health of workers;
(b) protection of health in the treatment of poisons and other harmful substances;
(c) protection of health from ionising radiation;
(d) protection against communicable diseases; and
(e) the protection of natural medical baths and natural medical resources.
(2) The fine shall also be imposed on the worker of an organisation which has caused that organisation to fail to fulfil its obligation or to take action under paragraph 1, if not for a criminal offence or offence.
(3) The imposition of a fine pursuant to paragraphs 1 and 2 is without prejudice to the liability of the organisation or the liability of the staff of organisation2) under the rules on compensation.
(4) Where a worker has been fined in accordance with paragraph 2, he may not be fined under other legislation for the same reason.
Amount of the fine
(1) The organisation shall be fined up to 100 000 CZK, an organisation worker up to three times its average monthly earnings; (3) account shall be taken in particular of the degree of threat to healthy living conditions, the extent of harmful consequences and whether the organisation has already threatened healthy living conditions in the past.
(2) The decision imposing a fine on the organisation shall also specify the time limit within which it is to remedy deficiencies. If, within that period, the organisation has not remedied the deficiencies, a further fine shall be imposed on it up to twice the fine imposed under paragraph 1.
Save fines
(1) The fines are imposed on the national district committees and on them by the national committees, hereinafter referred to as "regional national committees." Regulation (EC) No 794 / 2004 of the European Parliament and of the Council of 29 April 2004 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (OJ L 139, 30.4.2004, p. 1).
(2) The penalty may be imposed only within one year from the date on which the competent district national committee became aware that the organisation had not complied with the obligation or had not taken the measure referred to in Paragraph 2 (1), but no later than 3 years from the date on which it was obliged to comply or the measure was taken.
Payment of fines
(1) The fine is paid to the district national committee which imposed it.
(2) The fine shall be payable within 15 days of the date on which the decision to impose it became final. The organisation shall be obliged to pay a penalty payment for each day of delay of one discharge of the unpaid fine.
Deferred payment, reduced and waived fines
(1) The County National Committee which has imposed the fine may allow the payment of the fine or its payment in instalments, reduction or remission.
(2) Deferred payment of the fine or its payment in instalments may be authorised
(a) an organisation where circumstances arise which make it impossible to pay the fine without delay;
(b) a worker who, without his fault, cannot pay the fine at the time of its due and would be too harsh for him to recover without delay.
(3) Reductions or waivers may be permitted where exceptional circumstances arise for which payment of the fine would prove to be disproportionate. The reduction or remission of the fine imposed on the organisation may be subject to the condition that the organisation takes further measures to improve the care of healthy living conditions within the prescribed period. If the organisation fails to comply with this condition, it shall pay both the fine and the penalty payment.
(4) There shall be no appeal against the decision on the application for deferral, payment in instalments, reduction or remission of the fine; the decision cannot be reviewed either in the context of the recovery procedure or outside the appeal procedure.
Application of the proceeds of fines
(1) The fines are the income of the county national committees. The amount of fines shall be used to finance facilities and measures to improve the care of the creation and protection of healthy living conditions and, where appropriate, to finance activities that prevent deficiencies in such care.
(2) For the purposes referred to in paragraph 1, the district national committees may, at their request, make a contribution to the Socialist organisations if they cannot carry out the necessary facilities or measures from their own resources. The contribution may not be granted to an establishment or measure of a normal nature to be provided by the organisation by its own resources.
Relationship with other regulations
The provisions of this Act shall not apply to cases where a fine may be imposed on an organisation or worker under the rules on water management, on measures against air pollution, on state professional supervision of safety at work, on the supervision of the State Mining Administration, on the use of mineral resources and on the labour code. 5)
Efficacy
This Act shall take effect on 1 October 1975.
Stencl v. r.
Ing. Hanus v. r.
1) Act No. 20 / 1966 Coll., on the care of the health of the people, and the legislation on the creation and protection of healthy living conditions issued for its implementation.
2) § 172 et seq. of the Labour Code.
3) Section 275 of the Labour Code.
4) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
5) Decree of the Government of the Slovak Socialist Republic No. 31 / 1975 Coll., on fines for infringement of obligations imposed on the water sector, Act No. 35 / 1967 Coll., on measures against air pollution, Act No. 174 / 1968 Coll., on State Professional Safety Supervision, Act No. 42 / 1972 Coll., on Organisation and Extension of Surveillance of the State Mining Administration, Section 47 (1) (b) of Act No. 41 / 1957 Coll., on the Use of Mineral Wealth, and Section 270a of the Labour Code.
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Regulation Information
| Citation | Act of the Slovak National Council No. 53 / 1975 Coll., on fines for infringements of legislation on the creation and protection of healthy living conditions |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.05.1975 |
|---|---|
| Effective from | 01.10.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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