Act No. 67 / 1950 Coll.
Law on employment and pay ratios of professional judges, prosecutors and judicial candidates (Judicial Act)
Valid
Effective from 01.04.1950
67.
Law
of 17 May 1950
on the employment and pay ratios of professional judges, prosecutors and judicial candidates (judicial law).
The National Assembly of the Czechoslovak Republic decided on the following Act:
Initial provision.
The purpose of the law.
The law regulates the employment and pay situation of professional judges, prosecutors and judicial candidates in order to ensure the proper performance of the judiciary in the spirit of socialism.
Adjustments to working conditions.
Prosecutors and judges waiting.
Prosecutors.
(1) The provisions of this Part shall apply, with the exception of the provisions of Sections 5 (1), 7 (2), first sentence, 13 (3) and 19 (2) and the amendments referred to in paragraphs 2 to 4, mutatis mutandis to prosecutors.
(2) In the performance of its tasks, the Prosecutor is obliged to protect and strengthen the popular democratic establishment and maintain laws, other regulations and principles of the popular democratic establishment. In the performance of his duties, he shall comply with the Staff Regulations.
(3) Prosecutors shall not be subject to regulations restricting the transitional allocation, translation and transfer to another employee group or to another branch of government.
(4) The Supreme Court exercises disciplinary authority over prosecutors in a Chamber composed of the President of the Supreme Court (his representative), one professional judge appointed at the Supreme Court, one prosecutor and two judges from the people.
The judges are waiting.
The provisions of Sections 4 to 22 of Section 5 to 13 and Sections 17 to 21 of Act No 66 / 1950 Coll., on the employment and pay ratios of civil servants and general regulations issued under those provisions shall apply mutatis mutandis to the working conditions of the judicial candidates.
Adjustment of pay ratios.
Work income.
(1) The remuneration of professional judges, prosecutors and waiting persons (hereinafter referred to as "judges' in this section) shall be determined on the basis of the type of work and its value in the working class.
(2) The Judge shall be classified in the working class according to the type of work relating to the post for which he has been appointed under the Staff Plan.
(3) The working classes, the corresponding basic salary and other working income shall be adjusted by the rules of pay.
Social benefits.
(2) The Government may authorise other social benefits, in particular for judges affected by misfortune and for survivors of the courts, and issue directives on the provision of such benefits.
Administrative precipitation.
The State's claims arising from the employment relationship may be reimbursed by administrative deductions with employment income to the extent and under the conditions laid down in the Staff Regulations.
Final provisions.
Jurisdiction
(1) Unless otherwise provided for in this Act, the competent personal office shall, in the case of a subordinate office authorised by it, take the measures and decisions provided for in this Act and the rules laid down in it.
(2) The judge's candidates are accepted and the judge from the profession (prosecutors) is appointed by the Minister of Justice.
(3) The delegation of administrative functions within the meaning of this Act is responsible for:
1. The President of the Republic, if he is the President of the Supreme Court, the President of the Administrative Court and the Prosecutor General,
2. the Government, if it is the President of the State Court, the Prosecutor and the President of the Regional Courts,
3. the Minister of Justice in other cases.
(4) The Minister of Justice shall withdraw from administrative office.
Exemption from fees and charges.
The lodging of professional judges, prosecutors and judicial candidates in respect of their employment and pay relationships, as well as the protocols drawn up in such cases, shall be exempt from fees and charges for official acts in administrative matters.
Pension insurance.
(1) The provisions on national pension insurance apply to professional judges, prosecutors and judicial candidates and to beneficiaries of resting (provision) salaries from the date of application of this law. However, the pension rights acquired in the public pension scheme before this law is effective remain unaffected.
(2) The Government shall adapt the details by means of a regulation. Before that happens, it is done according to the current regulations.
The pay schedule.
The Rules of Procedure for professional judges, prosecutors and judicial candidates shall be issued by the Government by a regulation which may give a further regulation of the issues which it has essentially governed by the Government Resolution, after having entrusted it to the Minister of Justice.
Transitional provisions.
Transfer to new modification.
(1) Professional Judges, prosecutors and waiting persons who are in active employment on the date of the entry into force of this Act shall, unless otherwise specified, be classified in the relevant working classes within the limits of the provisional labour force plan and receive revenue under this Act instead of any service income under the current rules. The provisional labour force plan shall be established in accordance with Article 3 for a maximum period of one year from the date of entry into force of this Act.
(2) Judges of the second group who will not be appointed to posts before certain courts (prosecutors) no later than three months after the publication of this law, shall be transferred to another employment group or their employment relationship shall be terminated pursuant to Paragraph 13 (2).
(3) Until the transfer to new revenue is made, the advance service revenue shall be paid in accordance with existing rules; any overpayments shall be remitted unless the beneficiary has caused them.
(4) Advances authorised by the Government for the payment arrangements of state and certain other public servants shall also be considered as part of the service revenue under the current rules.
(5) The details of the transfer will be adjusted by the rules of pay.
(6) The Government determines whether and to what extent the allowance to compensate for any difference between current and new revenue is due.
Priceless things.
(1) This law shall also apply to infringements of obligations committed by a professional judge or prosecutor before its effect.
(2) With the exception of the provisions of paragraph 3, the provisions of this Law on disciplinary proceedings are also applicable to the continuation of proceedings in cases pending in the first Chamber. Appeals against decisions given before the date of application of this law shall be decided in accordance with the existing rules.
(3) The disciplinary matters of the judges' candidates before the date of the entry into force of this law, which the disciplinary court has not yet decided before that date in the first chair, shall be dealt with as if the proceedings concerning them had been initiated under the effectiveness of this law. Appeals against decisions given in the disciplinary proceedings of judicial candidates before the application of this law shall be decided on in accordance with the existing rules.
(4) The punishments of disciplinary action imposed in accordance with existing provisions which have not been fully enforced by the date of the entry into force of this Act shall be converted in full or, in respect of their unserved part, into a reasonable financial penalty. The conversion will be pronounced if it comes to a professional judge and prosecutors, a disciplinary court, or a personal office. The reduction of the rest salary for the period specified in the finding remains unchanged.
Repeal of existing regulations.
On the day of the entry into force of this Act, after applicability, all the provisions governing the professional and pay conditions of the professional judges, prosecutors and waiting persons covered by this law shall cease to apply.
Efficiency and execution.
(1) This Act shall take effect on 1 April 1950.
(2) The provisions of this Law apply mutatis mutandis to professional judges before the Administrative Court, with the exception of § 4 (1) No 3, § 19 (1) and (2) and § 23 and 24.
(3) The duties of the Minister of Justice shall be exercised by the President of the Administrative Court in the case of the provisions of Sections 4, 6, 28 and 31 of the Prime Minister, in other cases the President of the Administrative Court; the jurisdiction of the disciplinary court shall be exercised by the administrative court.
(4) This law shall be implemented by the Prime Minister and the Minister of Justice in agreement with the members of the Government involved.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Dr Rais v. r.
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Regulation Information
| Citation | Act No. 67 / 1950 Coll., on the employment and pay ratios of professional judges, prosecutors and judicial candidates (Judicial Act) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.06.1950 |
|---|---|
| Effective from | 01.04.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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