Government Decree No. 7 / 1950 Coll.
Regulations issuing detailed rules on the scope of the financial prosecutors
Valid
Effective from 01.02.1950
7.
Government Regulation
of 24 January 1950
laying down detailed rules on the scope of the financial prosecutors.
The Government of the Czechoslovak Republic hereby orders, pursuant to § 5 paragraph 3 of Act No. 270 / 1949 Coll., on the Financial Prosecutors:
The scope of the financial prosecutors.
(1) The State and the bundles of the People's Administration, the Constitution, Enterprise, Funds and Equipment set up or administered by them are exclusively represented in the proceedings of the judicial financial prosecution; Central national insurance company, national undertakings, municipal enterprises and folk cooperatives only if they have been asked to do so.
(2) The Ministry of Justice may state that other parties are represented by the Financial Prosecutor, either exclusively or only on request, if it considers that such representation is in the interest of the public; even without such a measure, the financial prosecutor may represent the public interest in cases where his representation is not otherwise handled.
In administrative proceedings, the Financial Prosecutor shall represent the parties referred to in Section 1 only if requested by them.
At the request of the parties to whom he is called upon to represent, the Financial Prosecutor shall give them legal opinions and shall cooperate in their legal proceedings and other legal acts.
The Financial Prosecutor shall obtain the authority of the represented party; the specific authorisation of the latter is required for the arrangement of the conciliation and, if it is entitled to recognise or surrender it, unless such acts are likely to be of benefit to the represented party or are of minor importance.
(1) If the interests of the parties to be represented by the financial prosecution in the proceedings are met, the State shall have priority, then the unions of the People's Administration and from them higher than the lower; The same applies to institutes, undertakings, funds and establishments established or managed by the State or by a union of folk administration. In all other cases, the overreach shall decide.
(2) By way of derogation from the provisions of paragraph 1, the Ministry of Justice may determine which party shall be represented by the Financial Prosecutor.
(3) If the interests of the parties in administrative proceedings conflict, the provisions of the preceding paragraphs shall be applied mutatis mutandis.
(1) A Party which is represented exclusively by the Financial Prosecutor may act alone in the proceedings of the undisputed, library, execution, bankruptcy and settlement. However, until this is demonstrated, these proceedings are also deemed to represent the financial prosecutor.
(2) If a party who is represented exclusively by the Financial Prosecutor cannot be represented on a case-by-case basis for the reasons set out in Section 5, it may also act by itself or by an eligible agent in court proceedings.
The jurisdiction of the Financial Prosecutor.
(1) The State in which the jurisdiction of the court is governed by the General Court of the State shall be represented by the Financial Prosecutor in whose jurisdiction the case relates and, in the absence of such a sign, by the Financial Prosecutor in whose jurisdiction the event of the claim in question has occurred. If it is not possible to determine the jurisdiction of the financial prosecutor, the appropriate financial prosecutor is in Prague or Bratislava. To represent the State in other legal proceedings belongs to the Financial Prosecutor, in whose district the court has jurisdiction in the first place.
(2) The Financial Prosecutor shall be called to represent other parties in the proceedings, in whose territory the court has jurisdiction in the first chair; the fact that the Party is represented by the Financial Prosecutor in these proceedings does not alter the general rules of the General Court.
(3) The administrative procedure shall consist of the appropriate financial prosecution, within whose area the public authority is responsible in the first storehouse.
Cost compensation.
(1) The Financial Prosecutor shall charge the costs to the parties he represents, in accordance with the rules applicable to lawyers, but not more than that which would be payable to lawyers at the seat of the represented party.
(2) The Financial Prosecutor shall be entitled to reimbursement of costs against the parties represented pursuant to Paragraph 1 (1) only on request. If this has been stated in a measure taken by the Ministry of Justice pursuant to Paragraph 1 (2), the Financial Prosecutor shall also be entitled to reimbursement in this case. According to the circumstances of the case, the financial prosecution may grant the represented party a reasonable discount, but not over half of the total entitlement.
(3) The costs to the party represented by the Financial Prosecutor against the respondent shall always belong to the Financial Prosecutor.
Efficiency and execution.
This Regulation shall enter into force on 1 February 1950. they shall be carried out by the Minister of Justice in agreement with the participating members of the Government.
Zaporocký v. r.
Dr Cap v. r.
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Regulation Information
| Citation | Government Decree No. 7 / 1950 Coll., issuing detailed regulations on the scope of financial prosecutors |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.01.1950 |
|---|---|
| Effective from | 01.02.1950 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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