Act No. 71 / 1967 Coll.
Law on Administrative Procedure (Administrative Regulations)
Valid
Effective from 01.01.1968
Contents
Část první
Oddíl 1
§ 1
§ 2
Oddíl 2
§ 3
§ 4
Část druhá
Oddíl 1
§ 5
§ 6
§ 7
§ 8
Oddíl 2
§ 9
§ 10
§ 11
§ 12
§ 13
Oddíl 3
§ 14
§ 15
Oddíl 4
§ 16
§ 17
Část třetí
Oddíl 1
§ 18
§ 19
§ 19a
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
Oddíl 2
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
Oddíl 3
§ 41
§ 42
§ 43
§ 44
§ 45
Oddíl 4
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
Část čtvrtá
Oddíl 1
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
Oddíl 2
§ 62
§ 63
§ 64
Oddíl 3
§ 65
§ 66
§ 67
§ 68
Oddíl 4
§ 69
Oddíl 5
§ 70
Část pátá
Oddíl 1
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
Oddíl 2
§ 78
Oddíl 3
§ 79
§ 80
Část šestá
§ 81
§ 82
§ 83
§ 84
§ 85
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71
THE LAW
of 29 June 1967
on administrative procedure (administrative rules)
The National Assembly of the Czechoslovak Socialist Republic decided on this law:
INTRODUCTORY PROVISIONS
Scope
(1) This law applies to proceedings in which national committees, ministries and other central bodies of government, authorities of the Slovak National Council and other bodies of government decide on the rights, the rights, the rights protected interests or obligations of citizens and organisations in the field of government.
(2) According to this law, the authorities of state organisations also proceed if they have been entrusted by the law with decisions on rights, rights protected interests or obligations of citizens and public administration organisations.
(3) Where administrative bodies are further referred to, this shall be understood as the authorities referred to in paragraphs 1 and 2.
The provisions of this Act shall not apply:
(a) the procedure in which the administrative authorities decide on the legal situation of organisations, workers or officials, where such relationships relate to their subordination to the decision-making authority or the procedure in which the administrative authorities decide on the legal situation of organisations in the management of their economic activity;
(b) to discuss and deal with complaints and initiatives of citizens and organisations in which specific legislation applies. However, where it is apparent from a complaint or complaint that it is, in whole or in part, a document within the meaning of this Law, this shall be done in accordance with its provisions.
Basic rules of procedure
(1) The administrative authorities shall proceed in the proceedings in accordance with the laws and regulations. They are required to protect the interests of the state and society, the rights and interests of citizens and organisations and to strictly require that their duties be fulfilled.
(2) The administrative authorities are obliged to take action in close cooperation with citizens and organisations and to give them the opportunity to defend their rights and interests effectively, in particular to comment on the basis of the decision, and to make proposals. Citizens and organisations must be assisted and instructed by the administrative authorities not to suffer any damage to their legal ignorance.
(3) The administrative authorities are obliged to deal with any matter which is the subject of the proceedings in a conscientious and responsible manner, to deal with it in time and without undue delay, and to use the most appropriate means of handling the case properly. If the nature of the matter so permits, the administrative authority should always attempt to settle it amicably. The administrative authorities shall ensure that the procedure is conducted economically and without unnecessary burden on citizens and organisations.
(4) The decisions of the administrative authorities must be based on a reliable finding of the situation. Management must be conducted in such a way as to strengthen citizens' confidence in the right decision making, to make the decisions taken convincing and to lead citizens and organisations to voluntarily fulfil their obligations.
(5) The provisions on basic rules of procedure (paragraphs 1 to 4) shall apply mutatis mutandis to the issue of certificates, opinions, opinions, recommendations and other similar measures.
(1) The parties to the proceedings (Section 14) cooperate with the administrative authorities throughout the procedure.
(2) All parties have equal procedural rights and obligations in the proceedings.
ADMINISTRATIVE AUTHORITIES AND INTERESTED PARTIES
Jurisdiction
(1) The administrative authorities which determine the special law shall in substance be responsible for the proceedings; The national committee shall decide if a special law is not provided for by which authority has substantive competence.
(2) Save as otherwise provided in the Special Act, the respective regional national committees shall be responsible for the proceedings before the national committees at first instance.
(1) Where a national committee is responsible for the management, the management shall be carried out by the competent department of the national committee; If such a section is not set up, the management shall be carried out by the competent committee of the national committee and, if no commission is set up, by the Board of the national committee. Paragraphs 39 (3) and 54 (3) of the National Committees Act remain unaffected.
(2) Specific legislation provides for the matters in which the Administrative Commission of the National Committee is responsible.
(1) In proceedings involving the activity of a participant, local jurisdiction shall be governed by the place of that activity; where the management of the property is concerned, the place where the property is.
(2) In other cases, the local jurisdiction shall be governed by the permanent residence of the party to the proceedings and shall be related to the organisation, its registered office or the registered office of the lower component of the organisation, where the management of that component is concerned. If the participant does not have a permanent residence (seat) in the Czechoslovak Socialist Republic, local jurisdiction is governed by his last permanent residence (seat) in the Czechoslovak Socialist Republic.
(3) Where there are several local competent administrative authorities, proceedings shall be held by the administrative authority which initiated the proceedings first, unless otherwise agreed by the competent authorities.
(4) Where there are several local competent administrative authorities and each of them refuses to carry out the proceedings, the higher-level administrative authority shall determine to them the procedure most closely.
(5) Where local jurisdiction cannot be determined under the previous provisions, it shall determine the central authority of the administration within whose jurisdiction the matter falls, which shall be the subject of the procedure by the competent administrative authority.
At the request of or with the consent of the party to the proceedings, the administrative authority competent under Article 7 (2) may refer the case to another competent administrative authority of the same degree within the territory of which the party to the proceedings has a place of business or a temporary stay, provided that the other parties agree to this, and the authority to which the case is to be referred.
Exclusion of staff or members of administrative authority
(1) A worker of an administrative authority shall be excluded from hearing and deciding a case where, having regard to his / her ratio to the case, to the parties to the proceedings or to their representatives, there is doubt as to his / her unbiased nature.
(2) The hearing and decision-making before administrative authorities shall also exclude those who have taken part in the same proceedings as a member of an administrative authority of another degree.
The party to proceedings shall notify the administrative authority of the facts suggesting the exclusion of the administrative officer (Section 9) as soon as it becomes aware of them.
(1) As soon as the administrative staff becomes aware of the facts suggesting its exclusion (Paragraph 9), they shall immediately notify their superior manager; The Head of Administration shall notify the Secretary of the National Committee to the Head of Administration and the Head of the National Committee.
(2) The staff member of the administrative department concerned shall carry out only such actions which are not subject to the suspension.
(1) Whether an administrative worker is excluded from the procedure is decided by the authority to which the grounds of exclusion have been notified (§ 11 (1)); where it has been decided that an administrative worker is excluded, that authority shall take measures to ensure that further proceedings are carried out properly.
(2) No separate appeal may be brought against the decision to exclude an administrative officer from the proceedings.
(1) For the same reasons as a worker of an administrative body (§ 9), a member of the National Committee (Administrative Commission) carrying out the proceedings is excluded from the hearing and decision-making.
(2) As soon as a member of the National Committee's Commission (Administrative Commission) becomes aware of the facts suggesting its exclusion, he shall immediately notify the Board of the National Committee, which shall decide if a member of the Commission (Administrative Commission) is excluded from the proceedings.
(3) If the Commission (Administrative Commission) becomes an exclusion of its members ineligible for a resolution, the Board of the National Committee shall be led by the Board of the National Committee, unless the plenary session of the National Committee has taken other measures to ensure further due process.
(4) Paragraphs 10, 11 (2) and 12 (2) apply mutatis mutandis.
Interested parties
(1) The party to proceedings shall be the one whose rights, protected interests or obligations are to be dealt with or whose rights, protected interests or obligations may be directly affected by the decision; the party to the proceedings is also a party who claims that a decision in his rights, protected interests or obligations may be directly affected until the contrary is proved.
(2) The party to the proceedings shall also be the one to whom the special legislation confers such status.
A participant may act separately to the extent that it has the capacity to acquire rights and to assume its own responsibilities.
Representation
(1) A party who cannot act alone in proceedings is represented by a legal representative; if he does not have a legal representative and if he is required to defend his rights, the administrative authority shall appoint a guardian.
(2) The administrative authority shall also appoint a guardian to a party whose residence is unknown or who has failed to deliver a document to a known address abroad and who has not appointed a representative and a party who is affected by a mental or other disorder for which he is unable to act and has no legal representative.
(1) The parties, their legal representatives and guardians may be represented by a lawyer or other representative of their choice.
(2) The organisation shall act in proceedings through its bodies or through its representative.
(3) A voluntary social organisation may represent its member in the proceedings at his request. The organisation shall act on behalf of the represented member or member of the organisation entrusted with the representation.
(4) The power to represent shall be demonstrated by written full power or by full power declared in the Protocol. The administrative authority may, in undoubted cases, waive the full power of the licence.
(5) Where several parties have made joint submissions, they shall elect a joint agent for service; otherwise designated by the administrative department.
PROCEDURE
General provisions
Initiation
(1) The procedure shall be initiated on application by a party or on the initiative of an administrative authority.
(2) The proceedings shall begin on the day on which the submission of the party to the proceedings was made to the administrative authority responsible for the case. Where proceedings are initiated on the initiative of an administrative authority, the proceedings shall be initiated on the date on which that authority took the first action against the party.
(3) The administrative authority shall inform all known parties of the initiation of the proceedings; where the parties to the proceedings or their stay are not known to them or where specific legislation so provides, they shall be informed by a public order of the initiation of proceedings.
Administration
(1) Submission may be made in writing or orally, or in electronic form, signed by the guaranteed electronic signature (1). Provided that the submission is completed within 3 days as specified in the first sentence, it may be done by technical means, in particular by telex, telex or public data network without the use of a guaranteed electronic signature.
(2) The administration shall be assessed according to its content. The submissions must show who makes them, which matters and what is proposed. Specific legislation may provide for further formalities.
(3) If the procedural document does not have the required formalities, the administrative authority shall help the party to the proceedings to remedy the deficiencies and, where appropriate, invite him to remove them within the prescribed time limit; At the same time, it shall inform him of the importance of not removing deficiencies in the course of the proceedings.
(4) The submission shall be made to the authority in a material and local manner (Sections 5 to 7); in proceedings before national committees, however, they may also be made at the local (urban) national committee in whose area the party to proceedings has permanent residence or work.
(5) At the request of the party to the proceedings, acceptance of the application must be confirmed.
(6) Those who make submissions in electronic form in accordance with the first sentence of paragraph 1 shall at the same time indicate the providers of certification services which have issued and maintained their certificate or attach the certificate to the file.
(1) The administrative authority shall publish:
(a) the official hours in which the office of the administrative authority where the file may be submitted and the public hours in which it may be made oral to the file or be consulted;
(b) the electronic address of his office,
(c) the form of a technical medium for service of submissions in electronic form;
(d) the list of qualified certificates of staff or electronic addresses on which the qualified certificates are located, 2); and
(e) other possibilities to make submissions using other electronic transmission techniques.
(2) The publication of the information referred to in paragraph 1 shall be ensured by the administrative authority on its official plate or in a way that allows remote access.
Transfer
Where the administrative authority is not competent to decide, it shall immediately refer the application to the competent administrative authority and inform the party concerned accordingly. If there is a risk of delay, the administrative authority shall take the necessary steps, in particular to avert the damage which is imminent.
Oral proceedings
(1) The administrative authority shall order oral proceedings if the nature of the case so requires, in particular if this helps to clarify the case or if specific legislation so provides. If an examination is to be carried out at the oral hearing, the oral hearing shall normally take place on the site of the examination.
(2) The administrative authority shall invite all parties to the oral hearing and ask them to make comments and suggestions in the oral hearing. Specific legislation provides in which cases the comments and objections subsequently applied shall not be taken into account; the parties must be made expressly aware of this fact.
(3) Oral proceedings shall be public, unless otherwise provided for in specific legislation or administrative authority.
Protocol
(1) The administrative authority shall draw up a report on oral submissions and on important procedural acts, in particular on the evidence made, on the parties' comments, on oral proceedings and on the vote.
(2) In particular, it shall be apparent from the Protocol who, where and when the procedure was carried out, the subject matter of the procedure which the persons took part in, how the procedure took place, what proposals were made and what measures were taken; the voting protocol shall also specify the operative part of the decision and the outcome of the vote.
(3) The minutes shall be signed by all persons who have taken part in the hearing and by a member of the administrative body implementing the procedure, by all members of the administrative body present present at the vote. The refusal of signature, the grounds for such refusal and the objection to the content of the Protocol shall be recorded therein.
Inspection of files
(1) The parties to the proceedings and their representatives have the right to consult the files, except for voting protocols and to make extracts thereof.
(2) The administrative authority may also allow other persons to consult the files if they prove that their request is justified.
(3) The administrative authority shall be obliged to take measures to ensure that the inspection of files does not infringe national, economic or professional secrecy or the statutory or recognised obligation of confidentiality.
Delivery into your own hands
(1) Important documents, in particular decisions, are delivered to their own hands.
(2) Where the addressee of a document to be served in his own hands has not been contacted, although he is staying at the place of service, the service provider shall deposit the document at the local premises of the holder of the postal licence or at the municipal office and shall inform the addressee accordingly. If the addressee does not collect the document within three days of the deposit, the last day of that period shall be deemed to be the day of service, even if the addressee has not known of the deposit.
(3) If the addressee refused to accept the document without cause, it shall be served on the date on which its receipt was refused; the addressee must be notified of that.
(4) Where a party to proceedings who stays abroad or has its registered office, guardian or representative in the country, the document shall be served on that guardian or representative.
(1) Documents addressed to the institutions or organisations shall be served on staff authorised to receive documents from the authorities or organisations. If there is no such staff, the document shall be served on the person entitled to act as an institution or organisation.
(2) Documents addressed to lawyers shall be served on the lawyer's advice.
(3) Where the party to proceedings has a full representative for the whole proceedings, the document shall be served only on that representative. However, if the party to proceedings is to do something in person, the document shall be served not only on the representative but also on him.
Service by public decree
(1) Service by public order shall be used by the administrative authority where the parties to proceedings or their residence are not known or where specific legislation so provides.
(2) Service by public order shall be effected by hanging the document for 15 days in the usual manner. The last day of this period shall be the day of service.
Time limits
(1) Where necessary, the administrative authority shall set a reasonable time limit for the implementation of the action in the proceedings, unless it is determined by this law or by special legislation.
(2) The date on which the event determining the beginning of the period occurred shall not be taken into account. The time limits determined in accordance with weeks, months or years shall end on the expiry of that day which coincides with the date on which the start of the period took place and, failing that, the last day of the month shall end. If the time limit for the day of work ends, the last day shall be the next working day.
(3) The time limit is maintained if the last day of the period is the submission to the administrative authority referred to in Article 19 (4) or if a postal consignment containing the submission is demonstrably lodged.
(4) In doubt, the period shall be deemed to be maintained unless proven otherwise.
(1) The administrative authority shall, for serious reasons, waive the delay if the party so requests within 15 days of the date on which the cause of the failure was omitted and if it has done the missed action within the same period. The administrative authority may grant such a request a suspensory effect.
(2) The delay cannot be waived if one year has elapsed since the date on which the action was to be taken.
(3) No appeal shall be made to the decision on the application for remission of the time limit missed.
Suspension of proceedings
(1) The administrative authority shall stay the proceedings if the reference for a preliminary ruling has been opened (Paragraph 40) or if an interested party has been asked to remedy the deficiencies in the submissions within the prescribed time limit (Paragraph 19 (3)).
(2) The administrative authority may also stay proceedings for a maximum period of 30 days if, for important reasons, the parties so propose.
(3) There shall be no appeal against the decision to stay the proceedings.
(4) The administrative authority shall continue the proceedings either on its own initiative or on the initiative of a party to proceedings as soon as the obstacles for which the proceedings have been suspended have ceased, or as soon as the time limit referred to in paragraph 2 has expired.
(5) If the proceedings are suspended, the time limits under this law do not run.
Withdrawal of proceedings
The administrative authority shall suspend the procedure if the party has withdrawn the application and the other parties agree to it or if the reason for the proceeding initiated at the initiative of the administrative authority has been waived.
Costs
(1) The costs incurred by the administrative authority shall be borne by that authority. The costs incurred in the proceedings shall be borne by the party.
(2) The administrative authority may order the parties, witnesses and experts to make good the costs incurred by the administrative authority by their fault. may also order them to reimburse the costs incurred by their fault to the other parties.
(3) The administrative authority will reimburse the witness for the expenses and wages he has already shown. Entitlement shall be exercised within three days of the hearing, otherwise it shall cease to exist.
(4) The costs of submitting the instrument or of examining them which have arisen from the non-party shall be borne by the administrative authority.
(5) The reimbursement of final expenses and the provision of remuneration to experts and interpreters is governed by specific legislation. *)
Detection of documents for the decision
Background to the decision
(1) The administrative authority is required to ascertain precisely and completely the facts of the case and to obtain the necessary supporting documents for the decision. In so doing, it is not only the parties' proposals.
(2) The decision shall, in particular, be accompanied by the submissions, proposals and observations of the parties, the evidence, the statements of honour and the facts known or known to the administrative authority in its official capacity. The scope and method of establishing the supporting documents for the decision shall be determined by the administrative authority.
(3) At the request of the administrative authority, state bodies and socialist organisations shall communicate the facts relevant to the management and decision.
(1) The party to the proceedings has the right to propose and supplement the evidence and to question witnesses and experts at oral hearing and local examination.
(2) The administrative authority shall be obliged to give the parties the opportunity to comment on the supporting documents and on the manner in which they are found or to propose, where appropriate, to supplement them before the decision is taken.
Evidence
(1) In order to prove evidence, it is possible to use all means of identifying and clarifying the facts of the case and which are in conformity with the law.
(2) The evidence is in particular the examination of witnesses, expert opinions, documents and examinations.
(3) A party is required to propose, in support of its claims, evidence known to it.
(4) The administrative authority is responsible for carrying out the evidence.
(5) The administrative authority shall evaluate the evidence on its own account, on a case-by-case basis and any evidence relating to it.
(6) The facts of a generally known or known administrative authority from an official activity need not be proved.
Witnesses
(1) Every citizen is required to testify as a witness; he has to testify truthfully and he can't keep a secret.
(2) A witness may not be heard by any person who would breach a national, economic, professional or statutory obligation of confidentiality, unless he is relieved of that obligation by the competent authority or in the interests of which he has the obligation.
(3) The denunciation may be refused by any person who would cause her to be in danger of criminal prosecution against himself or anyone close to her; their list is governed by the Civil Code. *)
(4) The administrative authority shall instruct the witness, prior to the hearing, of the possibility of refusing the statement, of his duty to testify truthfully, and of the legal consequences of the false or incomplete statement. * *)
Experts
Where an expert opinion is necessary to assess the facts relevant to the decision, the administrative authority shall appoint an expert in accordance with the relevant legislation. * * *)
Instruments
(1) The administrative authority may impose on the party or the citizen (organisation) who has the document necessary to carry out the evidence to produce it.
(2) Submission of the instrument may not be requested or may be refused for reasons for which it may not be heard or is entitled to refuse the statement of the witness.
Contents
Část první
Oddíl 1
§ 1
§ 2
Oddíl 2
§ 3
§ 4
Část druhá
Oddíl 1
§ 5
§ 6
§ 7
§ 8
Oddíl 2
§ 9
§ 10
§ 11
§ 12
§ 13
Oddíl 3
§ 14
§ 15
Oddíl 4
§ 16
§ 17
Část třetí
Oddíl 1
§ 18
§ 19
§ 19a
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
Oddíl 2
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
Oddíl 3
§ 41
§ 42
§ 43
§ 44
§ 45
Oddíl 4
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
Část čtvrtá
Oddíl 1
§ 53
§ 54
§ 55
§ 56
§ 57
§ 58
§ 59
§ 60
§ 61
Oddíl 2
§ 62
§ 63
§ 64
Oddíl 3
§ 65
§ 66
§ 67
§ 68
Oddíl 4
§ 69
Oddíl 5
§ 70
Část pátá
Oddíl 1
§ 71
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
Oddíl 2
§ 78
Oddíl 3
§ 79
§ 80
Část šestá
§ 81
§ 82
§ 83
§ 84
§ 85
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Regulation Information
| Citation | Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.07.1967 |
|---|---|
| Effective from | 01.01.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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