Act No. 82 / 1998 Coll.
Act on Liability for Damage caused in the exercise of public authority by decision or incorrect official procedure and amending Act No. 358 / 1992 Coll., on notaries and their activities (notarial order)
Valid
Effective from 15.05.1998
Contents
ČÁST PRVNÍ
HLAVA PRVNÍ
§ 1
§ 2
HLAVA DRUHÁ
Díl první
Oddíl první
§ 3
§ 4
§ 5
§ 6
§ 6a
Oddíl druhý
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
Oddíl třetí
§ 13
Oddíl čtvrtý
§ 14
§ 15
Oddíl pátý
§ 16
§ 17
§ 18
Díl druhý
Oddíl první
§ 19
Oddíl druhý
§ 20
§ 21
Oddíl třetí
§ 22
Oddíl čtvrtý
§ 23
§ 24
§ 25
HLAVA TŘETÍ
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 31a
§ 32
§ 33
§ 34
§ 35
§ 35a
§ 35b
§ 36
ČÁST DRUHÁ
§ 37
ČÁST TŘETÍ
§ 38
ČÁST ČTVRTÁ
§ 39
Zobrazeno prvních 200 z celkem 241 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
82
THE LAW
of 17 March 1998
on liability for damage caused in the exercise of public authority by decision or maladministration and amending Act No. 358 / 1992 Coll., on notaries and their activities (notarial order)
Parliament has decided on this law of the Czech Republic:
LIABILITIES OF STATE AND TERRITORIAL AUSTRIA
INTRODUCTORY PROVISIONS
(1) The State is liable, under the conditions laid down by this Law, for damage caused by the exercise of State authority.
(2) The local authorities are liable under the conditions laid down in this Act for the damage caused by the exercise of public authority conferred on them by the law under separate jurisdiction (hereinafter referred to as "territorial units under separate jurisdiction ').
(3) Under the conditions laid down by this Law, the State and the territorial units under separate jurisdiction also bear the non-property damage suffered.
The liability for damages under this Act cannot be waived.
CONDITIONS OF RESPONSIBILITY
State responsibility
General provisions
(1) The State is responsible for the damage caused by:
(a) State authorities;
(b) legal and natural persons in the exercise of a public administration entrusted to them by law or by law (hereinafter referred to as "official persons"), 1)
(c) authorities of local and local authorities, where damage has occurred in the exercise of a public administration which has been delegated to them by law or by law (hereinafter referred to as "territorial units in delegated jurisdiction").
(2) For the purposes of this Act, the official person of another Member State of the European Union, who fulfils the conditions laid down in Section 127 of the Criminal Code, shall also be considered to be an official person for the period during which that person is present in a joint investigation team in the territory of the Czech Republic or carries out legal assistance operations in the territory of the Czech Republic on the basis of a European investigation order or is present in its implementation.
(1) The exercise of a public administration pursuant to Article 3 (1) (b) shall be considered as the exercise of a public administration pursuant to § 3 (1) (b), the drawing up of public documents on legal acts (2), the entry of facts in the public register by a notary under the law governing the public registers of legal and natural persons, the acts of a notary as a judicial commissioner (3) and the acts of a judicial executor, and, where appropriate, his representative, the performance of an executive body and, where that representative is an executive candidate, in the execution activity, the writing of the executive records and in the activities carried out under the jurisdiction of a court under the special legislaturalittation3a).
(2) The activities of the notary and the court executor or, where appropriate, his representative, if the executor ceases to exercise the executive office and if the latter is an executive candidate, shall be deemed to be official in accordance with paragraph 1.
The State is liable under the conditions laid down by this Law for damage caused by:
(a) by decision given in civil proceedings, administrative proceedings, administrative proceedings or criminal proceedings;
(b) by an incorrect official procedure.
(1) In the case of damages caused by a decision or by maladministration and of regression payments, they shall act on behalf of the State of the Ministry and other central administrative offices (hereinafter the Office).
(2) The office referred to in paragraph 1 shall be:
(a) the Ministry of Justice, where damage has been caused in civil or criminal proceedings, and in cases where an unlawful decision has been given by a court in the administrative justice system, by which the court has decided to bring an action against a decision of a territorial unit in a separate capacity and where the damage was caused by a notary or a court executor;
(b) the competent authority, where damage has been caused to the public administration sector which falls within its competence, and in cases where an unlawful decision has been given by an administrative court by which the court has decided to bring an action against a decision given in the public administration sector falling within the competence of that authority.
(3) If a second and third sentences of Article 13 (1) have been damaged in accordance with the maladministration procedure and the subsequent administrative and judicial proceedings as a whole are assessed for the purpose of compensating for such damage, the State shall act as the competent authority within the jurisdiction of the administrative sector in which the administrative procedure was conducted.
(4) If the competent authority cannot be designated in accordance with paragraph 2 or 3, the Ministry of Finance shall act as the State.
(5) If an illegal decision has been issued by the Czech National Bank or under an international agreement by a financial market supervisor of another Member State of the European Union13), or if the Czech National Bank or this supervisory authority has had maladministration, it is the Czech National Bank.
(6) If an illegal decision has been taken The Supreme Audit Office or, if the Supreme Audit Office has found maladministration, that authority shall act as State.
(7) The Office designated pursuant to paragraphs 1 to 6 shall act as an organisational body of the State and in proceedings before a court, unless otherwise provided for in specific legislation.
Infringement of the right to personal freedom
The liability of the State and of the territorial units under separate jurisdiction for the infringement of the right of personal liberity3b shall be assessed in accordance with the provisions of this Law governing liability for unlawful decisions or maladministration.
Decision
Illegal decision
(1) The right to compensation for damage caused by an unlawful decision is conferred on the parties in which the decision giving rise to the damage was given.
(2) The right to compensation is also conferred on him who was not treated as a party, although he should have been treated as a party.
(1) The right to compensation for damage caused by an unlawful decision may be exercised, unless otherwise specified, only if the final decision has been revoked or amended by the competent authority for illegality. The decision of that authority shall be binding upon the court which decides to make good the damage.
(2) Where the damage was caused by an unlawful decision enforceable, irrespective of the legal authority, entitlement may be exercised even if the decision has been revoked or amended on the basis of an ordinary appeal.
(3) In the absence of specific considerations, the claim for compensation for damages caused by an unlawful decision may be granted only if the injured party has used within the statutory time limits all the procedural means provided by the law to protect his right; such a means of appeal, an exceptional remedy, other than an application for renewal of proceedings, and any other procedural means of protection of the law with which the application involves the initiation of judicial, administrative or other legal proceedings, or an application for the cessation of execution.
Decision on detention, punishment or protective measures
(1) The right to compensation for the damage caused by the decision on detention is also conferred on the person on whom the detention has been carried out if the prosecution has ceased, if the prosecution has been acquitted or if the case has been referred to another authority.
(2) No compensation shall be granted for the link ordered in the extradition or transfer proceedings; This does not apply if the damage in such proceedings is caused by an illegal decision or by an incorrect official procedure of the authorities of the Czech Republic.
(1) The right to compensation for the damage caused by the judgment shall be exercised in whole or in part if, in the subsequent proceedings, the defendant has been acquitted or the prosecution has been suspended for the same reasons for which the court decides in the main case by an acquittal judgment. This does not apply if the President of the Republic orders a halt to the prosecution, using his right to pardon or amnesty.
(2) The right to compensation shall also be granted to those who, in the subsequent proceedings, were sentenced to a lighter penalty than that which was carried out on the basis of the judgment annulled. The compensation is due only in view of the difference between the sentence of the original judgment and the sentence of the new judgment.
The right to compensation for damage caused by a decision on a safeguard measure shall be exercised in whole or in part if the decision was annulled as unlawful in subsequent proceedings.
(1) The right to compensation does not lie with him,
(a) who has himself been responsible for the detention, conviction or imposition of a safeguard measure; or
(b) who has been acquitted or suspended from prosecution only because he is not liable for the offence committed or has been granted mercy or the offence has been amnesty.
(2) The right to compensation shall no longer arise if:
(a) the proceedings could not be resumed for the reasons set out in the separate Regulation, 5)
(b) the criminal prosecution has been suspended on condition and the effects of the cessation of criminal prosecution have occurred, 6)
(c) the statement to stop the prosecution was part of the settlement decision, 7)
(d) the prosecution has been suspended for the reasons set out in § 172 (2) (a) to (c) of the criminal order;
(e) the sentence of imprisonment, or the period of detention of the offender, has been taken into account in or included in the sentence of conviction.
Incorrect official procedure
(1) The State is responsible for damage caused by maladministration. An incorrect official procedure is also a breach of the obligation to act or to take a decision within the statutory period. If the law does not provide for a time limit for the implementation of an act or a decision to be taken, a breach of the obligation to act or to take a decision shall also be deemed to be an maladministration within a reasonable period of time.
(2) The right to compensation shall be granted to him who has been harmed by maladministration.
Application of entitlement
(1) The claim for compensation is applied to the Office referred to in Section 6.
(2) If the claim has been lodged with an authority which is not competent, the Office shall forward the request to the injured competent authority. The effects of the provisional application are maintained in this case.
(3) The application of a claim for damages under this law is a condition for any claim for damages before a court.
(4) Where it is necessary for the assessment of a claim for damages to take account of circumstances to which the Office or another public authority which is not competent in its activities has access, that authority or other public authority shall provide the competent authority with the necessary synergies; This applies mutatis mutandis to court proceedings.
(5) Where the injured party has claimed a claim for compensation for the loss of earnings or for reasonable satisfaction for the non-property damage caused pursuant to Article 9 or 10 and the injured party has been given a judgment condemning the judgment which took into account the earlier detention or the earlier imprisonment, or where a penalty has been imposed to allow them to be counted, the competent authority shall assess the claim not earlier than after the acquisition of legal authority.
(a) a decision to set aside the detention or imprisonment, if the criminal proceedings in which that judgment was delivered have ended with a final judgment of condemnation which has imposed a penalty enabling them to be counted; or
(b) the decision terminating the criminal proceedings in which that judgment was delivered in other cases.
(6) The claim for compensation provided for in paragraphs 9 to 11 is only applied by means of a form which is required by the Ministry of Justice by decree. This form shall be published by the Ministry of Justice in a manner that allows remote access. No account shall be taken of a proposal not submitted on the first sentence form.
(1) If the competent authority grants compensation, the damage shall be recovered within six months of the claim being claimed.
(2) Compensation may be paid in court only if, within six months of the date of application, his claim has not been fully satisfied.
(3) The time limit referred to in paragraph 2 shall be suspended in the cases referred to in Article 14 (5) for a period when the claim cannot be assessed by the competent authority on the grounds of a judgment condemning the detention of a previous detention sentence or a previous imprisonment sentence, or where a penalty has been imposed to allow them to be counted.
Regression remuneration
(1) If the State has replaced the damage caused by an unlawful decision or by an incorrect official procedure, or if it has, for the same reason, provided satisfaction for the non-property damage suffered, it may require a regression payment on the official persons and on the territorial units of the delegated jurisdiction, if they have caused the damage.
(2) If the decision of the local authority has been reviewed by the competent authority and subsequently the decision of that authority and the local authority has been annulled for illegality, the State may require a regression payment on the part of the region, if the competent authority is the regional authority or the local authority.
(3) If an unlawful decision has been given because the person who issued it has followed the incorrect legal opinion of the competent authority which has annulled the original legal decision in the proceedings, the State shall not be entitled to a regression payment.
(4) A State may require a regression payment only at an amount corresponding to the participation of a territorial unit in a separate jurisdiction, a territorial unit in delegation or an official person in the event of damage caused.
(1) If the State has replaced the damage suffered in the course of the operation of a public authority or provided for the same reason that it has been satisfied of the non-property damage suffered, it may require a regression payment from those involved in the adoption of an unlawful decision or maladministration where they have been entitled to a decision or an official procedure.
(2) Where a State has made good the damage caused by an unlawful decision or an maladministration involving a judge or a public prosecutor, or has made good the damage caused by the non-property damage for the same reason, it may request a regression payment only if a complaint has been lodged with the judge or the public prosecutor, or where the guilt of the judge or the public prosecutor has been found in a disciplinary or criminal proceedings, including the approval of a declaration of guilt and the adoption of a penalty or a guilty and criminal measure, or where the criminal proceedings have been suspended on condition of suspension, suspension or suspension.
(3) If the official or territorial units of the State have been replaced by a regression payment, they may request a regression payment from those involved in the adoption of an unlawful decision or an incorrect procedure.
(4) Where, pursuant to that provision, a right to a regression payment is claimed against a person in respect of whom the participation in the exercise of public authority was related to obligations arising from an employment relationship or an equal relationship between him or her, the amount of the regression payment shall be governed by specific provisions. 9)
(5) The right to a regression payment excludes claims for damages under the general rules.
(6) The right to a regression payment cannot be invoked against the person involved in the issuing of an unlawful decision or maladministration at the order of the superior, unless he has committed a criminal offence by following the order.
Common provisions on regression payments
(1) The right to a regression payment will arise only if the damage was caused by the alleged infringement of the legal obligation.
(2) The blame must be shown by the person claiming a regression payment.
(3) If the damage was caused by a guilty breach of the legal obligation of several persons, they are obliged to pay a regression payment according to their participation in the cause of the damage. In justified cases, the court may decide that they are jointly and severally liable.
(4) Those who are obliged to pay the regression payment together and severally with others will deal with them according to their participation in the damage suffered.
(5) The Court of First Instance may, in particular, reduce the rate of return, taking into account the damage suffered and the personal and property ratios of the natural person who caused it. Reductions may not be made if they are caused intentionally.
(6) He against whom a claim for a regression payment has been made has the right to object to any objection which he may have raised against the injured party in the proceedings for compensation.
(7) The obligation to provide the necessary synergies pursuant to Paragraph 14 (4) shall apply mutatis mutandis to the assessment of the right to a regression payment.
Liability of territorial units under separate responsibility for damage
General provisions
Territorial units under separate jurisdiction are responsible for the damage caused by public administration
(a) illegal decisions;
(b) by an incorrect official procedure.
Illegal decision
(1) Where an unlawful decision has been given to the parties to the proceedings covered by the administrative procedure, the parties to the proceedings shall have the right to compensation for the damage suffered by that decision. The right to compensation is also conferred on him who was not treated as a party, although he should have been treated as a party.
(2) Where an illegal decision of a territorial total has been taken under separate jurisdiction in accordance with a procedure which is not laid down in the rules on administrative proceedings, the person to whom the decision gives rise shall be entitled to compensation.
(1) Paragraph 8 shall apply mutatis mutandis to the claim for compensation for damage caused by an unlawful decision of a territorial unit under separate jurisdiction in proceedings covered by administrative proceedings.
(2) A claim for compensation for damage caused by an unlawful decision of a territorial unit of a separate competence, issued in accordance with a procedure not laid down in the rules on administrative proceedings, may be invoked where the enforceable decision has been annulled by the competent authority for illegality.
Incorrect official procedure
(1) Territorial units under separate jurisdiction are responsible for damage caused by maladministration. An incorrect official procedure is also a breach of the obligation to act or to take a decision within the statutory period. If the law does not provide for a time limit for the implementation of an act or a decision to be taken, a breach of the obligation to act or to take a decision shall also be deemed to be an maladministration within a reasonable period of time.
(2) The right to compensation shall be granted to him who has been harmed by maladministration.
Regression remuneration
If the territorial unit has replaced the damage caused by an unlawful decision in respect of which it was given by an incorrect legal opinion of the competent authority which has annulled the original statutory decision of the territorial unit under separate jurisdiction in the proceedings, or if it has, for the same reason, granted satisfaction for the non-property damage suffered, it may require a regression payment on the part of the county where the competent authority is the regional authority or the State where the competent authority is the authority of the State.
If the territorial unit has made good the damage under its separate jurisdiction, if it has made good the damage caused by the non-property damage or if it has paid a regression payment, it may require a regression payment from those involved in the decision or maladministration.
Paragraphs 16 (4), 17 and 18 shall apply mutatis mutandis.
COMMON AND TRANSITIONAL PROVISIONS
Relationship to the Civil Code
Unless otherwise provided, the legal relations provided for in this Act shall be governed by the Civil Code.
Method and extent of compensation
The right to be reimbursed for the cost of nutrition shall be conferred on the survivor (10), who died as a result of the exercise of State authority or the exercise of the powers of the territorial units under separate jurisdiction. Those who have incurred the costs associated with his treatment and the costs of the funeral shall be entitled to reimbursement of those costs. 11)
The government shall determine the method of calculating the average profit for the purposes of this Act by means of a regulation.
At the request of the injured party, the average profit may be used for the calculation of the compensation as the average profit before the damage, if it is more favourable for the injured party.
Compensation for loss of earnings shall be granted at the established amount; If this is not possible, for each day of detention, imprisonment, protective custody, security detention or protective treatment, the damaged compensation of lost earnings is CZK 170.
(1) Compensation shall include the costs of proceedings which have been effectively incurred by the injured party for the annulment or amendment of an unlawful decision or for the correction of maladministration.
(2) The injured party may claim reimbursement of the costs only if he has not been able to do so in the course of the proceedings under procedural rules or if he has not been so granted reimbursement.
(3) The costs of representation are part of the costs of the proceedings. They include expenditure incurred in an efficient manner and representation fees. The amount of such remuneration shall be determined in accordance with the provisions of the Special Legislation (12) on non-contractual remuneration.
(4) The injured party shall not be entitled to reimbursement of the costs of representation incurred in connection with the hearing of the claim lodged with the competent authority.
Satisfaction of non-property damage
(1) Whether damage has been caused by an unlawful decision or by an incorrect official procedure, appropriate satisfaction for the non-property damage is also granted under this law.
(2) Satisfaction shall be granted in cash if the non-property damage could not be compensated otherwise and the finding of infringement itself would not appear sufficient. In determining the amount of reasonable satisfaction, account shall be taken of the seriousness of the injury suffered and of the circumstances in which the non-material injury occurred.
(3) In cases where non-property damage has been caused in accordance with the incorrect official procedure provided for in the second and third sentences of Paragraph 13 (1) or in the second and third sentences of Paragraph 22 (1) and (3), account shall also be taken of the specific circumstances of the case, in particular:
(a) the overall length of the driving;
(b) the complexity of the procedure;
(c) the conduct of the injured party to which he has contributed to the delays in the proceedings and whether he has used available means capable of eliminating delays;
(d) the procedure of the public authorities during the procedure; and
(e) the importance of the subject matter of the proceedings for the injured party.
Limitation periods
(1) The claim for compensation under this Act shall be suspended for three years from the date on which the injured party became aware of the damage and of who is responsible for it. If the right to compensation is a condition for the annulment of a decision, the limitation period shall run from the date of notification of the revocation decision.
(2) No later than 10 years after the date on which the injured party received the unlawful decision causing the damage, the claim shall be suspended; That doesn't apply if it's for health damage.
(3) The right to compensation for non-property damage under this Act shall be suspended six months from the date on which the injured party became aware of the non-property damage suffered, but no later than 10 years from the date on which the legal event with which the non-property damage is caused occurred occurred. Where non-property damage has occurred in accordance with the maladministration procedure laid down in the second and third sentences of Paragraph 13 (1) or in the second and third sentences of Paragraph 22 (1), the limitation period shall not end until six months after the end of the procedure in which the maladministration took place.
The right to compensation for damage caused by a decision on detention, punishment or protection measures shall be suspended for two years from the date on which the decision which exonerated the decision was taken, the decision which suspended the criminal proceedings, the annulment decision, the decision which referred the case to another authority, or the decision condemning a lighter sentence.
(1) The right of the State under Articles 16 and 17 (1) and the right of a territorial unit under the separate jurisdiction under Articles 23 and 24 to a regression payment shall be limited for the year from the date on which compensation was paid.
(2) The entitlement of the territorial unit in the delegated and official capacity referred to in Article 17 (2) to the regression payment shall be limited for the year from the date on which the regression payment was paid.
(1) The limitation period shall not run from the date on which the claim for compensation is claimed until the end of the preliminary examination, but for a maximum period of 6 months.
(2) The limitation period referred to in paragraph 1 shall be extended, in the cases referred to in Article 14 (5), by the time when the claim cannot be assessed by the competent authority on the grounds of a judgmental judgment which has taken into account the previous detention or the previous imprisonment sentence, or where a penalty has been imposed to allow them to be counted.
(3) The limitation period does not run during disciplinary or criminal proceedings by a judge or prosecutor (§ 17 (2)).
Special provisions on the decision to set aside the detention or punishment
If the cases referred to in Paragraph 14 (5) are concerned and the final judgment has been annulled, which has taken into account the previous detention or imprisonment, or where a penalty has been imposed to allow them to be counted, the right to compensation for the loss of earnings or to reasonable satisfaction for the non-property damage suffered pursuant to Article 9 or 10 may be exercised again; Paragraph 14 (3) shall apply mutatis mutandis. The periods and periods under this law shall begin to run again from the date of the power of revocation of the decision.
The Ministry of Justice shall inform the Prison Service of the Czech Republic of the claim for compensation for lost earnings or for reasonable satisfaction for the non-property damage caused pursuant to § 9 and 10; in the case of a claim pursuant to Article 10, it shall inform only of the claim for the prison sentence. The Ministry of Justice will also inform the Prison Service of the Czech Republic whether the claim has been granted.
Contents
ČÁST PRVNÍ
HLAVA PRVNÍ
§ 1
§ 2
HLAVA DRUHÁ
Díl první
Oddíl první
§ 3
§ 4
§ 5
§ 6
§ 6a
Oddíl druhý
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
Oddíl třetí
§ 13
Oddíl čtvrtý
§ 14
§ 15
Oddíl pátý
§ 16
§ 17
§ 18
Díl druhý
Oddíl první
§ 19
Oddíl druhý
§ 20
§ 21
Oddíl třetí
§ 22
Oddíl čtvrtý
§ 23
§ 24
§ 25
HLAVA TŘETÍ
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 31a
§ 32
§ 33
§ 34
§ 35
§ 35a
§ 35b
§ 36
ČÁST DRUHÁ
§ 37
ČÁST TŘETÍ
§ 38
ČÁST ČTVRTÁ
§ 39
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 82 / 1998 Coll., on liability for damage caused in the exercise of public authority by decision or maladministration and amending Act No. 358 / 1992 Coll., on notaries and their activities (notarial order) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.1998 |
|---|---|
| Effective from | 15.05.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0