Decree No. 82 / 2016 Coll.
Decree amending Decree No. 62 / 2001 Coll., on the Management of Organisational Components of State and State Organisations with State Property, as amended by Decree No. 569 / 2006 Coll.
Valid
Effective from 01.04.2016
82
DECLARATION
of 14 March 2016
amending Decree No 62 / 2001 Coll., on the Management of Organisational Components of the State and State Organisations with State Property, as amended by Decree No 569 / 2006 Coll.
The Ministry of Finance provides for the Act No. 219 / 2000 Coll., on the assets of the Czech Republic and its presentation in legal relations, as amended by Act No. 229 / 2001 Coll., Act No. 503 / 2012 Coll. and Act No. 51 / 2016 Coll.:
Decree No. 62 / 2001 Coll., on the Management of Organisational Components of the State and State Organisations with State Property, as amended by Decree No. 569 / 2006 Coll., is amended as follows:
1. In Paragraph 1 (1), "15 June 'is replaced by" 31 March'.
2. in Article 2 (1) (a), the words "his identification number" shall be replaced by the words "person identification number."
3. In Paragraph 2 (2), the word "acts' is replaced by the word" conduct '.
4. in Article 4 (1) (a), the words "as well as apartments and non-residential premises, if they are separately owned," and footnote 1, including the footnote reference, shall be deleted;
5. In Paragraph 4 (1) (b) (1), "real estate 'is replaced by" real estate'.
6. In Article 5 (2), the word "person 'shall be inserted after the word" number'.
7. In Article 5 (3), the word "acts' is replaced by" negotiations'.
8. In Article 6 (2), the third sentence is replaced by the following: "The electronic management of operational records and the use of computer and other techniques and technical data media shall be permitted only if the rules governing the keeping of operational records and its purpose are maintained and provided that the operational records are kept in the relevant organisational component in such a uniform manner and in all cases of property referred to in Section 10 of the Act; This applies mutatis mutandis if only certain types of recording equipment are maintained in this way. '
9. In Article 6 (3), the words "in the case of movable property deposited with the relevant organisational body, also by comparing the data in those registers with the actual situation and, in the case of immovable property registered with the property register, by comparing the data in the property register with the data in the property register 'are replaced by the words" in the case of immovable property registered with the property register, and in the case of other cases by comparing the data in those registers with the actual situation'.
10. Paragraph 6 (4), including footnote 22, reads:
"(4) The organisational component responsible for the management of the property according to the provisions of § 11 (2) of the Act keeps the property in the operational register according to its territorial workplaces (22) and progresses in the use of the evidence tools according to § 7 to 13. This is also the case if it is responsible for the management of the property on the basis of a measure issued by the Ministry under the provisions of Section 11 (3) of the Act.
22) Act No. 201 / 2002 Coll., on the Office for the Representation of the State in Property Matters, as amended. '
11. In Article 6 (5), the first sentence shall be replaced by the sentence "Organisational items responsible for the management of property under the provisions of Section 11 (1) of the Act and the organisational parts responsible for the management of property under the measure issued by the Ministry under the provisions of Section 11 (3) of the Act, not the organisational component referred to in paragraph 4, shall proceed when using the evidence items under the provisions of Sections 7 to 13, taking into account the nature of the registered property and the procedures imposed on those bodies by specific legislation."
12. In Article 7, the sentence "The appropriate method of protection and use of the recording equipment shall be added at the end of paragraph 2, even if the recording equipment is kept electronically."
13. in Paragraph 7 (3):
"(3) The records referred to in paragraph 1 (a) to (e) shall be issued by the Ministry in the form of forms. The content, particulars and arrangements provided for in these forms for each document shall also be binding on the document kept electronically. If this Ordinance requires special formalities for the registration aid relating to the integrity and security of the evidence of the document, these conditions must be fulfilled in a comparable manner even if the registration aid is kept electronically. The recording equipment kept electronically shall be kept in such a way as to record on a permanent basis the gradual taking of the individual records, any changes and additions thereto, as well as any other interference with the recording equipment. ';
14. In Article 7, the following paragraph 4 is added:
"(4) If the organisational component is to switch from the paper line to the electronic line to the recording aid, or vice versa, it shall complete the use of the existing recording aid for the cases under development and the new cases shall start to be carried out in the newly established recording aid. In the event of a change in the management of an electronic-to-paper register or due to capacity depletion of the existing paper-based accounting document, the Ministry shall ask the organisational body in good time to send the necessary accounting document. ';
15. in Article 10 (3), the words "apartments and non-residential premises" and the words "flats, non-residential premises" shall be deleted and the words "expert opinion" shall be replaced by the words "valuation under the law governing the valuation of assets and effective at the valuation date."
16. In Article 10 (4), the word "expert 'is deleted.
17. in Article 10 (5), the word "liabilities" shall be replaced by the word "debts" and the words "paragraph 1" shall be deleted;
18. Paragraph 10 (6), including footnote 4, is deleted.
19. Paragraph 13 (2) reads:
"(2) After having dealt with the property in the prescribed manner (§ 15 (2) and (3) of the Act) and, where appropriate, settled past debts for the State (§ 41 of the Act), but no longer than at the end of the period referred to in § 15 (4) of the Act, the organisational body shall draw up and include a final set of assets in the document file. In the final set of assets, it shall quantify the total value of the assets originally acquired by the State, the total value of the transactions actually received and the proceeds from the sale of the assets and the total value of the debts still settled by the State; indicate at the same time the amount of costs incurred so far. ';
20. In Paragraph 13 (3), the word "liabilities' is replaced by the word" debts'; the words "paragraph 3 'is replaced by the words" paragraph 4'; at the end of the text of the paragraph, the words "; when the assets are entered in the accounts, the value of the assets shall be used according to the current operational records'.
21. Paragraph 13 (5) reads:
"(5) The Head of Staff of the department within which the file is kept shall give his written consent to the closure of the file. Consent to the deposit and archiving of the document file shall be given in writing by the senior staff member in accordance with the provisions of Paragraph 8 (1). ';
22. The heading of Part Three reads:
"LEGAL PROCEDURE AND RELATIONS BETWEEN ORGANISATIONS AND STATE ORGANISATIONS
(K § 19 and 55 of the Act) '.
23.
(1) Organisational elements shall, within the scope of their competence or the scope of their activities, regulate their relationships in the management of property and other legal conduct by registration. State organisations and state organisations and organisational bodies shall, within the scope of a specified activity or their competence, regulate their relationships in the management of property and other legal acts by written contract. In their mutual relations, the organizational bodies and state organisations shall ensure that the statutory basic obligations for the management of the property are consistently respected, and that the transactions resulting from the records and contracts entered into are of the nature of the assets or liabilities kept in the accounts shall be treated mutatis mutandis under the accounting legislation.
(2) The participating organisational units shall be identified in the minutes by their name, registered office and identification number of the person, together with the name and function of the natural person entitled to sign the registration, as well as the reason which entitles that person to sign. Where an organisational component is subject to registration with a specific property, the registration shall always state the reason for the competence of that branch to manage such property. If the registration changes the competence of the organisational body to manage the property, the date on which the change occurs shall be entered in the minutes and the transferring and receiving organisational component shall be identified. In the context of asset data, the price indication shall also be given according to the status in the accounting (operational records) of the transferring organisational entities. The content of the other arrangements in the minutes shall be subject mutatis mutandis to the provisions of the specific legislation governing the contract type, which is closest to the registration, and to the conditions and other rules resulting from the specific legislation and this decree.
(3) If the registration or contract changes the competence to manage the property, the transferring organisational body or the state organisation shall at the same time transmit proof of the acquisition of the property by the State, if it is available to it, as well as other legal and technical documentation relating to the property at its disposal and necessary for the proper management of the property; in the framework of this, it shall, in particular, demonstrate the current legal relationship of other organisational bodies or state organisations or other legal and natural persons with regard to such property, which shall at the same time inform the management of such change of jurisdiction in writing. That procedure shall also apply mutatis mutandis where the jurisdiction to manage the property is changed under the provisions of Section 20 of the Act. The relevant documentation shall also be transmitted to the necessary extent by the relevant organisational bodies or state organisations in their other legal acts.
(4) The registration and contract cannot establish a relationship between the organisational components and the state organisations incompatible with the subject matter of the activity or with the financing method of any of the participating organisational components or state organisations, and transactions having the nature of the lien and other similar transactions which could affect the competence of the organisation or the state organisation to manage the property cannot be negotiated.
(5) Relations between the organisational components and the state organisations whose purpose is to perform the nature of the service or to delegate the matter to consumption or use may be adjusted by the registration or contract, provided that it is necessary to ensure the exercise or activity of an organisational body or a state organisation, or where the public interest so requires, even without a time limit, but only to such an extent as to prevent the performance of the organisational component or of the State organisation operating the case from exercising its competence or activity.
(6) An organisational component or a state organisation which uses or enjoys an item with which another organisational component or a state organisation is responsible may not leave it to another person or other organisational component or organisation for use or consumption.
(1) An organisational component or a state organisation may only establish its jurisdiction by registration or contract in accordance with the provisions of Section 14 if it needs such property to ensure the exercise of its competence or activity, and in cases where the public interest so requires or the decree imposes. This shall be without prejudice to the procedure provided for in specific legislation, where such specific legislation would not allow the organisational body or the state organisation to take over certain assets within its jurisdiction.
(2) Where there is an interest in assets offered under the procedure provided for in Articles 19b (4) and (5) and Article 19c (1) of the Act in several organisational elements or state organisations, the relevant organisational body or state organisation (Sections 9 and 11 of the Act) shall act on the change of jurisdiction of the management of the property with the interested party who needs the property to perform the tasks of the Security Corps or in connection with the performance of those tasks; if such a candidate is not able to manage or to benefit from a change of jurisdiction, he shall treat the candidate who has fulfilled the conditions laid down in the tender, if they have been laid down. If the conditions have been met by more than one candidate and the order cannot be set or no conditions have been laid down and the candidates do not agree otherwise, the relevant organisational body or public organisation shall negotiate with the candidate who shall be designated by a lot in the presence of at least three members of the panel established under that organisational body or public organisation or in the presence of representatives of all candidates; This is without prejudice to the provisions of Sections 16 (2) and 19 (2).
(3) If the property offered by the State Representation Office in matters of property (hereinafter referred to as "the Office ') is subject to its procedure under Paragraph 19b (2) of the Act, the procedure laid down in paragraph 2 shall apply mutatis mutandis.
(4) If the property is to be taken over by an organisational body or a State organisation under the provisions of Paragraph 19b (1) of the Act, for reasons of need or public interest, by an organisational body or a state organisation within the competence of the same founder (founder) or central administrative body, or by the transferring organisational body (s), or, where applicable, by that founder (s), or by a central administrative authority, or by an asset offered as a priority for taking over under the provisions of Section 19b (3) of the Act, between the organisational elements and the State organisations within the competence of the same founder (s) or the central administrative office for the purpose of more economic disposal with it, the procedure laid down in paragraph 2 shall not apply; any offer shall be made in an appropriate manner only within the competence of the founder (s) or the central administrative office, and the receiving organisational component or state organisation shall be designated by the founder (s) or the central administrative office in the case of several candidates.
(1) Unless otherwise provided, the organizational bodies and state organisations may, for transactions negotiated under the provisions of Paragraph 14, grant moneyfuls6) or, where appropriate, reimbursement 6) at the agreed amount, or they may agree that cash transactions and, where appropriate, compensation will not be granted for the transactions negotiated.
(2) Failure to reach an agreement on the provision of cash or compensation or the amount of such cash or compensation referred to in paragraph 1, as well as any other condition (Paragraph 15 (2)), shall not be considered as a reason to conclude that the organisational body or public organisation has not shown an interest within the meaning of § 19c (3) of the first sentence of the Property Act offered under the procedure under § 19b (4) and (5) and § 19c (1) of the Act.
(3) Organisational units and state organisations may only agree to grant benefits in kind for transactions negotiated under the provisions of Paragraph 14 if the special legislature (6) or this decree does not exclude the possibility of agreeing cash payments or compensation.
(4) Organisational units and state organisations may agree to netting them in the case of cash or compensation agreed pursuant to paragraph 1 or in the case of non-cash transactions agreed pursuant to paragraph 3.
(5) Where it is clear from all the circumstances of the case that further recovery of the cash or compensation agreed pursuant to paragraph 1 or in kind agreed pursuant to paragraph 3 would not be successful, the organisational bodies and state organisations may unilaterally waive such recovery. Where an organisation or a State contribution organisation has its body, it shall be subject to a unilateral waiver of enforcement by that body.
(6) An organisation or a state organisation as a claim or other right to transfer to another person pursuant to the provisions of Section 32 of the Act, or to treat it otherwise for the benefit of another person, shall not yet have been accepted.
(1) Where an organisation or a state contribution organisation ceases to have a registration or a contract of competence to manage real estate for the benefit of another organisation or state contribution organisation, and those bodies or state contribution organisations have different bodies, the registration or contract shall be subject to the written approval of both bodies. Without such approval, there will be no change of jurisdiction.
(2) If an organisational component or a State contribution organisation which has its founder, registration or contract of competence to manage real estate for the benefit of a state organisation other than a contribution which it does not have with the transferring organisational component or State contribution organisation of the joint founder, the registration or contract shall be subject to written approval by the originator of the transferring entity or State contribution organisation. Without such approval, there will be no change of jurisdiction.
(3) Where the transferor or, where applicable, the transferee organisation or the State contribution organisation does not have a sponsor, the provisions of paragraphs 1 and 2 shall not apply to that organisation or State contribution organisation.
(4) The provisions of paragraphs 1 to 3 shall not apply where the organisational body responsible for the management of the property pursuant to the provisions of Section 11 of the Act treats that property in accordance with the provisions of Sections 15 (2) and (3) of the Act or if it is involved in the registration or contract for the taking over of the property by the Office under the provisions of Section 19b (1) of the Act. '
footnote 5 is deleted.
24. The following Section 17a is inserted after Section 17:
(1) If the property is to be taken over by the Office under an agreement pursuant to the provisions of Paragraph 19a of the Act, the registration or contract on the part of the transferring organisational body or state organisation shall be subject to the written approval of its founder (s) and, if it does not have the authority of the founder (s), the written approval of the central administrative office under whose jurisdiction the transferring organisational body or state organisation falls, or the written approval of another organisational body which is the competent authority of the State budget chapter for the transferring entity or organisation and, on the part of the Office, by the Ministry.
(2) If the transferring organisation itself is the administrator of the State Budget Chapter or if the transferring state organisation is not the founder of the transferring state organisation, and that state organisation is not within the competence of any central administration, the registration or contract shall be subject to written approval by the Ministry only.
(3) Without the approval referred to in paragraphs 1 and 2, there shall be no change of jurisdiction over the management. '.
25. In Paragraph 18 (1), the first sentence is replaced by the following: "If the relevant branch (Paragraph 11 of the Act) deals with the property referred to in Paragraph 10 of the Act for the benefit of another branch or state organisation, as required by the special nature of the property (Paragraph 15 (2) of the Act), it shall proceed in accordance with paragraphs 2 to 10."
26. in Paragraph 18 (3), "Ministry of Transport and Communications" is replaced by "Ministry of Industry and Trade";
27. Paragraph 18 (5) to (8), including footnotes 7 and 8, states:
"(5) Medical devices (7) and medications( 8) shall be transmitted to an organisational component or to a state organisation under the responsibility of the Ministry of Health designated by this Ministry, unless otherwise specified by the Special Legislation (10).
(6) Unbranded tobacco products under the Excise Tax and Unbranded Alcohol Act shall be transmitted to the Directorate-General for Customs, including semi-finished products, raw materials, manufacturing components or manufacturing equipment used for the manufacture of unlabelled tobacco products or unlabelled alcohol.
(7) Forests and parcels intended for the performance of forest functions (12) are to be handed over to an organisation or a state organisation entrusted with the management of such property. If a state organisation entrusted with the treatment of such property is not covered by the Act (Section 54 (1), fourth and fifth sentences), that property shall be offered to it; in the event of its lack of interest and if it is not possible to follow the first sentence, further action shall be taken in accordance with Paragraph 15 (2) of the Law.
(8) In doubts as to whether the property is to be handled under paragraphs 2 to 5, an assessment of the nature of the property shall be decisive, as determined by the central administration. Where there is doubt as to whether the property to be handled under paragraph 6 is concerned, the opinion of the Directorate-General for Customs shall be decisive. If doubts arise as to whether the property is to be handled in accordance with paragraph 7, the position of the Ministry of Agriculture shall be decisive.
7) Act No. 268 / 2014 Coll., on Medical Devices and amending Act No. 634 / 2004 Coll., on Administrative Charges.
8) Act No. 378 / 2007 Coll., on Medicines and on Amendments to Certain Related Acts (Law on Medicines), as amended. '
footnotes 9, 11 and 13 are deleted.
28. In Paragraph 18 (9), the words "up to 8 'are replaced by the words" up to 7' and the sentence "In case of doubt, paragraph 8 shall be applied mutatis mutandis' is added at the end of the paragraph.
29. in Paragraph 19 (1):
"(1) The organisational component or state organisation established or intended to receive assets pursuant to the provisions of Paragraph 18 (2) to (9) shall be obliged to accept it; Paragraph 14 (3) shall apply mutatis mutandis. Cash transactions under the provisions of Paragraph 16 (1) cannot be agreed in these cases. '
30. In Paragraph 19 (2), "5 'is replaced by" 3', the words "further procedure 'are inserted after the word" decision' and the word "content 'is replaced by the words" particulars'.
31. In the title of Part Four, "(K § 15 and 19 of the Act) 'is replaced by" (K § 15 and 19c of the Act)'.
32. Paragraph 20, including footnotes 15 and 16, reads as follows:
(1) Property in respect of which no other organisational body, state organisation or other person has shown any interest shall be retained by the relevant organisational body or state organisation (Sections 9 and 11 of the Act) and shall ensure that it is used in the manner and under the conditions laid down by the law and by this decree. At the same time, it shall seek, as far as possible and according to the nature and condition of the property in question, an appropriate way of dealing with the property; It shall act mutatis mutandis in respect of assets which have not yet been disposed of.
(2) The items referred to in paragraph 1, or parts thereof, which may be used as secondary raw material, shall be offered by the relevant organisational body or public organisation to the person concerned with the purchase of secondary raw materials.
(3) In the case of buildings referred to in paragraph 1 which are in poor technical condition and the cost of securing, repairing or reconstructing them permanently exceed the yield of their use or which are completely unused and cannot otherwise be disposed of more economically, the relevant organisational body or state organisation shall ensure that they are disposed of in accordance with specific legislation15). In the case of non-valuable tangible movable goods referred to in paragraph 1 which cannot be dealt with more economically in accordance with paragraph 2 or otherwise, the relevant organisational body or state organisation shall ensure that they are physically disposed of or otherwise disposed of in accordance with specific legislation16).
(4) In the case of assets for which the treatment for the benefit of organisational bodies, state organisations or other persons would be in breach of law and such consequences cannot be ruled out in the case of a movable matter without disproportionate cost or adjustment, the relevant organisational body or public organisation shall ensure its physical liquidation, mutatis mutandis, in accordance with the second sentence of paragraph 3.
15) For example Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 20 / 1987 Coll., on State Heritage Care, as amended.
16) For example, Act No. 185 / 2001 Coll., on waste and on amending some other laws, as amended. '
33.
(1) If the relevant organisational component or state organisation (Sections 9 and 11 of the Act) ascertains the buyers of the purchase by means of a selection procedure (Sections 22 (1) of the Act), it shall publish its terms on its website. At the same time, they shall publish those conditions according to the nature of the case sold and according to local conditions in at least one more way, for example:
(a) in cooperation with the local authorities in total;
(b) on a dedicated website designated for this purpose;
(c) advertising in the regional or national press; or
(d) at central address 17).
(2) The identification of buyers may be carried out on a repeated basis, as appropriate, by the relevant organisational body or public organisation, for lack of interest or because no candidate has been selected or the contract has not been concluded with the selected candidate.
(1) The relevant organisational body or public organisation shall define the basic criteria for the selection of the appropriate buyer in order to identify the buyers in accordance with the provisions of Section 21 and shall determine the order of importance thereof, indicating, where appropriate, that the criteria will be assessed as equivalent in their assessment.
(2) Where the intended sale is the subject of a case eligible for commercial use, the relevant organisational body or state organisation shall define the amount of the purchase price as first in order or a single criterion. As a general rule, under the terms of the tender, it also sets a minimum purchase price (Section 22 (2) of the Law). The minimum purchase price may be reduced accordingly in order to identify those interested in buying repeatedly for non-interest; when deciding on the use of this procedure, the relevant organisational body or state organisation shall assess in particular the nature and condition of the assets sold, the available information concerning the degree of divestiture of comparable assets and the course and duration of the prior identification of the buyers.
(3) Where interested parties are found to purchase a case for which the validity of the contract of sale is subject to the approval or authorisation of an exemption under the law or, where appropriate, by any other similar decision under a specific law, this condition shall be indicated at the same time as the description of the case and the criteria for selecting the appropriate buyer. Similarly, the extent to which persons are excluded from acquisition under the provisions of Section 18 of the Act, if the interested party ascertains the organisational component responsible under the provisions of Section 11 of the Act and if exclusion is considered.
(4) The deadline for applying for admission of candidates shall be determined by the relevant organisational body or state organisation for a period not exceeding 1 month, unless the nature of the item sold or the expected range of candidates justify a longer period. This applies mutatis mutandis to the definition of the deadline for the selection of the appropriate candidate.
(1) The relevant organisational body or state organisation shall terminate the examination of buyers of the purchase in accordance with the provisions of Section 21 if the conditions or circumstances in which it has decided to transfer the case to the ownership of another person or if there are other serious reasons for doing so. The relevant organisational body or public organisation shall inform the interested parties of the termination of the purchase survey without undue delay.
(2) The relevant organisational body or state organisation shall, after identifying the buyers, select the appropriate buyer and negotiate with the selected person the conclusion of the contract under the conditions laid down by law.
(3) The relevant organisational body or state organisation shall terminate the selection of an appropriate buyer or negotiation with a selected person if the conditions or circumstances in which it has decided to transfer the case to the ownership of another person or if there are other serious reasons for doing so are changed. The relevant organisational body or national organisation shall inform the interested candidate or the selected person of the completion of the selection of the appropriate buyer or of the conclusion of the negotiations with the selected person without undue delay. ';
footnote 18 is deleted.
Section 24 reads:
Where assets are the subject of the intended sale abroad, the procedures laid down in Sections 21 (1) and 22 (4) shall apply mutatis mutandis. ';
footnotes 19 and 20 are deleted.
35. in Article 26 (1), the word "provision" shall be inserted after the words "property under" and the word "law" shall be inserted after the words "up to 4."
36. in Article 26 (2) and (3), the word "provision" shall be inserted after the word "interim administration";
37. in Article 26 (4), the word "provisions" shall be inserted after the words "the conditions laid down in";
38. In Paragraph 28, the words "and 2 'are deleted and the second sentence is replaced by the words" Cash performance under the provisions of Paragraph 16 (1) cannot be agreed upon in these cases'.
For 2017, an application may be submitted in accordance with Section 1 of Decree No 62 / 2001 Coll., as effective from the date of entry into force of the Order, until 31 May 2016.
This Decision shall enter into force on 1 April 2016.
Minister:
Ing. Babiš v. r.
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Regulation Information
| Citation | Decree No. 82 / 2016 Coll., amending Decree No. 62 / 2001 Coll., on the Management of Organisational Components of State and State Organisations with State Property, as amended by Decree No. 569 / 2006 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.03.2016 |
|---|---|
| Effective from | 01.04.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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