Government Decree No. 91 / 1960 Coll.
Administrative Regulation
Valid
Effective from 01.07.1960
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91
GOVERNMENT REGULATION
of 24 June 1960
on administrative procedure
The Government of the Czechoslovak Republic orders pursuant to § 45 of Act No. 65 / 1960 Coll., on National Committees:
Management before national committees
Basic principles of management
(1) The National Committees ensure the protection and implementation of the rights and legitimate interests of citizens and organisations in accordance with the interests and development of the socialist state and the society of workers. They raise citizens to respect the laws and rules of socialist order in society, to voluntarily and consciously fulfil their obligations to society and the state and to respect the rights of fellow citizens.
(2) In a procedure in which they decide on the rights and legitimate interests of citizens and organisations or their responsibilities, the national committees shall act in such a way as to facilitate the implementation of these objectives as effectively as possible.
(1) The national committees shall deal with each case in a conscientious and responsible manner. Citizens and organisations whose rights, legitimate interests or procedural obligations are concerned (parties) shall always be given the opportunity to defend their rights and legitimate interests effectively. They provide them with the necessary assistance and guidance and ensure that they do not suffer any damage to the proceedings due to lack of knowledge of the regulations.
(2) The national committees shall ensure that the parties participate actively in the preparation and publication of the measures relating to them and that they are satisfied that they are correct. They shall ensure that parties who are unable to act alone or whose residence is unknown are duly represented in the proceedings; If necessary to defend their interests, they shall be appointed guardian.
National committees use the procedure to develop their organisational and educational activities and to deepen the participation of workers in the administration of the state. The proceedings shall be conducted in close cooperation with the workers and their social organisations and shall be based on their experience, incentives and assistance. They explain to the parties the purpose of their measures and explain to them the link between the present case and the performance of the economic and cultural construction tasks.
National committees ensure that the management takes place quickly, economically and without unnecessary burden on citizens.
Jurisdiction
(1) Where national committees are of substance, they shall decide on the rights, legitimate interests and obligations of citizens and organisations in normal matters of local and urban national committees, on other matters of district national committees.
(2) The calculation of the normal cases in which local and urban national committees decide is set out in the Annex to this Regulation.
(1) National Committees shall initiate proceedings on a proposal or on their own initiative.
(2) A proposal to initiate proceedings may be lodged with the local (urban) national committee, even if the national committee is not competent to decide on the matter.
(3) The local (urban) national committee shall provide the party with the necessary assistance in the exercise of his or her rights, carry out the necessary inquiries, as far as possible, and, if it is not competent to decide on the matter, submit a proposal with its opinion to the relevant national committee.
The local jurisdiction of the National Committee shall be governed by the residence of the citizen (seat of the organisation) or, where appropriate, by the last residence or residence (seat). In matters involving an activity, jurisdiction shall be governed by the place of that activity and in matters relating to the property, by the place where the property is. In cases where several national committees would be locally competent, the national committee which first initiated them shall conduct proceedings unless otherwise agreed by the participating national committees. In doubt, the national higher-level committee shall determine the local jurisdiction.
Form for the decision
(1) The national committee responsible for the decision on the case is required to establish the state of the case as precisely and fully as possible. The national committee shall therefore, unless the local (urban) national committee has already done so pursuant to Article 6, carry out the necessary inquiries, where appropriate on the spot, hear the witnesses who may contribute to the clarification of the matter, obtain an expert opinion where necessary, request the necessary documents or, where appropriate, other supporting documents. The parties to the proceedings shall cooperate closely with the national committee to provide supporting documents for the decision; the national committee must always deliver an opinion on their proposals.
(2) The national committee may, instead of proof, accept the affidavit of the party. Before making a statement of honour, the party to proceedings must be brought to the attention of the criminal consequences of false information in the declaration. A declaration of honour may not be accepted by the national committee if it is of general interest or if the equality between the parties is infringed.
(3) The minutes of the national committee shall be drawn up on oral statements and on important procedural acts.
The national committees shall give the parties an opportunity to comment on the evidence and the manner in which it is found or to propose to supplement it before the decision is taken. To that end, the parties may consult the files, except for voting entries, and make copies of them. The National Committee shall take measures to ensure that national, economic or professional secrecy is not infringed by consultation of the files. However, the maintenance of professional secrecy is not a reason for them to be excluded from consultation of a part of the files containing established circumstances which are or may be the basis for a decision.
Decision
(1) The decision must comply with the laws and other legislation, be based on a reliably established state of affairs and ensure, as far as possible, the protection of the rights and legitimate interests of citizens and organisations in conformity with the general interest.
(2) A decision shall not be taken if the parties to the proceedings have concluded a conciliation procedure between them with the approval of the national committee. The national committee shall approve the reconciliation if it is in conformity with the law and the general interest.
In simple cases, the national committee shall decide without delay after the proposal has been submitted. In other cases, it shall normally decide within 30 days. If, within that period, it cannot decide on the particular complexity of the case or on other important grounds, the parties shall inform the parties thereof, stating the reasons and shall inform them of the time limit within which they decide.
(1) The decision must be duly substantiated and must contain a lesson in the appeal.
(2) The justification must be convincing in order to show the correctness of the decision and to educate citizens to perform their duties in a voluntary and disciplined manner. Justification shall not be required if the decision satisfies all the parties in full.
(3) The notice of appeal shall indicate whether the decision is final or may be appealed against, by which time limit and where the appeal is to be lodged. If an incorrect or incomplete notice of appeal has been given, or if the decision of appeal fails to provide an instruction of appeal and the party to proceedings has therefore lodged an appeal after the deadline, the appeal shall be deemed to have been lodged on time.
The decision shall be given in writing. A decision which has been given orally in the presence of a party to proceedings shall not be given in writing if the party to proceedings renounces the service of a written copy of the decision.
(1) The decision shall be delivered to the addressee's own hands.
(2) If the addressee has not been contacted, although he is present at the place of service, the bearer shall inform him accordingly that the decision taken in his own hands will be delivered to him again on the day and hour specified in the notification. If the new attempt to deliver remains without result, the decision shall be deposited at the post office or at the local national committee and the addressee shall be informed accordingly. If the addressee does not collect the decision within 3 days of its imposition, the last day of that period shall be deemed to be the date of service of the decision, even if the addressee has not been informed of the imposition.
(3) The addressee whose residence is unknown may be served by issuing a public order for 15 days; the last day of that period shall be deemed to be the day of service.
(4) Where the addressee refuses to take a decision without justification, the decision shall be deemed to have been served on the date on which the receipt was refused; the addressee must be made aware of that.
Appeals
(1) The decision may be appealed against.
(2) However, no appeal is permitted,
(a) where this Regulation or other legislation expressly provides that no appeal may be made; or
(b) where the person is not a party to the proceedings; or
(c) if they are lodged by a party who has given up the appeal in writing or orally.
(1) The appeal shall be lodged within 15 days of the date of service of the decision and, if the party to proceedings has renounced the service of the written copy of the decision, within 15 days of the date of the oral publication of the decision. The appeal shall be lodged with the national committee which issued the decision.
(2) The date on which the decision was served does not count until the deadline (orally published). If the time limit for the day of work ends, the last day shall be the next working day. The time limit shall be maintained if the appeal has been submitted to postal transport before its expiry. In doubt, the time limit shall be deemed to be maintained.
(1) It has suspensory effect at the time of the appeal.
(2) The national committee may rule out the suspensive effect of an appeal if immediate enforcement of the decision is necessary for an urgent general interest; the urgency of the general interest must be duly justified. No appeal shall be made against a decision excluding the suspensive effect of an appeal.
(1) An appeal against a decision of a national committee department shall be decided by the competent committee of that national committee and, if not established, its advice.
(2) If it has decided in the first chair of the Committee of the National Committee, the Board of the National Committee shall decide on its appeal.
(3) If the Board of the Local National Committee decided in the first chair, the appeal against its decision shall be decided by the National Committee at its plenary session.
The appeal against a decision of a local (urban) or district national committee on social security benefits and services shall be decided by a similar body of the national committee of the highest degree.
All parties must be informed of the appeal lodged, of the new claims made by the appellant and of the results of the proceedings completed after the appeal lodged, in particular of the new evidence made.
The authority of the national committee which has given the decision may, in its entirety, comply with the appeal if the decision of the party to the proceedings is not the same as that of the appellant or if the other parties agree.
(1) If the authority of the national committee which issued the decision is unable to comply with the appeal itself, it shall submit it without delay with a report of the results of the completed procedure and its opinion to the appeal body (Sections 18 and 19).
(2) Where the appeal is justified, the appeal authority shall amend or revoke the decision; or reject them. Where an appeal has been filed late or inadmissible, the appeal authority shall examine whether there is a reason for the annulment or amendment of the decision outside the appeal procedure; otherwise it shall also reject the appeal.
(3) In the absence of a decision to appeal by the national higher-level committee (Paragraph 19), the appeal body relies on the opinion of the national higher-level committee on matters requiring a specific expert assessment (e.g. health and anti-epidemic care, water, etc.).
(4) The appeal decision, issued by the appellate body, cannot be appealed against.
The appeal procedure shall be carried out promptly so that the appeal can be decided as a rule within 30 days of the date on which it was lodged. If the national committee is unable to decide on the particular complexity of the matter or on other important grounds within that time limit, it shall inform the parties thereof, stating the reasons therefor, and shall inform them of the time limit within which it decides.
Review of the decision outside the appeal procedure
(1) The national committees have the right, in the cases provided for in the Law on National Committees, to cancel or, where appropriate, amend decisions taken outside the appeal procedure, either on their own initiative or on any other initiative, in particular on a complaint from workers or on the basis of the outcome of the inspection activity.
(2) When cancelling or amending a decision, the national committee shall ensure that the rights acquired in good faith are least affected.
(3) A decision given pursuant to paragraph 1 by the plenary session of the National Committee or by the Council of the District or Regional National Committee shall not be appealed against.
Review of the decision on the basis of the prosecutor's protest
(1) If the prosecutor's protest has been brought before the authority of the national committee which issued the decision, that authority may revoke or replace its decision by a decision corresponding to the law. If that authority does not wish to comply with the protest, it shall, within a period of time, submit it to the competent authority responsible under the National Committees Act to review its decision outside the appeal procedure.
(2) There is no appeal against the decision to protest the prosecutor.
Administrative execution
(1) Decisions of the national committees, the conciliations concluded before them and the statements of arrears drawn up by them are executed by administrative execution. However, it can only be followed when the call and the persuasion to voluntarily fulfil the obligation imposed in the decision has no effect.
(2) Decisions of the National Committee may be taken if no appeal is admissible or if the appeal has no suspensive effect. A statement of arrears may be made if it has been drawn up on the basis of an enforceable decision or on the basis of the debtor's obligation under the legislation to pay without a special decision.
(3) The decisions of the national committees, the conciliations before them and the statements of arrears drawn up by them are also an enforceable title for judicial execution.
The administrative execution shall be carried out by a local (urban) national committee, provided that its performance is not entrusted to the district national committee or that its performance has not been reserved by the district national committee.
Enforcement for non-monetary claims
(1) The means of execution for the recovery of non-monetary claims are, as a rule, a replacement exercise or a fine.
(2) The replacement exercise consists in the performance imposed in the decision being carried out on the load and the risk of the debtor.
(3) If, according to the nature of the case, the replacement exercise is not possible or effective, compliance with the obligation imposed in the decision by the imposition of fines shall be enforced; the individual fine may not exceed 200 CZK and the sum of all fines imposed exceeds 500 CZK.
(4) If the purpose of execution cannot be achieved by other means, the obligation imposed in the decision may exceptionally also be imposed directly, e.g. by presentation, removal of the item or document, removal of the apartment, property or part thereof.
(5) The person must be informed of the intended removal 48 hours in advance. When cleaning, care must be taken to ensure that the cleaned goods are not damaged. The items cleared shall be submitted to the person responsible; If this is not possible, the National Committee shall arrange for the safekeeping of such items on the cargo of the obliged entity.
(1) The national Committee implementing the execution may object to individual enforcement actions or measures.
(2) The objections have only suspensory effect,
(a) if they are directed against a call for execution by removal;
(b) if they oppose the imposition of a fine,
(c) where it is claimed that the enforcement has already been carried out or that the time limit has not yet expired;
(d) where a third party exercises a right in respect of the subject of execution which does not permit execution.
(3) The rules on appeal shall apply mutatis mutandis to opposition proceedings.
Execution for cash claims
The administrative execution procedure for tax claims and charges shall be governed by specific provisions. The provisions on the procedure for the administrative execution of tax claims shall apply mutatis mutandis.
Costs
(1) The costs incurred by the national committee shall be borne by the national committee. The National Committee shall also pay the necessary expenses and earnings, which have been proven to have escaped from the witness; the witness's claim shall cease if he has not applied it within 3 days of his hearing.
(2) The costs incurred in the proceedings shall be borne by the party itself. The national committee may order the participant to cover the costs of the proceedings incurred by the national committee by the fault of the participant, in particular by its arbitrary or intentional delay. The national committee may also order the participant to compensate the other parties for the costs incurred by their fault.
Proceedings before other authorities
This Regulation shall apply mutatis mutandis to procedures in which other public authorities decide on the rights, legal interests or obligations of citizens and organisations; the appeal against the decisions of those authorities shall be decided, if not by the central authority, by the authority closest to the highest level.
Final provisions
Immunity and privileges granted under international law, international treaties concluded by the Czechoslovak Republic or by Czechoslovak legislation should be investigated in the proceedings.
(1) This Regulation shall be adopted in accordance with the procedure laid down in this Regulation, unless the provisions of specific provisions provide otherwise. However, the provisions governing jurisdiction to decide on appeals contrary to this Regulation shall be deleted.
(2) Furthermore, the following is deleted:
(a) Government Regulation No 20 / 1955 Coll., on administrative proceedings (Administrative Rules),
(b) Decree No 73 / 1955 of the Ministry of Justice of the Ú. l., which lays down more detailed rules on administrative proceedings.
(3) The provisions on the handling of complaints, notifications and initiatives of workers and, so far, the rules on criminal proceedings shall remain without prejudice to administrative procedures, including provisions on the competence of the authorities of national committees to carry out such proceedings. Also, the rules on the jurisdiction of health care and anti-epidemic care bodies remain unaffected.
The provisions of this Regulation shall also apply to proceedings initiated before the date of its entry into force.
This Regulation shall apply from 1 July 1960; All members of the government will do it.
Broad v. r.
Dolan v. r.
Kopecký v. r.
Bark v. r.
Shimonek v. r.
Jankovcová v. r.
Dr Acid v. r.
Plojhar v. r.
David v. r.
Děuriš v. r.
Krajčir v. r.
Kromir
General of the Army of Lomská v. r.
Machachová v. r.
Dr Non-edible v. r.
Polack v. r.
Strougal v. r.
Uher v. r.
Lamb
Jonah v. r.
Dr Kahuda v. r.
Reitmajer v. r.
Dr Skoda v. r.
Dr Hlasák v. r.
Potato
ge. Black v. r.
Dr Neuman v. r.
Ouzký v. r.
Pospíšil v. r.
ge. Púčik v. r.
Annex to Decree-Law No 91 / 1960 Coll. on § 5 (2)
Decision-making powers of local and urban national committees in the normal affairs of citizens and organisations
Local and urban national committees shall deal with and decide on the following common issues for citizens and organisations at each section of their activities:
On the agricultural sector
- decide on the allocation of agricultural land to use and take other measures to ensure agricultural production
Government Regulation No. 50 / 1955 Coll., on certain measures to ensure agricultural production
- co-operate in the implementation of the economic and technical adjustment of the land, in particular by discussing and attempting to settle by agreement the comments of owners and users of the land against the proposed land modification, declaring the landing and approval of the project of such adjustment
Government Decree No. 47 / 1955 Coll., on measures in the field of economic engineering adjustment of land,
Decree No 27 / 1958 of the Ú. l., which lays down the implementing rules for the government regulation on measures in the field of economic technical adjustment of land
- decide on measures to control plant pests Act No. 188 / 1950 Coll., on improving plant production,
Decree No. 118 / 1951 Ú. l implementing certain provisions of the Act on the Improvement of Plant Production
- identify agricultural land which is useful to convert into arable land, negotiate conversion with owners (users) of the land and, where justified, order them to convert to arable land
Act No. 48 / 1959 Coll., on the Protection of the Agricultural Soil Fund,
Decree No. 7 / 1960 Coll., on the Protection of the Agricultural Soil Fund
- impose compulsory use of machined fertilisers on farmers who are eligible for proper cultivation of their fields and do not fulfil their production and supply tasks.
Decree No 178 / 1959 Ú. l., on the management of machined fertilisers in 1960
- discuss with hop growers and describe the extent of the renewal and extension of hops
Act No. 39 / 1957 Coll., on hop production areas, hop positions, compulsory marking of hops and the registration of hops,
Order No 141 / 1957 Ú. l., on registration, renewal, cancellation and maintenance of hops
- decide to banish dead, dying and aged fruit trees
Order No 220 / 1956 Ú. l., on the banishment of dead, dying and aged fruit trees
- give consent to the slaughter or sale of sows for slaughter purposes
Decree No 1005 / 1949 Ú. l., on compulsory arrest of sows, on the purchase and disposal of piglets for further breeding and on the reporting and registration of sows and piglets, as amended by Decree No 1093 / 1949 Ú. l. I
- grant permission to sell calves for slaughter
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Regulation Information
| Citation | Government Decree No. 91 / 1960 Coll., on Administrative Procedure |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.1960 |
|---|---|
| Effective from | 01.07.1960 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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