What is Act No. 98 / 1988 Coll.?

Act No. 98 / 1988 Coll., amending and supplementing the Economic Code — Law amending and supplementing the Economic Code.

When it became Act No. 98 / 1988 Coll. effectiveness?

Act No. 98 / 1988 Coll. became effective 01.07.1988.

Is Act No. 98 / 1988 Coll. still valid?

Yes, Act No. 98 / 1988 Coll. is still valid and effective.

Act No. 98 / 1988 Coll. - Law amending and supplementing the Econo...

98

THE LAW

of 15 June 1988

amending and supplementing the Economic Code

The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:

Čl. I.

Economic Code No. 109 / 1964 Coll., as amended, is amended as follows:

Article III shall read as follows:

„Článek III

In order to carry out the tasks of economic and social development, the Socialist State shall establish or establish state undertakings and other state organisations and shall entrust them with parts of national assets.

The cooperative and social organisations manage their own property and, moreover, the national property entrusted to them by the State. The single agricultural cooperatives also manage the land in their social use. '

Article IV shall read as follows:

„Článek IV

The tasks of economic construction are primarily carried out by state enterprises and cooperatives. The economic activity shall also be carried out by social organisations where necessary for the performance of their tasks. ';

Article IX shall read as follows:

„Článek IX

The active and innovative participation of workers and their share in the management of the national economy, in particular the creation of plans, the improvement of economy, the conclusion of economic contracts and the monitoring of the implementation of plans and economic contracts, is a prerequisite for the continued development of the national economy. This participation of workers and their share of management are provided by social organisations, in particular the Revolutionary Trade Union Movement and the Socialist Authority. The authorities of socialist organisations shall be obliged to create appropriate conditions for extending the participation of workers and increasing their share of the management of the national economy. ';

4. Paragraph 8 (2) reads as follows:

"(2) Socialistic social ownership is the ownership of social, cooperative and social and other socialist organisations. '

5. the following Section 9a is inserted after Section 9:

„§ 9a

The property of a socialist organisation shall mean matters and property rights, including the rights to the results of research, development, project and other similar activities for which the organisation has ownership or right of management. ';

6.

„§ 10

(1) A Socialist organisation may seek the protection of property rights or of the right of management against unauthorised interference, in particular may require the issue of a case on the part of the person holding it illegally. The right of ownership and the right of management shall not cease to exist over time.

(2) The results of research, development, project and other similar activities may be used and handled by organisations only with the agreement of the organisation to which the rights belong, unless otherwise provided by law. "

7. The following Section 10a is inserted after Section 10:

„§ 10a

An organisation that is the owner of a thing, an organisation that has a right of management or an organisation that is the user of a thing must refrain from anything that would, above all, unduly harass another or seriously jeopardise the exercise of its rights. The organisation concerned may request that an organisation acting in breach of this prohibition refrain from such action or that the unlawful situation be removed. ';

8. Article 11 (4) reads as follows:

"(4) The construction is owned by the socialist organisation that acquired it, possibly by a social and state organization. '

9. Article 12 (1) reads as follows:

"(1) At the same time, the matter may be wholly owned and owned by cooperative or other socialist organisations, or by several cooperative or other socialist organisations (joint ownership). '

10.

„§ 14

Socialistic organisations are state enterprises, state economic organisations, budgetary and other state organisations, cooperative organisations, social organisations as well as other organisations whose activities contribute to the development of socialist relations. Socialist organisations are legal entities. ';

11. In Article 15, the words "even if they are not in their management (ownership) 'are replaced by" even if they do not have the right of economy or ownership'.

12.

"(2) In the cases and under the conditions laid down in the Act, they shall act on their behalf in economic relations and shall bear the property responsibility arising from such relations also from the organisational units or bodies of socialist organisations (hereinafter referred to as" the organisational units'); for their eligibility to acquire rights and to undertake, for the protection of ownership and management rights, for their economic activities, legal acts and obligations, the provisions of this law and other legislation relating to socialist organisations shall apply mutatis mutandis. ';

Article 13 (18a) reads:

„§ 18a

(1) Socialist organisations carry out an economic activity within the scope of the activity provided for in the instruments of incorporation, statutes, statutes or any other act by which certain economic activities have been authorised. within the scope of the activity, the retail sale of products produced, modified or otherwise processed by the organisation of the products sold and the provision of works or services related to the sale of related products, ancillary sales of products related to the work provided or performance performed.

(2) Socialistic organisations may also engage in other economic activities, provided that this does not interfere with the fulfilment of the binding outputs of the State Plan and the fulfilment of economic obligations. "

14. In the first sentence of Paragraph 21 (1), the word "this" shall be deleted from the word "the law."

15. The following Section 25a is inserted after Section 25:

„§ 25a

Where such a law or other legislation requires the consent of the competent authority for the effectiveness of the contract or any other agreement between the organisations and that authority has not communicated its opinion within one month of the date on which the request for consent was received, consent shall be deemed to have been given. ';

16. The following shall be inserted after the fifth part of the head:

„Hlava šestá

MEASURES BY THE ECONOMIC MANAGEMENT AUTHORITIES

§ 26a

(1) Ministries and other central government bodies, national committees, the Central Council of Cooperatives and Cooperatives' Associations against Cooperative Undertakings, as well as the Central Authorities of Social Organisations (hereinafter referred to as "economic management bodies"), shall act in economic relations in the management of the economic activity of socialist organisations within the scope of their jurisdiction, in cases and under the conditions laid down by this Act or by specific regulations, and shall bear the property responsibility of those relationships, as determined by this Act.

(2) On behalf of the economic management authority, the manager or worker authorised to do so shall act by the Statute, the Statutes or other organisational provisions.

§ 26b

(1) The measure by which an economic management body establishes, amends, cancels or confirms the authorisations and obligations of organisations must comply with the legislation, must be in writing, must contain a designation of the organisations to which it is addressed and its content must be specified. Further provisions of the measure may be laid down by law.

(2) In so far as this does not preclude the nature of the case, the economic management body shall be obliged to discuss the measures before it is issued with the socialist organisation to which it is to be addressed.

(3) The measure shall be effective on the date of service, unless it provides for a later date.

(4) The economic management body which issued the measure may, on a proposal from the organisation or on its own initiative, amend or repeal the measure; the provisions of paragraph 2 shall apply mutatis mutandis.

§ 26c

On a proposal from the organisation to which the measure is addressed, the economic arbitrage will invalidate the measure which is contrary to the legislation. If there is an urgent social interest, economic arbitrage may also render such a measure invalid on its own initiative.

§ 26d

(1) The economic management authority is obliged to make good any damage suffered by the organisation as a result of its action which is contrary to the law. Paragraph 146 to 148 shall apply mutatis mutandis to the extent and method of compensation.

(2) The period for the termination of the right to compensation shall be one year and shall start from the first day of the year following the date on which the injured organisation became aware of the amount of the damage and of the responsible economic operator. However, the right to compensation may be exercised no later than the end of the fifth year following the occurrence of the damage. Paragraph 132 (1) shall apply mutatis mutandis.

§ 26e

(1) If, as a result of the measures taken by the economic management body which it has granted in accordance with the legislation, the economic performance of the organisation to which the measure is intended, in particular to reduce assets or to escape assets, the organisation is entitled to seek compensation for the damage suffered by the body which issued the measure.

(2) The organisation is required to define the scope of its request in writing, to justify it and to submit it to the economic authority no later than six months after the occurrence of material damage, otherwise its right to cease. The economic management authority shall be obliged to express its views in writing on the organisation's request within three months of its receipt.

(3) The organisation shall be entitled to claim compensation for the economic arbitrage in the event that it has not been compensated in an agreed manner within a specified or agreed period, or that the economic management authority has refused, in whole or in part, the organisation's request or has not expressed itself within the time limit referred to in paragraph 2. Property damage is paid in cash. Paragraph 147 and 148 shall apply mutatis mutandis to determine the amount of the refund.

(4) The right to compensation for property damage shall cease if it has not been applied to economic arbitrage within six months of the first day of the month following that in which the law may have been applied for the first time in accordance with paragraph 3.

(5) The right to compensation shall not arise if the property damage is covered from other sources, if the injury has been caused by an export or import ban or by price changes. ';

17. The heading under the first title of Part Two shall read "STATE UNDERTAKINGS."

18.

„§ 27

The establishment of public undertakings, their legal status and their management as well as their organisation and management and other legal conditions shall be governed by the State Enterprise Act, the National Committees Act, other specific regulations and this Act. ';

19. The following Sections 27a to 27e are inserted after Section 27, including the title:

"Disposal of a state enterprise

§ 27a

(1) The purpose of the liquidation is to settle the assets of an abandoned state firm.

(2) Disposal shall be carried out unless the founder of the measures on all assets and liabilities of the deleted state enterprise has taken place.

§ 27b

(1) The founder shall propose the registration of the liquidation of the State firm and the liquidator he has appointed in the company register. During the period of liquidation, the undertaking uses its name with the addition "in liquidation '.

(2) The day on which the liquidation and the liquidator were entered in the company register ceases to be the day on which the office of Director and the authorities of the self-government. The liquidator shall be entitled to act on behalf of the State firm in matters relating to liquidation.

(3) The liquidator is obliged to notify immediately all organisations, bodies and other entities affected by the liquidation of the public undertaking.

(4) At the date of the start of the liquidation, the State firm shall draw up the accounts and accounts and forward them to the liquidator and the competent authorities.

§ 27c

(1) The liquidator shall draw up an opening balance sheet within 30 days of its registration and forward it to the founder, together with the liquidation plan, the winding-up budget and the inventory of the extraordinary inventory of economic resources made at the date of the start of the liquidation.

(2) The liquidator shall in particular:

(a) to concentrate money on one account with one money institution;

(b) complete normal matters;

(c) to settle contributions to the State budget, taxes and charges;

(d) settling liabilities and debts;

(e) to monetize or otherwise dispose of the assets of a public undertaking in the most economical and fastest manner, in accordance with national property management rules;

(f) report quarterly and annual reports to the founders on the course of the liquidation, supported by quarterly and annual accounts.

§ 27d

(1) The liquidator shall draw up the accounts on the date of completion of the liquidation and submit it to the founder for approval, together with a final report on the entire course of the liquidation.

(2) Liquidator after verification and clearance of accounts by the founder

(a) carry out the final proceeds of liquidation as directed by the founder;

(b) ensure secure storage of the file material and accounting documents;

(c) propose the deletion of a public enterprise from the company register.

§ 27e

If the proceeds of the liquidation are not sufficient to satisfy all remaining claims, the liquidator shall, with the consent of the founder, satisfy in particular the claims of the workers of the liquidated undertaking, the claims of the State in respect of contributions, taxes and charges; other claims shall be satisfied in proportion. ';

20. Paragraph 3 shall be deleted in Paragraph 28.

21. Paragraph 1 shall be deleted in Paragraph 30.

22. Paragraph 32 to 34 shall be deleted.

Article 23 (42) and (43) are deleted. The words "Establishment and" shall be deleted from the heading above Paragraph 42.

24. in Paragraph 46, paragraph 1 is deleted.

25. Paragraph 47 repeals paragraph 2.

26. In Article 49 (3), the last sentence is replaced by the following: "For the liquidation of state economic organisations, the provisions of paragraphs 27d and 27e apply mutatis mutandis, the other provisions on the liquidation of the state enterprise mutatis mutandis."

27. Sections 51 to 55 are deleted.

28. Paragraph 57 (1) shall be deleted at the end of the word "either directly by these organisations or their superior bodies."

29. The heading under the fourth head of the second part shall read:

"FULL-COMPANY SOCIALISTIC PROPERTY AND LAW OF NATIONAL MANAGEMENT '.

30. Paragraph 63 is deleted.

Article 31 (64) reads:

„§ 64

(1) The national property is matters and property rights, including the rights to the results of research, development, project and other similar activities, which are in socialist, social ownership.

(2) National organisations have the right to manage individual matters, claims and other property rights.

(3) State organisations may have a right of joint management on a case-by-case basis. Paragraphs 12 (2) and (3) and 13 shall apply mutatis mutandis. ';

32.

„§ 65

(1) The right of management of national property shall in principle be exercised by an organisation which is entrusted with the tasks for which the assets are wholly or principally used.

(2) Where doubts arise as to which organisation is to exercise the right of management over certain assets, the nearest joint management body of organisations between which doubts arise shall decide; if they do not have a joint managing authority, the relevant central authorities or, where appropriate, regional national committees shall decide in the agreement; If no agreement is reached, the Ministry of Finances1) shall decide at the request of one of them.

(3) National property for which, when acquired by the State, it is not apparent from a legal act or an official decision which the State organisation has the right to manage, shall be provisionally administered by the District National Committee, unless the legislation provides that another State body or organisation is doing so. The same applies to national assets, which are found not to be owned by any organisation. '

33. Paragraph 66 (1) reads as follows:

"(1) An organisation exercising the right to manage national property shall be entitled and obliged to use such property for the performance of its tasks and to treat it in accordance with those tasks; where it exercises the right of management to property which it does not need or is unfit for it to carry out its tasks, it shall ensure that the property is used elsewhere or is dealt with as effectively as possible. ';

34. in Paragraph 66 (2), the words "managing national property" shall be replaced by the words "exercising the right to manage national property."

35. in Paragraph 66, paragraph 3 is deleted.

36. In Paragraph 67, the words "For transfers of national property management 'are replaced by" For transfers of national property law'.

37. § 68 reads:

„§ 68

Transfers of the right to manage national property outside normal management are carried out by economic contracts (Section 347). The implementing act may lay down the conditions under which a transfer may be made for state organisations and cases where the transfer may be carried out by measures taken by the managing authorities. In the case of public undertakings, it may do so only in cases where the transfers of real estate right are determined by a territorial planning document or, where appropriate, by a territorial decision for the investment construction of other organisations and for land intended for individual housing construction. '

38. In Paragraph 71 (1), the words "which it has in its management 'are replaced by the words" to which it has the right to operate'.

39. in the introductory sentence of Paragraph 72 (1), the words "the management of claims" shall be replaced by the words "the right to manage claims" and in the provision under (c), the words "the management of assets" shall be replaced by the words "the right to exercise the right to manage assets."

40. In Paragraph 73 (1), at the beginning, the words "An organisation which has a claim in the State's administration is required on behalf of the State" shall be replaced by the words "An organisation which exercises the right to manage the claim of the State."

Section 73a reads as follows:

„§ 73a

(1) Paragraph 72 applies mutatis mutandis to the jurisdiction to exercise the right of management of other State property rights.

(2) Organisations are obliged to manage other property rights of the State, in particular those rights to use and ensure their continued effective use in the manner laid down by law. "

Article 42 (74) reads:

„§ 74

If the managing authorities detect a breach of their obligations in the management of national property, they may restrict the organisation to exercise its right of management. ';

43. the following Sections 74a and 74b are inserted after Section 74:

„§ 74a

(1) For infringements of the laws governing the protection and management of national assets, a fine of up to 500 000 CZK may be imposed by the competent financial authority to state organisations.

(2) The fine may be imposed no later than 1 year from the date on which the authority referred to in paragraph 1 became aware of the infringement of those provisions, but no later than three years from the date on which the infringement occurred.

(3) The fine may not be imposed if the organisation has been affected by another authority for infringement of those rules.

§ 74b

Paragraphs 65, 66, 70, 71 (1) and 74 shall not apply to public undertakings. '

44.

„§ 75

The implementing rules shall lay down:

(a) conditions for transfers of ownership to national assets by public undertakings and conditions for the acquisition of assets by public undertakings of collective ownership;

(b) the procedure for the transfer of national property law and the transfer of ownership to, the approval of, and the payment of transfers by state organisations other than public undertakings, and the conditions for the acquisition of assets for collective ownership;

(c) the method of recovery and, where appropriate, the waiver of claims by the State and the state organisations;

(d) the procedure for imposing the fines provided for in Article 74a. ';

45.

„§ 76

(1) Cooperative organisations are cooperatives, cooperative undertakings, joint ventures, cooperative associations and the Central Council of Cooperatives.

(2) The establishment of cooperative organisations, their legal circumstances and their management and their organisation and management and other legal conditions are governed by the Act on Agricultural Cooperatives, the Law on Housing, Consumer and Production Cooperatives, other specific provisions and that Act.

(3) For the liquidation of cooperatives, cooperatives, except agricultural cooperatives and joint ventures, the provisions of Sections 27d and 27e on the liquidation of a State enterprise shall apply mutatis mutandis, other provisions on the liquidation of a State enterprise mutatis mutandis. '

Paragraph 46 (77) to (93) shall be deleted.

47. in Paragraph 95 (1), the words "in the end" conferring the property on the administration "shall be replaced by the words" which have the right to manage the property. "

48. Paragraph 95 (2) reads as follows:

"(2) The law governing the management of a cooperative undertaking with assets of cooperative ownership is governed by specific provisions."

49. Paragraph 96 is deleted.

50. In the second sentence of Paragraph 98, part of the sentence behind the semicolon is deleted.

51. The second sentence of Paragraph 101 reads: "These bodies and bodies have a right of management, within the scope of the statutes or measures of the central body of the social organisation, for the property owned by the social organisation which they use to carry out their tasks. '

52. In Paragraph 102 (2), part of the sentence behind the semicolon reads: "the assets they use to carry out their tasks are entitled to the right of management."

53. In Paragraph 103, the words "to which the assets of the social organisation have been entrusted to the administration 'are replaced by the words" which exercise the right to operate'.

54. In Article 106 (1), the following sentence is added at the end: "The provisions of Article 27d and Article 27e on the liquidation of a public undertaking apply mutatis mutandis, the other provisions on the liquidation of a public undertaking mutatis mutandis. '.

55.

Citation	Act No. 98 / 1988 Coll., amending and supplementing the Economic Code
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	15.06.1988
Effective from	01.07.1988
Effective until	-
Status	Valid

Act No. 98 / 1988 Coll.

Law amending and supplementing the Economic Code

Contents