Frequently asked questions
When was the Office of the government representation in property affairs established?
The Office was established with the effective date of the Act No. 201/2002 Coll., Act on the Office of the Government Representation in Property Affairs, on 1 July 2002. It is an organizational constituent of the State - an independent accounting unit - falling under the Ministry of Finance of the Czech Republic (http://www.mfcr.cz/cps/rde/xchg/mfcr/hs.xsl/en.html).
Who is the general director of the Office?
Mr. Miloslav Vaněk is the general director of the Office (os-generalni-reditel.php).
What are the main activities of the Office?
Its main task is to represent the State and municipalities at court hearings, arbitration committees, administration authorities and others, and to manage the state property and protect it. This happens on the basis of skilled and professional activities of employees of the Office working throughout the whole territory of the Czech Republic.
Does the institutions for protecting state property exist in any other countries?
In many European union countries and also troughout the world offices exist with very similar function to the Office of the Government Representation in Property Affairs in Czech Republic. Most countries have instruments to protect state property and represent its interests in this field. The Office was established on 1 July 2002 by the Act No. 201/2002 Coll., Act on the Office of the Government Representation in Property Affairs. After the experience of the past period, we could say that a large part of the community in the Czech Republic were acquainted with the activities which the Office provides. Citizens know, this is the institution which was missing in the Czech Republic, and which is common in the countries of EU and also in the world.
What legal services does the Office provide?
The Office is acting for other government constituents at court hearings and similar proceedings regarding proprietary rights of the State, financial claims, business transactions, and complaints lodged with the Constitutional Court - acting at Czech courts, at court hearings abroad, and at international courts hearings. The Office is bringing suits and acting at court hearings regarding the ownership, validity of contracts on property transfers, groundless enrichment to the detriment of the State, etc. - acting on its own incentive or on the incentive of the Ministry of Finance or the Supreme Audit Office. Again the Office is acting for another government constituent in property-related cases on the basis of a contract, acting as a secondary participant at civil court hearings, where property of a State organization is involved and where legal interest of the State exists, acting as a participant at civil court hearings regarding the validity of contracts among non-state organizations on property transfers where justified property interest of the State exists, acting for municipalities at court hearings and so on.
Where is it possible to find the information about public sale of the movable and real estate state property?
The Office manages the property unnecessary for its activities in accordance with Act No. 219/2000 Coll., and its Implementing Regulation No. 62/2001 Coll. In brief, the Office preferentially offers the unnecessary property to the other organizational constituents of the State, and if they are not interested, it transfers the property to other non-state entities (corporations or natural entities) showing interest in the property offered.
As a rule, the property is offered in a tender if there are no serious reasons for a different procedure.
The general rules for the offer of real estate are published at the website of the Office at "Services of the Office - Main Principles of Real Estate Realization" (realization meaning the sale or gratuitous transfer).
In this time, the citizens will find out about selling state property generally from notice from the printed medias and official boards of municipalities. The Office in this case broke through and introduced a service for the supply of movable and real estate property at the website of the Office:
info-o-prodeji.php
http://www.uzsvm.cz/majetek.php
What is the central register of state property?
One of the main tasks of the Office is to manage the state property. The priority in this area is to build up a central register of state property. There has been no such register in the history of the Czech Republic, not even in the history of Czechoslovakia. The aim is to reach the following: there will be known the amount and the structure of state property, the amount of state property within the Office power to manage will be appropriate to real possibilities of maintenance of this property. Every user of state property will be known, and those using property without legal cause precluded. Unnecessary property will be realized with maximum profitability.
What relationship does the Office have to border crossings?
The Office took over, in accordance with government order No. 56/2003, within the year 2004 from General Directorate of Customs in total 63 border crossings. There is staying at the border crossing Service of Foreign and Frontier Police and at some of them will be situated control supervisory of the adjacent states. If in there will be unused spaces in this frontier crossing, the Office will proceed in accordance with Act No. 219/2000 Coll., and the regime actions of the Police of the Czech Republic.
How does the office proceed in the administration of non-state property?
Effective from the 1st of January 2004, courts may, in accordance with Act No. 279/2003 Coll., authorize the Office to administer the property and detained items. There is reason to expect growing importance of this matter with regard to the rapid growth in the number and value of property seized. Its real amount is difficult to estimate. It will undoubtedly be a matter of the Office's agenda in the next few years. The Office is currently in talks with the representatives of the Justice Ministry of the Czech Republic, public prosecutors and Police of the Czech Republic to make clear the methodical and practical aspects of taking over and administering non-state property.
What does the term escheat mean?
It is the property of persons who have died and have no legal or testamentary heir. Court commissioners are to investigate whether or not there are any legal or testamentary heirs alive. If no heirs are found, the State is asked to intervene. If the property falls to the State, the Office settle the entire estate, has it assessed by an expert, and finally puts it up for sale.
Where can citizens find out more information about the Office?
INFORMATION CENTER
Rašínovo nábřeží 390/42
128 00 Praha 2
E-mail: podatelna@uzsvm.cz