Acting in Case of Submission and Dealing with Complaints and Announcements

General legal regulation regarding submission and dealing with complaints was on 1.1.2006 incorporated to the Act No 500/2004 Coll. (Rules of Administrative Procedure-further only Rules).The Rules admit the right to address the administration bodies with complaints against unsuitable behaviour of officials or against the procedure of the administration body solely to those person, who are touched by the activity of the administration body in the particular case unless the Rules provides them with another protection measure.
 
The complaint has to be submitted to the particular administration body, which is in charge of the administrative proceeding. Matters regarding the state administration of the real estate cadastre should be submitted to the local competent cadastral office.
 
Submission of the complaint is the act aimed at the administration body. It must be clear from the submission, who the claimant is, what the subject of the submission is, and what is proposed. Natural person must indicate first name and surname, the date of birth and permanent residence address or another delivery address in the submission.  While submitting the complaint regarding the business activities the natural person indicates first name and surname, or appendix differentiating the business person or type of business regarding this person or his business, identity number or similar data and seat address registered in the business registry or another delivery address. Legal person is indicated by the name or business company, seat or other delivery address and identity number (IČO) in case it exists. The submission must contain the name of the administration body to be addressed and the claimant´s signature. The submission can be done in writing or orally to the record or in electronic form signed with the Recognized Electronic Signature (RES). Using of electronic signature and provision of related services is regulated by the Act. No 297/2016 Coll., on Services Creating Trust for Electronic  Transactions, which at the same time regulates the control of obligations stipulated by this Act together with sanctions for their violation. Provided that the submission is confirmed or completed as described in previous sentence within 5 days, it is possible to do so via other technical means, especially via telex, telefax, or public data net without use of RES. If the submission has not the prescribed requisites or has other defects, the claimant is asked to remove the insufficiencies or is offered the help of the administration body with removal of them. The administration body provides the claimant with the adequate time for doing so together with instructions regarding the acting of the body in case the insufficiencies are not removed. In such a case the administration body will not further deal with this complaint.
 
All complaints not containing enough data necessary for claimant identification or not containing the address of the permanent stay or another delivery address are considered anonymous.
 
The complaint must be solved within 60 days after its delivery to the appropriate administration body. The claimant must be informed about solving the complaint within this period. Given period can be prolonged only if the documents necessary for solving the complaint need longer time to be completed. If it is impossible to state what the complainer demands in case of anonymous complaint, this is set aside without notice.
 
If the complainer means that the complaint being submitted to the appropriate administration body has not been solved properly, he can ask the superior administration body for review of the way of complaint handling. Matters regarding the state administration of the real estate cadastre should be submitted to the local competent survey and cadastral inspectorate.
 
Possible announcements regarding reasonable suspicion of the commission of an offence have to be submitted to the investigative, prosecuting and adjudicating bodies. State administration bodies of the cadastre and land surveying are not entitled to investigate such announcements.
 

Date of last update: 24.06.2020