Questionnaire Slovak Rep
IV.2 What are his main tasks in the field of private and commercial law?
The Prosecutor General is
entitled to file the motions to the Supreme Court with a view to obtain the
Supreme Court’s opinion and to ensure so the uniform interpretation of law.
Under special acts and under the terms and conditions therein stipulated, the Prosecutor
General is entitled to put forward to the Supreme Court an extraordinary remedy
against a final decision made by a court of law in a civil matter as well as a
proposal to recognize and acknowledge the final decision made by a foreign
authority in marital matters, paternity and adoption.
In addition to the powers granted only to the Prosecutor General, all prosecutors are vested with several powers in civil, administrative and commercial matters. The prosecutors exercise their powers in the civil judicial proceeding in the extent defined under separate laws, primarily in the separate code regulating the judicial proceeding in the administrative, commercial and civil matters, i.e. the Civil Procedure Code (CPC hereinafter).
If so provided by the separate law, the prosecutor is empowered
- to submit a motion for commencement of civil judicial proceeding
- to enter pending civil judicial proceeding
- to represent the State in the proceeding before the court
- to submit a remedial measure against court’s decision in the civil judicial proceeding.
Under sect. 35 Civil Procedure Code, the prosecutor may submit a motion to commence a proceeding if it concerns the review of the legality of decisions taken by the administrative bodies in cases where the prosecutor’s protest was not admitted, provided that the terms contained in that law are fulfilled, if that concerns exercise of State’s claim, under a separate law, for handing over of unjustified enrichment including property benefit obtained from unfair/fraudulent sources, and in the event stipulated by a separate law. The prosecutor is entitled to enter a pending proceeding and act as a party:
- in matters concerning legal capacity;
- in matters concerning declaration of death;
- in matters concerning the recording into the Commercial Register;
- in matters of upbringing of minors;
- in custodianship matters; and
- in bankruptcy and settlement matters.
In addition to the powers granted only to the Prosecutor General, all prosecutors are vested with several powers in civil, administrative and commercial matters. The prosecutors exercise their powers in the civil judicial proceeding in the extent defined under separate laws, primarily in the separate code regulating the judicial proceeding in the administrative, commercial and civil matters, i.e. the Civil Procedure Code (CPC hereinafter).
If so provided by the separate law, the prosecutor is empowered
- to submit a motion for commencement of civil judicial proceeding
- to enter pending civil judicial proceeding
- to represent the State in the proceeding before the court
- to submit a remedial measure against court’s decision in the civil judicial proceeding.
Under sect. 35 Civil Procedure Code, the prosecutor may submit a motion to commence a proceeding if it concerns the review of the legality of decisions taken by the administrative bodies in cases where the prosecutor’s protest was not admitted, provided that the terms contained in that law are fulfilled, if that concerns exercise of State’s claim, under a separate law, for handing over of unjustified enrichment including property benefit obtained from unfair/fraudulent sources, and in the event stipulated by a separate law. The prosecutor is entitled to enter a pending proceeding and act as a party:
- in matters concerning legal capacity;
- in matters concerning declaration of death;
- in matters concerning the recording into the Commercial Register;
- in matters of upbringing of minors;
- in custodianship matters; and
- in bankruptcy and settlement matters.
