Amendments to the ZZUSUDJZ (judicial, administrative, other public matters) – Q & A

Measures regarding judicial proceedings

What happens in the instances when a party in the ongoing insolvency proceedings misses the deadline or does not appear at the hearing, where it would be required to provide proposals, statements and objections?

The Act currently does not regulate that matter.

Article 121(3) ZFPPIPP nevertheless provides that a person who misses the deadline or fails to appear at a hearing it should provide or submit proposals, statements or objections, shall no longer be able to provide or submit them after the expiry of the deadline or after the hearing.

The court shall consider and decide on the application, proposal, statement, objection or other procedural act or submitted document, even if the party missed the deadline or failed to appear at the hearing during the time of the existence of measures due to the reason, directly connected to the COVID-19 epidemic and the court did not yet adopt a decision.

At the time of the submission of an application, proposal, statement, objection, performance of other procedural act or submission of a document, the party is required to prove the reason for missing the deadline or the reason for missing the hearing.

Is it possible to perform service of judicial writings also in unurgent matters?

No.

The Act currently does not regulate that matter, however, Article 83(1) ZS stipulates that in times of natural and other substantial disasters, epidemics of larger scale or similar extraordinary events of large proportions, specific courts conduct hearings and decide only in urgent matters.

Yes.

The courts hold hearings, decide and serve judicial writings in matters that are not urgent, if they can ensure that their conduct is performed in line with conditions, prescribed by the President of the Supreme Court with a decree and in such manner that the virus disease does not spread and that the health and life of people is ensured.

The court shall, on the judicial writing, envelope or other document accompanying the judicial writing served in accordance with the above, inform the party about the commencement of the time limit in accordance with Article 2 of this act.

Measures in administrative and other public law matters

Can the oral hearing and other procedural acts in administrative matters, where participants may be in direct contact, be performed also in unurgent matters?

No.

In administrative matters, with the exception of urgent matters, the oral hearings and other procedural acts are not performed where the official authority, party and any other participant can be in direct contact

Yes.

Oral hearings and other procedural actions where the official authority, party and any other participants are in direct contact, are performed also in matters that are not urgent, provided that due to their performance, the virus infection does not spread and the health, and life of the official authority, party and other participants is ensured.

Is a personal service of documents possible in unurgent administrative matters?

No.

Except in urgent matters, personal service of documents in administrative matters pursuant to Article 87 ZUP is not performed.

If the personal service is performed after the date this Act entered into force, and the matter is not considered as urgent, the deadlines resume to run the day after the publishing of a degree of the expiry of the measures from this Act and on 2 July 2020 at the latest.

Yes.

However, in the matters concerning misdemeanours, a personal service is performed only if they are considered as urgent (in all other cases, a personal service will be performed after the expiry of the interim measures).

Service of decisions, orders or other documents, which must be served in person pursuant to Article 87 ZUP, are in unurgent administrative matters performed with their service to the letterbox, PO box or electronic mailbox of the addressee.

Service in an electronic mailbox (i.e. the email address that the person listed in an application or an email address from which an application was sent) is performed if the person was informed of such service and gave consent. In the case of a service in the electronic mailbox, the addressee is required to acknowledge the receipt.

When is a service of documents considered to be affected in unurgent matters?

The Act currently does not regulate that matter.

Service of documents shall be effected on the sixth working day from the day of its dispatch or on the twentieth working day from the date of its dispatch, if served abroad in a physical form, unless the addressee of the decision or other document did not receive it or received it subsequently.

In case of doubt as to whether the addressee received the decision or other document, the receipt and the date of receipt shall be proved by the public authority.

The public authority may, by telephone, electronic means or otherwise verify if the addressee received the decision or other document and when he received it.

What happens when there is a doubt as to whether the addressee actually received the document?

The Act currently does not regulate that matter.

In case of a doubt as to whether the addressee received the document due to the fact that the proof of service does not exist, the service is performed again.