Entry point
The entry point (also: entry point) is a linguistic equivalent of the competent authorities, companies and organizations for the completion of the post post office . The term is used extensively in Austria , partly also in Liechtenstein . However, the task of an infeed point can go beyond that of a simple post office in various institutions.
Austria
dishes
In Austrian courts, there is only ever one entry point. If several courts are grouped together, a common entry point can be set up (Section 37 (2) Geo).
The official traffic within the court does not usually go through the entry point (§ 50 Abs. 2 Geo).
organization
At the head of the office is the head of the office, who also reports to the persons employed at the entry point. The special services, such as the entry point, are subject to the direct supervision of the head of the court or a judge appointed by him (Section 32 (3) Geo).
If possible, the entry point should be located at the entrance to the courthouse (Section 4 (3), Section 37 (2) Geo).
tasks
The main task of the entry point of a court is:
- Dealing with the parties if provided,
- Provision of the business distribution overviews of the court concerned for the public (§ 22 Abs. 2 Geo),
- Keeping the income diary and expenditure diary, the check account diary, the transit reservation, the reservation book for deferred custody fees and outstanding cash expenses and the mail collection book (Section 332 (1) Geo).
- Incoming and outgoing cash and valuables as well as personal income and payments are handled by two employees of the entry point together (Section 332, Paragraphs 2 and 3 Geo),
- Maintaining the Vr register (see file number ) and possibly the directory of names for the Vr register (Section 505 (2) Geo at courts of law),
Process of receipt in the entry point
Documents that are received by the court are generally to be received by the employee responsible at the entry point (Sections 99 (1), 100 (1) Geo). As a rule, the entry point is not allowed to accept money and valuables (§§ 99 Paragraph 5, 295 Geo).
The entry point may not reject any documents or return them to the deliverer after they have been handed in (§ 99 Paragraph 1 Geo) or accept entries with the order not to deal with them officially immediately, but only later or only under certain conditions (§ 99 Paragraph 3 Geo ).
Upon request, the entry point must confirm receipt to the deliverer in his presence (§§ 99 Para. 4, 102 Geo). The entry note contains the name of the court as well as the day, month and year of receipt (Section 102 (2) Geo, for land register matters and for submissions designated as urgent, the hour and minute of receipt must also be stated - Section 103 (3) no. 1, 449 Geo; § 5 UHG). The entry note must be affixed to the upper edge in the middle of the first page of each piece (Section 103 (1) Geo).
All sealed documents are to be opened immediately at the entry point without breaking the seal (Section 101 (2) Geo). Exceptions to this are documents that are addressed to the head of the court (the presidium) and submissions that contain the will of a deceased person in a recognizable manner or after notification by the deliverer (Section 101 (1) Geo, Section 61 Foreign Trade Act ). The employee of the entry point only has to take note of the content of the documents to the extent that they are to be allocated correctly and to be able to determine whether there are obviously urgent or land register items among them (Section 101 (2) Geo).
After the incoming items have been received, they are to be entered in the registers and other business aids (Section 361 (2) Geo), insofar as they already concern pending matters, to be added to the existing files, to be provided with business figures and possibly page numbers and, if necessary, to be entered in the file overview (§ 108 Abs. 2 Geo).
After the handling of the incoming items, urgent items (e.g. detention items, see also §§ 110 and 135 Geo), the other incoming items are to be handed over to the business department to whose business area they belong several times a day at certain hours immediately (§ 106 para . 1 Geo). This is known as ablation .
opening hours
The court's entry point must be kept open during the court's office hours (Sections 23 (1), 24 (1), 37 (3) Geo).
Inlet box
For large courts, the President of the Higher Regional Court can, in accordance with Section 38 (1) Geo, order the installation of trunks for receiving submissions.
Sump boxes are to be installed near the entrance on the outside of the courthouse, to be emptied several times a day during the court's term of office (Section 38 (2) Geo).
Supreme Court
The clerks and contract employees of the registry of the Supreme Court take care of the office business. According to Section 16 Paragraph 2 lit. g) OGHG the entry point.
In the entry point of the OGH are
- " to accept all documents and other mailings intended for the Supreme Court, unless " (...) " exceptions are decreed " (Section 17 (1) OGHG), and
- Arrange the incoming items and hand them over to the business departments once a day. " Business items that are identified as urgent must be handed over to the responsible business department immediately ". (Section 17 (3) OGHG),
Money and valuables may not be accepted at the OGH entry point.
All documents are to be marked with the entry note " which contains the name of the court as well as the day, month and year of receipt " (§ 17 Abs. 2 OGHG).
" The submissions to the President or the Presidium of the Supreme Court and all documents in presidential matters must be taken over by the head of the President's business department and marked with an entry note. This entry note must differ in form and color from the entry point of the entry point " ( Section 17 (4) OGHG).
Notaries
" Notaries have to create the technical prerequisites for the electronic forwarding of applications for entry in the commercial register in their office and are obliged to accept written applications in place of the court and to forward the applications to everyone ". Notaries thus become the extended entry points of the court.
Ministries
In the area of the ministries , different ministries can set up joint facilities (e.g. official library, registry, entry and exit points , chancellery, typing and other auxiliary points. The entry points are sometimes referred to as entry and exit points).
Liechtenstein
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In the Principality of Liechtenstein , the rules of procedure for the Princely Court in Vaduz was essential parts and sometimes word for word from Austria rezipiert (largely I.'s rules of procedure for the courts and II instance -. See above).
Simplifications have been made, depending on the size of the country and the smaller number of courts.
State administration
According to the ordinance of January 10, 1995 concerning registrations in the Liechtenstein national administration, the registrar has to open incoming mail " unless it is expressly addressed personally to a specific person " (Art 19).
Incoming documents are provided with the receipt stamp and the file number.
See also
Web links
- 17 OGHG entry point on jusline.at
Individual evidence
- ↑ Section 2, Paragraph 2 of the Rules of Procedure for Courts I and II Instance (Geo), ÖBGBl. No. 264/1951. Just like the delivery service and accounting for official and party funds.
- ↑ Exceptions e.g. E.g .: §§ 71, 100, 135, 192, 449, 450, 617 Geo.
- ↑ § 2 Paragraph 4 Geo. The Rechtspfleger are excluded insofar as they act as such.
- ↑ § 99 para. 1 Geo: " Documents addressed to the head of the court (the presidium) can also be taken over by him or, in the case of large courts, by an employee of his business department according to his order " (see also § 101, 103 para. 2 Geo) . " The judges and the other employees of the court are not authorized to accept submissions unless otherwise provided in other regulations ." Exception § 99 Abs. 2 Geo: " Deeds and other enclosures or further copies of a written submission already handed over can also be accepted in the court department dealing with the matter. Cost lists that are handed over according to the regulations of § 54 Abs. 1 ZPO are from Judge (chairman) to take over "as well as § 100 Abs. 2 Geo. Letters addressed personally to judges and other employees of the court must be sent to them immediately unopened (Section 106 (5) Geo).
- ↑ Document Deposit Act, ÖBGBl. No. 326/1974.
- ↑ Supreme Court Act, öBGBl. No. 328/1968.
- ↑ Commercial Register Act, ÖBGBl. No. 10/1991.
- ↑ See also § 2c Judicial Commissioner Act, ÖBGBl. No. 343/1970.
- ↑ Joint institutions of the BKA and the BMAA, ÖBGBl. No. 51/1975. Joint institutions of the BMUK and BMWF, ÖBGBl. No. 129/1975.
- ↑ See: Rules of Procedure for the Princely Regional Court in Vaduz of December 31, 1969, LGBl 3/1970, in particular Art 17.
- ↑ LGBl 117/1995.
