Pursuant to Act No. 315/2016 Coll. on the Register of Public Sector Partners and on Amendments to Certain Acts (hereinafter referred to as the “RPVS Act”), the register of public sector partners shall include, among other things, information on whether whether the ultimate beneficiary of the public sector partner or another person in the ownership or management structure of the public sector partner is a public official performing a public function in the Slovak Republic.
Under this provision, the public sector partner is required to inform the authorized person whether the above-mentioned persons perform or do not perform a public function. Since only public functions performed in the Slovak Republic are entered in the register of public sector partners, the public function of a person performing such a function abroad (e.g. in the Czech Republic) is not relevant for entry in the register of public sector partners.
Under the applicable legislation, a public official is a person whose function is exhaustively defined in Article 2(1) of Constitutional Act No. 357/2004 Coll. on the protection of the public interest in the performance of public functions, and therefore the registration obligation applies to the following functions:
a) the President of the Slovak Republic,
b) members of the National Council of the Slovak Republic,
c) members of the Government of the Slovak Republic,
d) heads of central state administration bodies who are not members of the Government of the Slovak Republic,
e) judges of the Constitutional Court of the Slovak Republic,
f) the President and Vice-President of the Supreme Court of the Slovak Republic,
g) members of the Judicial Council of the Slovak Republic,
h) the Prosecutor General of the Slovak Republic and the Special Prosecutor,
i) the Public Defender of Rights, the Commissioner for Children and the Commissioner for Persons with Disabilities,
j) the President and Vice-Presidents of the Supreme Audit Office of the Slovak Republic,
k) state secretaries,
l) the Chief of the General Staff of the Armed Forces of the Slovak Republic,
m) the Director of the Slovak Information Service,
n) members of the Banking Council of the National Bank of Slovakia,
o) mayors of municipalities,
p) mayors of cities,
q) members of municipal councils and members of municipal councils in Bratislava and Košice,
r) presidents of higher territorial units,
s) members of higher territorial units,
t) rectors of public universities,
u) the president and vice-president of the Office for Personal Data Protection,
v) the Director General of Radio and Television of Slovakia and members of the Radio and Television of Slovakia Council,
w) the Director General of the Social Insurance Agency and members of the Supervisory Board of the Social Insurance Agency,
x) the statutory body or members of the statutory body of the General Health Insurance Company and members of the Supervisory Board of the General Health Insurance Company,
y) the Director General of the Press Agency of the Slovak Republic and members of the Board of Directors of the Press Agency of the Slovak Republic,
z) members of the Broadcasting and Retransmission Council and the director of its office,
za) the chair and vice-chairs of the Regulatory Office for Network Industries and members of the Regulatory Council,
zb) the chair and vice-chair of the Regulatory Office for Electronic Communications and Postal Services, and the chair and vice-chair of the Transport Authority,
zc) the statutory body or members of the statutory body, members of the management body and members of the control body or supervisory body of legal entities whose members are directly or indirectly proposed or appointed by the state or a legal entity wholly owned by the state,
zd) the director of a state-owned enterprise and members of the supervisory board of a state-owned enterprise appointed by the state, and in the event of the liquidation of a state-owned enterprise, the liquidator,
ze) the general director and deputy general director of the Slovak Land Fund and members of the board of the Slovak Land Fund,
zf) the president of the Financial Directorate of the Slovak Republic,
zg) the chairperson and members of the administrative board of the Institute of National Memory,
zh) the general director of the Slovak Railways,
zi) members of the statutory body of the Export-Import Bank of the Slovak Republic,
zj) the chair and members of the Supervisory Board of the Health Care Surveillance Authority,
zk) the chair and members of the Budget Responsibility Council,
zl) the president and vice-presidents of the Police Force of the Slovak Republic,
zm) the director of Military Intelligence,
zn) the head of the Office of the President of the Slovak Republic, the head of the Office of the National Council of the Slovak Republic, the head of the Office of the Public Defender of Rights, the head of the Office of the Judicial Council of the Slovak Republic, the head of the Office of the Constitutional Court of the Slovak Republic,
zo) Secretaries General of the service offices of central state administration bodies,
zp) public officials not listed in points a) to zo), if so provided by law.
(https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2004/357/20200101.html)
As Article 2(1) of Constitutional Act No. 357/2004 Coll. on the protection of public interest in the performance of public functions, effective from 1 January2020, several public functions (such as mayor) were added to the amendment, we ask public sector partners to carefully assess whether the obligation to register the performance of public functions by the persons concerned as public officials in the Slovak Republic is applicable.
