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Within the meaning of Section 2(4)(d): “A public sector partner is not another state or its authorities.” Is it possible to proceed in accordance with the above provision in the case of a foreign entity established by a special law for the purpose of performing a public service, i.e. a public law institution?

Autor: Hronček & Partners, s. r. o.
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 Within the meaning of Section 2(4)(d): “A public sector partner is not another state or its authorities.” Is it possible to proceed in accordance with the above provision in the case of a foreign entity established by a special law for the purpose of performing a public service, i.e. a public law institution?

 

When determining who can be considered a public administration entity of another country for the purposes of applying the exemption from the obligation to register, Slovak legislation must be used as a basis. If public law institutions are also considered to be public administration entities in Slovakia, then reciprocally, we also consider them to be public administration entities in other countries. Public law institutions are characterized in legal theory as associations of persons constituted on the basis of a legal regulation, the purpose of which is to provide public services. In the Slovak Republic, for example, Rozhlas a televízia Slovenska (Slovak Radio and Television) is considered a public benefit institution. Public law institutions are also listed in the Slovak Republic in the register of public administration entities maintained by the Statistical Office of the Slovak Republic. Public law institutions in the Slovak Republic are also listed in the register of public administration entities maintained by the Statistical Office of the Slovak Republic. This is another argument why, in our opinion, these entities (with the exception of state administration and local government entities) are considered to be part of the public sector of another country and are exempt from the registration requirement under Section 2(4)(d) of the ZRPVS.


Hronček & Partners, s. r. o.

Hronček & Partners, s. r. o.

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