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Reclassification of an application

 Česky

In principle, the applicant manages his/her application. That means that according to Section 45(4) of the Administrative Procedure Code, the applicant may reduce thesubject of an application or withdraw an application, while this right cannot be exercised after the issuance of the decision of the administrative authority at the first instance and before the commencement of the appellate proceedings. Such acts are wholly in the competence of the applicant. If, for instance, an applicant withdraw his/her application, the MOI CR will halt proceedings under Section 66(1)(a) of the Administrative Procedure Code.    
 
Amendment of the content of the application or its extension is also in the competence of the applicant. However, the applicant may perform these acts only in the period up until issuance of a decision and requires the permission of the MOI CR, which assesses such a request in accordance with Section 41(8) of the Administrative Procedure Code. The MOI CR may not, therefore, alter the content of an application, or rather reclassify it, independently without the knowledge of the applicant, and also the applicant cannot amend the content of the application without the consent of the MOI CR.
 
If, during the proceedings, the MOI CR discovers that although the applicant does not satisfy the conditions for acceptance of the application to the scope in which it was submitted, but obviously satisfies the conditions of a different provision, it may discuss the possibility of amending the content of the application and, with the consent of the applicant, decide on the application with amended content.

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