Receivership (Prekovi law)

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In Prekovi law, receivership is a outcome in which a local assembly (Prekovi: věc)'s right of initiative is nullified, and its constituents are placed under the jurisdiction of the State Courts.

Background

The basic subdivision in Prekonate is the region (Prekovi: oblast). Regions are defined by their system of government; each region is managed by a local assembly, which has the power to create laws and manage local affairs. Consequentially, each region has its own system of courts and law enforcement.

A region's power is limited by Prekonate's constitution, the Provisions of Opava, which prohibits certain types of local law and establishes some rights for all Prekovis. It also establishes a system of State Courts, which can challenge local laws on their constitutionality.

Filing for receivership

The Ministry of Regions can challenge any local law deemed to be unconstitutional. The Ministry's attorneys submit challenges to the State Courts on behalf of the Government of Prekonate. The State Courts have no independent investigative power, and can only hear cases brought by the Government of Prekonate. Cases are heard by a panel of special judges.

If the Court determines that a local assembly has violated the constitution, it will dissolve the local assembly and place the region into receivership.

Outcome of a receivership ruling

The region will be administered by the Government of Prekonate (the "receiver") until a new assembly can be constituted.

The laws of the city-state of Ostrava will be applied to the region in receivership. The State Courts will try cases and issue verdicts. The Prekovi Army will enforce laws.

The time spent in receivership varies by region. After being placed in receivership, the State Courts review the region's legal code. Once it is deemed acceptable, the local assembly is reconstituted on a probationary basis. The average duration between a receivership verdict and the establishment of a new assembly is 4 years, 6 months.

Receivership today

Approximately 15% of Prekovi regions are in receivership.