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(1) If a court to which a case has been referred as the court with the proper jurisdictionconsiders that the court that referred the case or another other court has jurisdiction, itshall initiate a procedure for resolving the conflict of jurisdictions.(2) Where in connection with an appeal against a decision of a court of first instancedeclaring its lack of jurisdiction a court of second instance renders a decision, thisdecision shall also be binding with respect to jurisdiction for the court to which the casehas been referred, if the second-instance court has jurisdiction for resolving jurisdictionaldisputes between the courts involved.Article 39(1) Jurisdictional disputes between courts shall be decided by the court immediatelysuperior to the courts involved.(2) Before rendering a ruling on a jurisdictional dispute, the court shall ask the opinion ofthe public prosecutor representing the prosecution before that court in cases whencriminal proceedings are conducted on his request.(3) Rulings on jurisdictional disputes are not appealable.(4) If the conditions referred to in Article 34 of this Code are fulfilled, the court mayconcurrently with the decision on jurisdictional dispute also render ex officio a decisionon the transfer of territorial jurisdiction.(5) Until jurisdictional disputes between courts are resolved, each of the courts involvedare is required to undertake procedural actions with respect to which there is a danger ofdeferrals.Chapter IIIRECUSALArticle 40A judges or lay judge may not perform judicial duty:1) where he was aggrieved by the criminal offence;2) where the judge is the spouse or relative by blood to any degree, or collaterally to thefourth degree, and by marriage to the second degree, of the accused person, hisdefence counsel, the prosecutor, aggrieved parties, their legal representatives orproxies;3) where the judge is a foster-parent or foster-child, adopter or adoptee, guardian orward of the accused person, his defence counsel, the prosecutor or aggrieved parties;4) where in the same criminal proceedings the judge had performed investigatoryactions, or had taken part in the proceedings as a prosecutor, defence counsel, legal