Act No. 100 / 1970 Coll.
Law on the service relationship of members of the National Security Corps
Valid
Effective from 01.01.1971
Contents
ČÁST PRVNÍ
§ 1
§ 2
Hlava první
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
Hlava druhá
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
Hlava třetí
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
Hlava čtvrtá
§ 48
§ 51
§ 53
§ 54
Hlava pátá
§ 56
§ 57
§ 58
Hlava šestá
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
Hlava sedmá
Oddíl první
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
Oddíl druhý
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
Hlava osmá
§ 98
§ 99
§ 100
§ 101
§ 102
§ 103
§ 104
§ 105
§ 106
§ 107
§ 108
§ 109
§ 110
§ 111
§ 112
§ 113
§ 113a
§ 113b
§ 113c
§ 114
§ 114a
§ 115
Hlava devátá
§ 116
§ 117
§ 118
§ 119
§ 120
§ 121
§ 122
§ 123
§ 124
§ 125
ČÁST DRUHÁ
§ 126
ČÁST TŘETÍ
§ 127
§ 128
§ 129
§ 130
§ 131
§ 132
§ 132a
§ 133
§ 134
§ 135
§ 136
§ 137
§ 138
§ 139
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100
THE LAW
of 17 November 1970
on the service relationship between members of the National Security Corps
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
Further development and consolidation of the socialist social establishment in the Czechoslovak Socialist Republic, effective protection of public order, the security of citizens and their constitutional and other legal rights and freedoms is a fundamental concern of our society. The National Security Corps performs important tasks on this section.
The National Security Corps is a socially important service. It places high demands on its members in terms of political, professional, moral, mental and physical, and is also associated with the threat to their life and health. The special terms and conditions of service of the National Security Corps therefore require special arrangements for the service of its members.
SERVICES
Preliminary provisions
This law regulates the employment relationship, in particular the rights and obligations arising therefrom, as well as the fundamental issues of substantive security for members of the National Security Corps (hereinafter referred to as "members').
(1) Members shall be in service to the National Security Corps.
(2) On behalf of the National Security Corps, the Ministers of the Interior shall act and take decisions on matters of service in their fields of competence and, to the extent provided by them, other institutions, chieftains and commanders shall also act and act in the cases provided for in this Act (hereinafter referred to as "the Service Authorities").
(3) Chiefs and commanders are entitled, within their powers, to impose duties on subordinate members, to organise, manage and control their activities and to give them orders and instructions to do so.
Establishment and change of service
Conditions for admission and admission
(1) A Czechoslovak citizen older than 18 who applies for admission may be admitted to service, and
(a) is committed to a socialist social establishment;
(b) is righteous;
(c) achieve the required degree of education;
(d) is physically and mentally competent for the performance of the service; and
(e) carry out a basic military service (replacement) where it is subject to a military obligation.
(2) The service authorities are required to inform the applicant for admission to service of the fundamental rights and obligations arising from the service, in particular the terms of the service and the physical security, and to inform him in writing of the conclusion of the admission procedure.
(3) The admission procedure will be adapted by the Minister of Interior of the Czechoslovak Socialist Republic.
Establishment of service
(1) A service relationship is established by a written decision on the admission of a candidate to service.
(2) The decision to accept a candidate for employment shall include the date on which the service takes up, the appointment, the type of service (office), the place of employment (place of employment) and the designation of the service authority which has decided to take up the service; the decision is also intended to include the remuneration and duration of the probationary period (Sections 6 (1) and (2)). Where the tenderer is exceptionally recruited for a specified period of time, the decision shall also specify the duration of the service.
(3) The service shall be incurred on the date specified in the decision on the admission to service of the tenderer as the date on which the service is started, if the tenderer enters on that date. If the tenderer is unable to enter the service because the day of taking up the day of continuous rest in a week or holiday, the condition of taking up the service on a specified day shall be deemed to have been fulfilled if the tenderer enters the service on the next day of service.
(4) Members shall be suspended from membership and activity in the political parties for the duration of their duties (1) and in political movements (2).
Service oath
(1) Upon taking up service, the officer shall take an oath of service; it may be included in the service only after its composition.
(2) If a member refuses to take an oath of service, his service shall end on the day on which the refusal occurred.
(3) The official oath is as follows:
"I, a member of the National Security Corps, solemnly declare my loyalty to the Czechoslovak Socialist Republic.
I'll be an honest, brave and disciplined member of the National Security Corps. In the performance of my duties, I will abide by the Constitution and the laws and protect the constitutional establishment of the Czechoslovak Socialist Republic, the rights of citizens and public order.
To do that, I am prepared to spend all my strength and ability and put my life on the line.
I swear! "
Test period
(1) A probationary period of not less than three months and not more than 24 months, depending on the type of service and qualification of the member, shall be determined upon admission to service. The principles for determining the length of the probationary period are laid down by the Minister of Interior of the Czechoslovak Socialist Republic; in these principles it may also determine when the test period may exceptionally be waived.
(2) If the probationary period is to be more than three months, or if it is to be waived, this shall be indicated in the decision to accept the candidate for service.
(3) The prescribed trial period may be shortened, with the consent of the member, if the member achieves very good results during the probationperiod.
(4) During the probationary period, a member may not be included in a separate service of a security nature except in cases specified by the Minister of Interior of the Czechoslovak Socialist Republic.
(5) At the end of the probationary period, the service is continued unless it has ceased under Paragraph 98 (1).
Service uniform
(1) The provisions on service uniform, badges and other equipment, as well as the duties of members, are issued by the Minister of Interior of the Czechoslovak Socialist Republic.
(2) Under the conditions laid down by the Minister of the Interior of the Czechoslovak Socialist Republic, on festive occasions, service uniforms may be worn with a different designation by those who have been released from the service pursuant to Paragraph 99 or released pursuant to Paragraph 100 (1) (b) or (c) and are beneficiaries of an invalidity or old-age pension from the social security of members. The Ministry of the Interior decides who is entitled to wear a uniform of service with a distinctive designation. Persons entitled to wear a uniform of service with a distinctive mark shall not have the rights or obligations of members.
Rank
The following rank shall be established:
(a) ensign: sergeant-in-chief, sergeant-in-chief, sergeant-in-chief, sergeant-in-chief,
b) Officer: Lieutenant, Lieutenant, Lieutenant, Captain, Major, Lieutenant Colonel, Colonel,
(c) General: Major General, Lieutenant General, Colonel General.
Appointment and promotion
(1) On admission to service, a member shall be appointed to the rank of sergeant; If he has a full secondary education, he is appointed to the rank of officer, and if he has a university education, he is appointed to the rank of lieutenant.
(2) Once the probationary period has been successfully completed, the member shall be promoted to the rank of officer; If he has complete secondary education, he is promoted to the rank of Senior Officer, and if he has a higher education, he is promoted (appointed) to the rank of Lieutenant.
(1) A member shall be entitled to a promotion to a higher rank of battalion or officer, with the exception of the rank of Colonel, if he fulfils the following conditions:
(a) perform, for a specified period of time, a function for which a higher rank than that for which it actually has, and achieve good results in the performance of its duties;
(b) the period of service of years in rank has expired since his last promotion; and
(c) meet the qualification criteria laid down for the function or rank to which it is to be promoted.
(2) Qualification requirements and rank for functions, the term of office of a higher rank than the member actually has, and the term of service of years in rank is determined by the Minister of Interior of the Czechoslovak Socialist Republic.
(3) A member shall be promoted to the rank of Lieutenant Colonel and to higher rank only if he has a higher education. The promotion to the rank of colonel and rank of general is selective.
(1) A member of the battalion rank is entitled to:
(a) promotion to a higher rank of battalion, if he has reached complete secondary education after the end of the probationary period;
(b) the appointment to the rank of Lieutenant if, for a specified period of time, he has successfully performed a function for which he has been appointed as an officer, has achieved complete secondary education and fulfils the qualifications laid down for the rank of Lieutenant;
(c) appointment to the rank of Lieutenant if he has reached university education after the end of the probationary period.
(2) The period of successful performance within three years according to the type of service and qualification of the member and the qualification conditions for the rank of Lieutenant (paragraph 1 (b)) are laid down by the Minister of Interior of the Czechoslovak Socialist Republic.
(1) The Minister of the Interior of the Czechoslovak Socialist Republic lays down the conditions under which members who have achieved a higher education may be appointed to the rank of lieutenant or senior to the rank of lieutenant and, after the end of the probationary period, to the rank of lieutenant or to the rank of senior; lay down the principles for appointment to rank when receiving candidates for service who were already members of the National Security Corps or the Armed Forces. If the admission of a candidate to service in the National Security Corps immediately follows the termination of his / her service in the Correctional Education Corps or vice versa, he / she shall retain the rights and rank acquired.
(2) Members shall be appointed and promoted by the competent service authorities to the rank of officers and officers. The President of the Czechoslovak Socialist Republic is appointed and promoted to the rank of General; Proposals for appointment and promotion to the rank of General are submitted by the Government of the Czechoslovak Socialist Republic, the Government of the Czechoslovak Socialist Republic and, as regards the other members, the Government of the Czech Socialist Republic or the Government of the Slovak Socialist Republic.
Withdrawal of rank
(1) Interior Ministers in their fields of competence
(a) withdraw the battalion or officer's rank from a national who has demonstrated his conduct as hostile to the socialist establishment;
(b) may withdraw the rank of officer or officer of a member who has committed an act which is in direct conflict with the moral policy requirements imposed on the member.
(2) Withdrawal of rank or rank shall be discussed in advance in special commissions set up by the Home Ministers.
(3) The rank of General shall be withdrawn under the conditions laid down in paragraph 1 by the President of the Czechoslovak Socialist Republic on a proposal from the Government (§ 12 (2)).
Lease of rank
(1) An officer may be given a higher rank than he actually has, for as long as he is required to do so by the duties or duties entrusted to him.
(2) The rights and obligations attached to that rank belong to the officer to whom the higher rank has been conferred; However, the grant of rank shall not give rise to the right to an adjustment of the service revenue.
(3) The authorities referred to in Article 12 (2) lend the rank.
Staff evaluation
(1) The staff evaluation is the basis for deciding on the appointment and promotion of members to rank, their appointment and removal, as well as other changes in their duties.
(2) The professional evaluation depends on the assessment of the education, practice and other assumptions needed for the performance of the duties, in particular the moral political capacity and professional performance of the member. The conclusion of the staff evaluation shall include an assessment of the competence of the member of the service, taking into account the function performed and reasoned proposals for appropriate measures.
(3) The service evaluation shall be carried out by chiefs and commanders during the trial period and before its end, in other cases at least once every five years. Details of the service evaluation are provided by the Minister of Interior of the Czechoslovak Socialist Republic, who may also adjust the service procedure resulting from the service evaluation.
(1) A member must be informed of the content of the staff evaluations.
(2) The service authorities are required to ensure that the service of a member corresponds to its service evaluation.
Establishment of functions
(1) The Staff Authorities shall appoint members in accordance with the needs of the National Security Corps, the formal qualifications and the conclusion of the service evaluations and the health status of the members.
(2) Only a member who has reached the age of at least 24 years and has a university law degree may be appointed as an investigator. The condition of higher education in law may exceptionally be waived by the Home Ministers in their fields of competence for important reasons, provided that the member appointed as an investigator otherwise provides a guarantee of the proper performance of that function.
Transfer to another function
(1) A member must be transferred to another post,
(a) if, according to the opinion of the medical commission, the ability to perform an existing function has been permanently lost or its performance would be detrimental to its health or if its ability to perform a service is permanently altered for health reasons;
(b) if, as a result of the organisational changes, its current office is cancelled,
(c) if, according to the conclusion of the professional evaluations, he is not fit to perform his previous duties; or
(d) where a decision has been taken to release him from service pursuant to Article 100 (1) (e) or (f) and his leaving in service until termination of service is not possible.
(2) A member may be transferred to another post,
(a) if he has himself requested this for personal or family reasons; or
(b) if, without the fault of the service authorities and despite their written warning, it has consistently failed to produce satisfactory results in the performance of the service.
(3) The transfer to another function shall be effected by the removal of a member from his or her previous post and its provisions into another function in the same type of service and, if not possible, in another type of service. A member shall also be removed from his current post if he is to be appointed to a higher post. When setting up another function, the procedure laid down in Paragraph 17 shall be followed.
(4) The transfer of a national to another office for one of the reasons referred to in paragraph 1 (b) and (c) and in paragraph 2 (b) must be discussed in advance in special commissions set up by the service authorities.
A member who has been transferred to another post under Paragraph 18 (1) (a) or (b) shall still be entitled to the current salary for a period of six months if this is more favourable to him.
Mission and transfer
(1) A member may be seconded for the period strictly necessary for the mission.
(2) A member may be transferred to another place of employment for an essential period of time, but for a maximum period of one year, if the important interest of the service so requires; may not be re-translated until two years after the end of the last transfer. If a member agrees to this, he may be transferred to another post of post for a longer period, or re-transferred before the expiry of a period of two years after the end of the last transfer.
(3) A member may also be transferred to another place of employment if he so requests for serious personal or family reasons.
(4) A member may be permanently transferred to another post of employment without his or her consent, provided that an important interest in the service is strictly required.
Discharge
(1) If a member is reasonably suspected of seriously violating his duty, in particular having committed a criminal offence, and remaining in the service would jeopardise the important interest of the service or the conduct of an investigation, he may be temporarily relieved by written decision of the service authority.
(2) The performance of the service may be waived only for the period strictly necessary to clarify its conduct, but for a maximum period of three months; This period may exceptionally be extended by the Minister for the Interior, but no more than three months.
(3) A member who has been relieved shall be entitled from the date of the exemption of 30% and, if he is a married member, 50% of the service. This part of the service income shall be increased by 10% of the service income for each dependent child to whom the education or maintenance allowance belongs, up to a maximum of 80% of the service income. Where a member has other working income at that time, the reduced service income shall be reduced so that the total of such reduced service income and other work income does not exceed his or her service income before the discharge of the service. For the duration of the detention, neither the service income nor part of the service income shall belong to the member.
(4) If the discharge is terminated, the national shall be paid the difference by which his service income has been reduced; This does not apply if the conduct for which a member has been discharged has been an intentional offence for which he or she has been convicted, or if he or she has been discharged of his or her duties for acts for which he or she has been relieved.
Service discipline and disciplinary authority
Service discipline
Staff discipline shall be subject to the strict performance of the duties laid down by law, by oath, by orders and by instructions.
Basic obligations of members
(1) In particular, the member shall:
(a) to carry out consistently and accurately the tasks arising from the authority and social mission of the National Security Corps, imposed on it by law, other legislation and orders and instructions of the superiors;
(b) perform a conscientious and proper service according to their strengths, knowledge and capabilities.
(2) In particular, in relation to the National Security Corps, the member shall:
(a) to report to their superior the defects and deficiencies which threaten or impede the performance of the service and the imminent damage;
(b) action if damage is imminent and urgent action is needed to avert it; it does not have to do so if it is prevented by an important circumstance or if it would put another person at serious risk;
(c) enhance their expertise and political knowledge;
(d) comply with the rules of professional courtesy and behave also outside the service so as not to lose the trust needed for the performance of the service.
(3) If a member considers that the order or order of his superior is contrary to the law, he shall inform the superior accordingly; if the superior persists in carrying out an order or order, the member shall be obliged to comply with it. A member shall refuse to comply with the order or order of the superior if he has committed a criminal offence by his or her performance; report this fact to the superior without undue delay.
(4) A member may conclude an employment relationship and an agreement on work only with the agreement of the Staff Authority.
Basic duties of chiefs and commanders
Chiefs and commanders shall in particular be obliged to:
(a) organise, manage and control the performance of their duties;
(b) ensure that they are properly politically prepared and trained and trained for the performance of the service;
(c) to create favourable conditions for them to carry out the service;
(d) lead them to disciplinary action, appreciate their initiative and exemplary performance of their duties and draw the consequences of violations of their duties.
Discipline
Chiefs and commanders may, within the limits of their powers, grant remuneration and impose disciplinary sentences.
Remuneration
(1) Rewards are:
(a) a written praise;
(b) a cash or other gift;
(c) granting an honorary badge;
(d) extraordinary appointment to an officer's rank;
(e) extraordinary promotion to a higher rank.
(2) The remuneration shall be proportionate to the act of merit or to the exemplary performance of the duties for which it is granted. The remuneration referred to in paragraph 1 (d) may be granted only to a national exercising the function for which an officer's title is established.
Discrimination
A disciplinary offence shall be a criminal infringement of a national's duty unless it is a criminal offence, an offence or an offence.
Discipline
The disciplinary sentences are:
(a) written reprimand;
(b) a reduction in professional income of up to 10% for a maximum period of three months;
(c) withdrawal of the badge;
(d) a reduction in rank by one degree per year.
Preservation of disciplinary penalties
(1) One of the disciplinary sentences may be imposed on a member for a disciplinary offence if it is not sufficient to correct it and restore the discipline to another, less educational means (complaint, warning, warning).
(2) The facts must always be objectively established before the disciplinary penalty is imposed; the officer must be given the opportunity to comment and defend himself before the disciplinary sentence is imposed.
(3) The decision to impose a disciplinary penalty shall take into account the nature of the disciplinary offence, the circumstances in which it was committed, the consequences thereof, the degree of guilt and the national's attitude towards the performance of his duties.
(1) The disciplinary penalty may be imposed no earlier than the following day after the commission of the disciplinary offence and only within 30 days of the date on which the competent chief or commander became aware of the disciplinary offence, but no later than one year after the date of the conviction. If the conduct of a member who is liable to be subject to an investigation by another authority is subject to an investigation, the period of 30 days for the imposition of disciplinary penalties shall begin on the day on which the Chief or Commander concerned became aware of the outcome of the investigation.
(2) If, within one year of the final imposition of the disciplinary sentence of another disciplinary offence, a member has not been allowed, it shall be considered as if the disciplinary sentence had not been imposed on him. The competent chief or commander may decide, before one year has elapsed, that a member shall be judged as if he had not been subjected to disciplinary action if he has proved himself worthy of the service and conduct; However, if a disciplinary penalty has been imposed by one degree, the competent chief or commander may do so only exceptionally, not earlier than six months after its imposition, and only if the member deserves it for an exceptional merit.
(3) The period for which a disciplinary penalty of one degree has been imposed on a member shall not be counted against the period of service of years of rank [Paragraph 10 (1) (b)].
(4) By imposing a disciplinary sentence, a member shall not be deprived of the obligation to make good the damage caused by a disciplinary offence.
The disciplinary penalty may not be imposed if the member has already been punished by the court for the same deed; If a disciplinary sentence has been imposed earlier, it shall be revoked with effect from the date of deposit.
Service and rest periods
Length of basic service period in week
(1) The Minister of the Interior of the Czechoslovak Socialist Republic determines the length of the basic period of service in the week; having regard to the adjustment of the length of the weekly working time of workers in employment. *)
(2) The Staff Authority may provide for a shorter period of service if the member so requests for health or other serious reasons and the important interest of the service is not prevented. If a member has been provided with a shorter period of service, he shall have a service income corresponding to that shorter period of service.
Layout of the basic service period of the week
Contents
ČÁST PRVNÍ
§ 1
§ 2
Hlava první
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
Hlava druhá
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
Hlava třetí
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
Hlava čtvrtá
§ 48
§ 51
§ 53
§ 54
Hlava pátá
§ 56
§ 57
§ 58
Hlava šestá
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
Hlava sedmá
Oddíl první
§ 72
§ 73
§ 74
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
Oddíl druhý
§ 82
§ 83
§ 84
§ 85
§ 86
§ 87
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
Hlava osmá
§ 98
§ 99
§ 100
§ 101
§ 102
§ 103
§ 104
§ 105
§ 106
§ 107
§ 108
§ 109
§ 110
§ 111
§ 112
§ 113
§ 113a
§ 113b
§ 113c
§ 114
§ 114a
§ 115
Hlava devátá
§ 116
§ 117
§ 118
§ 119
§ 120
§ 121
§ 122
§ 123
§ 124
§ 125
ČÁST DRUHÁ
§ 126
ČÁST TŘETÍ
§ 127
§ 128
§ 129
§ 130
§ 131
§ 132
§ 132a
§ 133
§ 134
§ 135
§ 136
§ 137
§ 138
§ 139
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Regulation Information
| Citation | Act No. 100 / 1970 Coll., on the service relationship of members of the National Security Corps |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.11.1970 |
|---|---|
| Effective from | 01.01.1971 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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