Act No. 116 / 1947 Coll.
Law on the modification of certain legal conditions of officers, Rotmasters and petty officers of aspirants in reserve
Valid
Effective from 04.07.1947
116.
Law
of 11 June 1947
on the adjustment of certain legal ratios of officers, Rotmasters and petty officers of aspirants in reserve.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) This law shall apply with the exceptions provided for in paragraph 2 to persons who have become
a) in Czechoslovak military power
(aa) officers or rotmasters in advance of the effectiveness of this law;
(bb) non-officers of an aspirant in reserve before 30 September 1945;
(b) in the army.
(2) However, persons referred to in paragraph 1 shall not be subject to the provisions of this law:
(a) which have become advance officers after graduating from schools to advance officers established after 1 October 1945;
(b) which is covered by the Act of 6 March 1946, No 72 Coll., on the adaptation of certain legal conditions of officers and masters of the profession and on the taking over of certain persons into Czechoslovak armed forces; the law applies to them only in the cases referred to in Paragraph 4 (4);
(c) which have become officers or professional Rotmasters after 5 May 1945.
(3) Where military persons are referred to in this Act in advance, the persons referred to in paragraph 1 shall be understood as such.
(1) In accordance with the other provisions of this Act, the military rank shall be withdrawn from military persons in advance referred to in Paragraph 1 (1) (a):
(a) if, since 1929, they have applied to any census on German or Hungarian nationality or have been with members of national groups or departments or political parties bringing together persons of German or Hungarian nationality or have applied for German or Hungarian citizenship;
(b) if they were voluntarily at the heads of the National Labour Directorate, the Centre of Public Employees, the People's Party of Hlinkov, the Union of the Slovak People's Party, the Union of Agriculture and Forests, unless they were in such organisations with the agreement of the leaders of the domestic or foreign resistance, or if they were voluntarily members of the Kuratorio for Youth Education, the Union for Cooperation with Germans, the Czech Union of Warriors, Flags, Rodbravo, the Czech League against Bolshevism, the German-Czech Society, the German-Slovak Society and other fascist organisations of similar nature (§ 4 Decreposition of the President of the Republic of 19 May 1945, No. 5 Coll., on the invalidity of certain property negotiations from the period of non-freedom, and the national administration of property values of the Germans, Hungerians, traitors, traitors and colleborants);
(c) if they took part in the hostile economic war business, if they took a leading position in the war industry, working for the German or Hungarian army, if they were carrying out fortifications for the Germans or Hungarians, unless they were forced to and could not avoid such activities, or if they were enriched in the context of conditions of infreedom;
(d) have supported or advocated harm to the regime of Nazis, fascists, traitors and collaborators, in particular if they have developed, directly or indirectly, any action against the Slovak national uprising, or if they have manifested themselves at all as statetically or nationally unreliable persons;
(e) if, after 15 March 1939, they were in an allied or neutral foreign country and returned during the period of non-freedom within the territory of the Czechoslovak Republic without a special task, imposed on them by agents of domestic or foreign resistance or by representatives of States which were allies of the Czechoslovak Republic in the war, unless they returned for reasons of special consideration;
(f) refuse to enter or leave the Czechoslovak army abroad, although they had the opportunity to do so;
(g) if they have left before the advancing Czechoslovak army or Allied armies, unless they have done so for reasons worthy of special consideration;
(h) if their spouse has acted in the manner referred to in (a). The Minister of National Defence may, after hearing the relevant Commission (§ 3), authorise a deviation from this provision if the wife has applied between 21 May 1938 and 4 May 1945 in an official report for the Czech Republic or Slovakia, or if she has shown that she has remained faithful to the Czechoslovak Republic, has never committed herself against a Czech or Slovak nation and has either taken part in the fight for the liberation of the Czechoslovak Republic or suffered under Nazi or fascist terror, after the death of the marriage before the application of this law;
(i) they have studied at the time of the increased threat to the Republic in German universities or applied for enrolment in those schools, or have allowed their underage children, who were subject to their paternal powers, to attend German or Hungarian schools, although they were able to attend schools with the Slavic language, or have allowed their children to apply for enrolment in German universities.
(2) Military persons in reserve referred to in § 1 (1) (a), where none of the facts referred to in the preceding paragraph has occurred, shall retain their military rank.
(3) The military persons in reserve referred to in § 1, par. 1, par. (b) shall be taken into the Czechoslovak Armed Forces under the other provisions of this Act as officers, Rotmists or sub-officers in reserve in the rank which they have reached in the army of the Slovak State before 29 August 1944 or in the Czechoslovak Armed Forces, unless one of the facts referred to in paragraph 1 prevent it; the military rank acquired in the army of the Slovak State after that date shall not be recognised.
(4) In cases of special consideration, the Minister for Defence may authorise a derogation from the provisions of paragraphs 1 and 3.
(1) In order to examine military persons in reserve with regard to § 2, the following shall be established:
(a) the reserve review committee at headquarters disagrees (the review committee);
(b) an appeal committee for military persons in reserve at the headquarters of the areas (hereinafter referred to as "the appeal committee").
(2) The composition and local competence of the commissions shall be determined, their members appointed and the Rules of Procedure of the commissions shall be issued by the Minister for National Defence.
(1) The examination (§ 3 (1)) shall be made on the basis of an application.
(2) Backup military persons are required to apply to the home complementary district headquarters within 90 days of the publication of this law. Military persons residing abroad may do so within one year of the publication of the law also at the competent representative office or by their intermediary (§ 268, paragraph 4 of the Defence Regulations issued by the Government Decree of 15 September 1927, No. 141 Coll.) at the home complementary district headquarters.
3. 2; on that date also the deletion and registration shall be carried out in accordance with Article 292 of the Defence Regulations. Reserved military persons referred to in § 1 (1) (b) who, without serious reasons, will not apply in due time, will not be taken over into Czechoslovak military power as officers, Rotmasters or sub-officers of the Aspirants in reserve. If the home supplementary district headquarters considers that the application has not been filed in time, it shall always provide a reasonable period of time for the person submitting the application to comment.
(4) Military persons in reserve referred to in § 1, par. 1, par. (a) who have become officers or actuaries in the army of the Slovak State and have not filed an application pursuant to § 15 of Act No. 72 / 1946 Coll., shall cease to be military rank on the date of publication of this Act. The military rank of the person who has been decided pursuant to Part II of Act No. 72 / 1946 Coll., will not be taken over either as retired officers or rotmasters, nor as advance officers or Rotmasters, on the date of that Decision.
(5) Details of the filing of applications are laid down by the Minister of National Defence by decree in the Official Gazette of the Czechoslovak Republic and in the Civil Gazette of the Ministry of National Defence.
(1) Negotiate the application, the review committee shall act to propose to the Minister for National Defence,
(a) to leave the military in the reserve referred to in § 1 (1) (a) or to take over the military in the reserve referred to in § 1 (1) (b) to the Czechoslovak military power in the rank it reached in the army of the Slovak State before 29 August 1944 or in the Czechoslovak armed power (§ 2, par. 3 and 4); or
(b) to remove a military rank from the reserve referred to in § 1 (1) (a) or from the reserve of a military person referred to in § 1 (1) (b) to take over a Czechoslovak military force as an officer, a sergeant or an aspirant in reserve.
(2) The review committee shall inform the military person concerned in writing of the proposal referred to in paragraph 1 (b), stating the reasons and the instruction of the right of appeal (§ 6). The proposals referred to in paragraph 1 (a) as well as the proposals referred to in that paragraph, point (b) against which no appeal has been lodged, shall be submitted by the review committee to the National Defence Minister.
The Board of Appeal may appeal to the Board of Appeal within 30 days of the date on which it was served.
(1) The appeal panel may supplement the investigation carried out by the review panel either on its own or impose a supplement to the review committee.
(2) The appeal panel shall examine the appeal either join the proposal for a review panel or propose to the Minister for National Defence to decide that the military in reserve referred to in § 1, par. 1, par. (a) retains military rank (§ 2, par. 2) or that the military in reserve referred to in § 1, par. 1, par. (b) takes over the Czechoslovak armed forces in the rank they reached in the army before 29 August 1944 or in the Czechoslovak armed forces (§ 2, par. 3).
(3) The appeal committee will submit its proposals to the Minister for National Defence.
(1) The Minister for National Defence will decide on the proposals submitted (§ 5, § 1 and § 7, § 3). If it is a major or a lieutenant colonel, he may withdraw his military rank only with the approval of the Government, if he is a colonel or a general, only with the approval of the President of the Republic.
(2) The military persons in the reserve referred to in § 1 (1) (a) who have been withdrawn from military rank or who have been deprived of military rank shall be translated into the number of troops as reserve troops; the military in reserve referred to in § 1 (1) (b), which have not been taken over into Czechoslovak military power as officers, Rotmasters or sub-officers of the Aspirants in reserve, belongs to the number of troops as soldiers in reserve.
(3) The decision of the Minister of Defence shall be delivered to the military person concerned in reserve through the Home Supplementary District Command. The decision by which a military person in the reserve referred to in § 1 (1) (a) withdraws rank, or by whom the military person in the reserve referred to in § 1 (1) (b) does not take over as an officer, a sergeant or an aspirant in the reserve, is justified.
(4) Where a military person is in reserve to which the decision of the Minister of Defence relates, in a public or other public service, a copy of that decision shall be sent to the competent personal authority in full knowledge.
Save as otherwise provided in this law, the provisions of the Government Decree of 13 January 1928, No 8 Coll., on proceedings concerning matters falling within the competence of political authorities (administrative proceedings) shall apply.
The courts, military and civil authorities and other public authorities are obliged to cooperate in the implementation of this law.
(1) If officers and rotmasters are in the reserve of Czechoslovak military power who completed the 50th year of age between 1938 and 1945, the declaration referred to in paragraphs 158, 1 and 4 of the Defence Regulations within 90 days, and if they go for military persons residing abroad, within one year of the publication of this Act, it will be taken into account as if it had been submitted in time.
(2) The declaration referred to in paragraph 1 shall be made at the same time as the application under this Law (Section 4). The approval of this declaration shall be decided at the same time as the application is lodged.
(1) Who, in the submissions (applications, annexes, proposals, notifications and other communications) or in the minutes of proceedings under this law, knowingly citing or confirming false circumstances, will be punished, unless the offence is more strictly punishable, by the county national committee for administrative misconduct, by a fine of up to 50,000 CZK or by a prison sentence of six months or both. If a fine has been imposed, a replacement prison sentence (lock-down) shall also be imposed in the event of non-availability, in accordance with the rate of guilt within six months. If, in addition to the fine, a punishment has been imposed on the free, the sentence on the free, along with the prison detention penalty, must not be more than six months.
(2) The fines are for the State.
(3) The administrative offence referred to in paragraph 1 shall be suspended within two years.
This Act shall take effect on the day of its publication; It shall be implemented by the Minister for National Defence in agreement with the participating members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Maj-Gen Svoboda v. r.
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Regulation Information
| Citation | Act No. 116 / 1947 Coll., on the modification of certain legal conditions of officers, Rotmasters and petty officers of aspirants in reserve |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.07.1947 |
|---|---|
| Effective from | 04.07.1947 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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