Full text of Act No. 121 / 1978 Coll.
Brandenary law (full text of the Brandenary Act, as is apparent from later legal amendments and additions)
Valid
Contents
ČÁST 1
§ 1
§ 2
§ 3
ČÁST 2
Oddíl I
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
Oddíl II
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
Oddíl III
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
Oddíl IV
§ 41
§ 42
§ 43
§ 44
Oddíl V
§ 45
Oddíl VI
§ 46
§ 47
§ 48
§ 49
§ 50
ČÁST 3
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
ČÁST 4
§ 57 až 74
ČÁST 5
§ 75
§ 76
§ 77
§ 78 až 81
§ 82
§ 83
§ 84
§ 85
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121.
_
Announces
the full text of the Law of 23 March 1949 No. 92 Coll., as follows from the amendments and additions made by the Constitution of the Czechoslovak Socialist Republic of 11 July 1960 No. 100 Coll., the Constitutional Act of 27 October 1968 No. 143 Coll., as amended by the Constitutional Act of 20 December 1970 No. 125 Coll. and the Constitutional Act of 20 December 1970 No. 126 Coll., by the Law of 12 July 1950 No. 86 Coll., by the Law of 12 July 1950 No. 88 Coll., by the Law of 16 April 1958 No. 19 Coll., by the Law of 29 November 1961 No. 140 Coll., as amended by the Act of 17 November 1970 No. 100 Coll., by the Law of 24 April 1974 No. 40 Coll.
_
The National Assembly of the Czechoslovak Republic decided on the following Act:
COLLECTED FORMS OF THE CZECH SOCIALISTIC REPUBLIC
Tasks of the armed forces
(1) In order to defend the freedom and independence of the Czechoslovak Socialist Republic, as well as to protect the socialist establishment and construction of socialism, the sovereign Czechoslovak people are building an armed force, common to the Czechs, Slovaks and members of other nationalities, as part of the socialist establishment and conduct the defence of the country, based on the principle that the Czechoslovak Socialist Republic is firmly secured by the socialist establishment and allied ties with the Union of Soviet Socialist Republics and other socialist states.
(2) The task of the armed forces is:
(a) avert by armed force the assault or threat of the Czechoslovak Socialist Republic by an external enemy;
(b) to fight for independence, integrity and unity of state, constitution, Republican state form and socialist establishment against external enemies and to perform military tasks arising from the Allied commitments of the Czechoslovak Socialist Republic; and
(c) cooperate in maintaining public peace, order and security within the state.
(3 Details, in particular as regards the legal circumstances arising from such use, are laid down by the Government of the Czechoslovak Socialist Republic by regulation.
Composition of the Armed Forces
(1) The armed forces shall form an army (paragraph 2) as their basis and public armed corps designated by the Government of the Czechoslovak Socialist Republic, a part of those corps, or individual members thereof, provided that they are under military command under this law or special regulations; at the time of the emergency measures under this Act (§ 46 to 50), after the relevant profession (§ 46 (2)), also public protection bodies designated by specific regulations, their parts or individual members, persons subject to a military obligation and units composed of such persons and persons called for personal action for the needs of the armed forces (§ 45).
(2) The army is a summary of soldiers. Soldiers are persons who have been recruited (§ 15) and have a duty of service (§ 20).
Organisation of the Armed Forces
(1) The forces of the armed forces are supplemented without distinction of nationality. The language of service is Czech and Slovak; In contact with the team of an ignorant professional language, it is also possible to use its mother tongue.
(2) The details of the legal situation of members of the armed forces, arising from their jurisdiction, in particular from the subordination or subordination to other members of the armed forces, the manner in which military training and military service are carried out at all, as well as the organisation of the armed forces, will be adapted within the limits of this law, or within the limits of the government regulations issued for its implementation, in the field of its competence by the Federal Ministry of National Defence and the Federal Ministry of Interior by the Staff Regulations, provided that such arrangements do not belong to the President of the Czechoslovak Socialist Republic as Chief Commander of the Armed Forces.
(3) The number of troops is determined by the Government of the Czechoslovak Socialist Republic on a proposal from the Minister of National Defence of the Czechoslovak Socialist Republic, submitted in agreement with the Minister of Interior of the Czechoslovak Socialist Republic as regards the armies of the Ministry of Interior.
BRANCH OBLIGATIONS
General provisions
Content of the defence obligation
The duty to defend matters
(a) drainage (Section 10);
(b) professional (§ 20),
(c) special service (§ 41);
(d) personal acts for the needs of the armed forces (§ 45).
Personal scope of the defence obligation
(1) Within the limits of paragraph 2, citizens of the Czechoslovak Socialist Republic, excluding those enjoying diplomatic and consular privileges and immunities in its territory, shall be subject to legal obligations.
(2) A branch obligation is established on 1 January of the year in which the citizen completed 17 years, but was taken over voluntarily (Paragraph 6 (1)) on the date of the takeover. It lasts until 31 December of the year in which the citizen reaches 60 years. The elderly have a military obligation only if they are active at the time of emergency measures (§ 46 (4)) or if they have been extended at their request (§ 22 (3)).
(3) Women are normally required to pay and serve only at the time of emergency measures, unless they have taken over voluntarily. For urgent reasons, in particular if the number of women who voluntarily join the army is not sufficient, the Government of the Czechoslovak Socialist Republic may, by regulation, provide that women are required to pay and serve outside the time of emergency measures.
(4) Repealed.
Voluntary takeover and extension of the military obligation
(1) Persons not subject to a military obligation may, on 1 January of the year in which they reach the age of 17, in a state's armed alert (Section 5 of the Act No. 40 / 1961 Coll., on the defence of the Czechoslovak Socialist Republic), irrespective of their age, voluntarily take over the military obligation required under this Act, provided that the conditions laid down in this Act and the provisions issued for its implementation are fulfilled.
(2) Persons subject to a military obligation may, under the conditions referred to in paragraph 1, voluntarily take over the performance of such means of defence which would otherwise not be required of them and may, at their request, be granted an extension of the duration of the military obligation which would otherwise have ceased to exist.
(3) The obligation of service may be assumed on a voluntary basis only in its entirety. However, they may limit this obligation in advance.
(a) foreign nationals;
(b) citizens of the Czechoslovak Socialist Republic on a defensive alert of the State for the period of war, if not men who still have a regular retirement obligation (§ 11) or who have not yet incurred that obligation.
Relief in the performance of a military obligation
The Government of the Czechoslovak Socialist Republic sets out by regulation what concessions are due to the citizens of the Czechoslovak Socialist Republic who are permanently abroad.
Evaluation of the performance of the defence obligation
(1) Any public function shall be subject to the proper performance of any obligations imposed on the person concerned by this law.
(2) Where the period of time spent in the employment or occupation in question is decided for the assessment of salary, wages or any other rights arising from the employment or occupation concerned, the period during which the person concerned was engaged in a military service (Paragraph 20 (2)) shall be taken into account, in which specific provisions shall lay down the details; the provisions of the special provisions on the counting of military active services for the purposes of occupational sickness insurance, social security and paid leave for recovery remain intact.
Cancelled.
Withdrawal obligations
Content and creation of a withdrawal obligation
(1) The obligation to pay depends on the obligation to submit to official proceedings, the purpose of which is to decide on the obligation to serve in the military. It is created by law as a periodic obligation (§ 11) or by an exceptional obligation (§ 12) or by a voluntary act of will (§ 13).
(2) The obligation to pay shall include the obligation to appear for registration and payment (§ 15) or, where appropriate, for examination (§ 18), and to submit to the prescribed procedure, including the necessary medical and, where appropriate, hospital examinations, as well as the examination of the specific personal capacity and characteristics of the person concerned (selection examination). The person who has a withdrawal obligation is called the goal.
(3) The Government of the Czechoslovak Socialist Republic provides for a regulation which makes a person subject to a withdrawal obligation completely incapacitated for military service and how to fulfil the withdrawal obligation of the person affected by those defects, in particular in which cases they may be exempt from the obligation to come to the service.
(4) Persons who have failed to fulfil their obligations may be brought to the levy.
Regular withdrawal obligation
(1) Subject to the provisions of paragraph 4, a regular withdrawal obligation is established for men on 1 January of the year in which they are 18 years old, unless the soldiers are already on the basis of an exceptional or voluntary contribution. The regular withdrawal obligation shall continue, unless one of the cases referred to in paragraphs 3 or 4 or the examination (Paragraph 18), until the end of the withdrawal procedure to which the person subject has been subject in the year in which he completed 20 years has been subject, unless the final withdrawal decision has already been issued (Paragraph 15 (3)).
(2) Where the Government of the Czechoslovak Socialist Republic has imposed a levy and service obligation by a regulation pursuant to Article 5 (3), the provisions of paragraph 1 shall apply to women.
(3) Citizens who have not complied with that obligation for any reason within the period laid down in paragraph 1 for the duration of the periodic departure obligation shall be subject to this obligation until a final withdrawal decision has been taken but no later than 31 December of the year in which they reach 60 years.
(4) Persons who have acquired Czechoslovak citizenship after the date laid down in paragraph 1 for the creation of a regular retirement obligation shall be subject to that obligation from the time of acquisition of that citizenship until the period referred to in paragraph 3.
Exceptional withdrawal obligation
Exceptional withdrawal obligations are subject to the conditions laid down in Paragraph 49 (1) of the Czechoslovak Socialist Republic, which are not soldiers.
Voluntary withdrawal obligation
Voluntary withdrawal obligations are subject to persons allowed to enter the army on a voluntary basis (§ 14).
Voluntary entry into the army
(1) He shall enter the army voluntarily, who shall voluntarily assume an obligation of service which he should not otherwise have, if permitted at his request. Subject to paragraph 2, those who voluntarily wish to assume this obligation must also assume an obligation to submit to a levy which would otherwise not be subject to that obligation (voluntary levy). Voluntary duty shall only arise if the person concerned is recognised as capable of military active service.
(2) If exceptional circumstances arise during a state's armed emergency which make it impossible to carry out the levy, the army may be voluntarily joined without the charge. Persons who have entered the army in this way shall be deemed to have been engaged on the date on which the military active service was started. The details shall be laid down by the Federal Ministry of National Defence by the Staff Regulations.
(3) The formalities and obligations of requests for voluntary entry into the army are governed by the general provisions of civil law and will, unless the law or regulation issued by the Government of the Czechoslovak Socialist Republic provides for additional conditions for its implementation.
(4) The Government of the Czechoslovak Socialist Republic lays down by regulation the conditions under which admission to the army may be granted on a voluntary basis and provides for procedures for applications for such authorisation. The President of the Czechoslovak Socialist Republic allows foreign nationals to join the army on a voluntary basis.
Minutes and contributions
(1) The registration is an official procedure designed to take the goals into military records, to determine their pre-eligibility for military active duty and to take measures to improve the health and other competence of the guards for the performance of military active service.
(2) The levies are regular, exceptional or voluntary. The purpose of the levy is to decide on the obligation of the conscribers to military active duty according to the established physical and mental capacity of the conscripts to that service. The decision that the gate is obliged by military active service (removed) is called a detention.
(3) The levies are carried out by the district board of services. The decision shall be taken by representatives of the military administration. Voluntary contributions may also be made by military commission. There is no appeal against the ruling that the goal is or is not taken (final decision) or that it is due to arrive at the next year's withdrawal. The levy may be suspended for health or other reasons for one year but for a maximum period of three years. After this period, the commission shall decide definitively on the ability or inability to provide military services. Branches who have been suspended for health reasons are granted free medical treatment in state health care institutions.
(4) The Government of the Czechoslovak Socialist Republic provides for a regulation on the setting up of regional and regional commission, on how they are composed and on how the entries and charges are carried out and on how they are to be treated.
Regular contributions
(1) Regular contributions shall be made to persons subject to regular retirement obligations.
(2) Regular contributions shall be made as principal or additional. The main contributions are usually carried out annually in September and October, unless the Federal Ministry of Defence provides otherwise. Additional contributions shall be made as necessary.
Exceptional and voluntary contributions
(1) Exceptional charges are subject to exceptional charges. If, for exceptional circumstances, such contributions cannot be made in the manner provided for by this Act and by the Decree issued by the Government of the Czechoslovak Socialist Republic for its implementation, the Federal Ministry of Defence shall adjust their implementation method, taking into account the circumstances.
(2) Voluntary contributions shall be made to persons allowed to enter the army on a voluntary basis. Voluntary contributions shall be made as required.
Retest
(1) If there is reason to believe that the final decision of departure according to which the goal has not been taken is incorrect, it shall be examined by the Regional Commission of Admission.
(2) The examination shall be allowed only up to three years after 31 December of the year in which the decision was taken. However, if this decision was caused by an act which constituted the facts of the offence, the examination may be carried out at any time.
(3) The Government of the Czechoslovak Socialist Republic provides for a regulation on who directs the examination and under which conditions and how the examination is to be carried out.
(4) There is no appeal against the decision of the Regional Court.
Costs related to registration, levy and checking
(1) If the distance between the point of departure and the location of the branch is more than 6 km, the State shall pay the cost of its transport to the registration, levy and refund. Branches are paid for using public mass transport means of fare in the lowest class.
(2) A person who has not appeared without a serious ground of apology for checking shall be obliged to reimburse the cost of the missed examination. When sending a person to a military hospital an escort is needed for his or her resistance or for suspicion of escape, the costs of accompanying the person concerned shall be borne.
(3) The Government of the Czechoslovak Socialist Republic provides for a regulation on how the costs associated with the performance of the withdrawal obligation are to be met.
Service obligation
Concept and types of duty
(1) The duty of service is the duty of soldiers to board and perform an active military service in good time (paragraph 2).
(2) Military active service includes:
(a) basic service (§ 27);
(b) replacement service (§ 28);
(c) another service (§ 37),
(d) the service of professional soldiers (§ 25 (1));
(e) the service of retired soldiers called temporarily to active duty (§ 25 (3));
(f) military exercises (§ 39); and
(g) exceptional service (§ 46 (1), § 47 (1), § 49 (2)).
(3) Every soldier is obliged to perform his duties personally according to his mental and physical abilities and knowledge.
(4) Soldiers carrying out any of the duties referred to in paragraph 2 are in active duty, other soldiers are out of active duty.
Start and end of duty
(1) The service obligation shall be incurred on the date of removal. On this day, the detainees are assigned to the army and become soldiers. Until the date of embarkation of the basic (replacement) service, the soldiers shall be referred to as "recipients'.
(2) The obligation to serve ends in the discharge of the army (§ 22).
Release from the army
(1) They shall leave the army:
(a) persons who have been taken out without a legal basis;
(b) persons who have reached the age at which their duty of defence ends. Where a person who has reached that age carries out active military service at the time when an emergency measure has been ordered, his or her duty shall be extended until his or her discharge; However, they must be released when emergency measures are repealed;
(c) persons who have become permanently unfit for military active duty, excluding professional and retired soldiers, who may only be released at their written request;
(d) persons who have experienced other circumstances causing the disappearance of a military obligation and who, with the consent of the military administration, do not voluntarily take over the further discharge of a military obligation.
(2) The Government of the Czechoslovak Socialist Republic provides for a regulation on the inability of soldiers to operate in the military (review procedure) and determines the legal consequences of such findings.
(3) The military administration may, at their request, extend the duration of the term of service to persons who have reached the age at which their military obligation ends. Such persons may then be discharged from the army at their request if some of the emergency measures have not been ordered. They may be released from office at any time. Professional and retired soldiers who do not apply for their own release from the army shall be deemed to have extended their term of duty.
Cancelled.
Service obligation of persons elected to the legislative bodies
In the case of members of the Federal Assembly or of the Czech National Council and the Slovak National Council, if they are not professional soldiers, the boarding of a military active service shall be postponed or their active service shall be suspended until they are members of one of these legislative bodies. Military exercises like this are forgiven. The provisions of the first sentence shall not apply if the state's security alert has been declared.
Professional and retired duty
(1) Professional soldiers are soldiers who perform military service as a profession in a service relationship to which they have been recruited under special regulations. Professional soldiers shall be obliged to carry out military duties until such time as their employment is terminated.
(2) Professional soldiers remain in military active service, and the generals, officers and officers in reserve remain in reserve according to military rank until the following age limits are reached:
| Vojenské hodnosti | Činná služba | Věkové hranice | ||
|---|---|---|---|---|
| Záloha 1. kategorie | Záloha 2. kategorie | Záloha 3. kategorie | ||
| rotní, rotmistři a nadrotmistři | 45 | 50 | – | 55 |
| podpraporčíci, praporčíci a nadpraporčíci | 50 | 50 | – | 55 |
| podporučíci a poručíci | 40 | 40 | 45 | 50 |
| nadporučíci a kapitáni | 40 | 45 | 50 | 55 |
| majoři | 45 | 45 | 50 | 55 |
| podplukovníci | 45 | 50 | 55 | 60 |
| plukovníci | 50 | 55 | – | 60 |
| generálové | 55 | 60 | – | 65 |
| generálové - ženy | 50 | – | – | 50 |
| ostatní vojákyně z povolání a vojákyně v záloze | podle hodnosti | – | – | 50 |
For the period laid down in the age limit for the stay in the category 3 reserve, a defence obligation is extended for the advance generals (Section 5 (2)).
(3) Retired soldiers become generals, officers and ensign who were
(a) released from military active service after reaching the age limits of the Category 3 advance;
(b) transferred to an advance and reached the age limits of a Category 3 advance;
(c) released from military active service for permanent incapacity for military active service.
The duty of service of retired soldiers shall continue until they have been released from the army. The Government of the Czechoslovak Socialist Republic provides for a regulation whereby they may be a temporary profession for active employment.
Staff obligation of members of the National Security Corps
(1) Members of the National Security Corps who have performed a basic service shall be exempt from any duty which they would otherwise be obliged to perform during the period of service to that College.
(2) Persons whose service to this College has ceased shall be required to serve as soldiers in advance of the same year of birth. The Government of the Czechoslovak Socialist Republic shall, by regulation and within the limits of this Regulation, provide for the Federal Ministry of National Defence to lay down the terms and conditions under which such persons may be regulated with regard to the rank achieved by this College.
Basic service
(1) The basic service is required, if it is not intended for replacement service (§ 28), by persons who have been recruited
(a) on regular or voluntary contributions outside the time of the State's security guard; or
(b) in the case of voluntary contributions to the state's armed guard, unless they have limited their duty voluntarily assumed over the period of war (Paragraph 6 (3) (b)); or
(c) in the case of exceptional contributions, if they are men who have been paid at a time when they have not yet had a regular retirement obligation or if they would otherwise have been subject to a periodic retirement obligation, or if they had committed themselves to a basic service to which they were not obliged.
(2) The basic service lasts 24 months and is calculated from the date of its actual boarding. The Federal Ministry of National Defence may count up to this time the extraordinary service performed or part of it.
(3) The Government of the Czechoslovak Socialist Republic may amend the duration of the basic service by regulation.
Replacement service
(1) In place of the basic service, a replacement service is performed by a person appointed to it pursuant to § § 29 to 31.
(2) The designation for the replacement service will be made by law (§ 29), upon request (§ 30) or by authority (§ 31).
(3) The replacement service lasts 5 months and is calculated from the date of its actual boarding. The Federal Ministry of National Defence may count up to this time the extraordinary service performed or part of it.
Designation of the legal replacement service
The replacement service shall be designated by persons who have been paid without fault after 31 December of the year in which they completed 30 years or who have not entered the basic service without fault by 31 December of the year in which they completed 30 years.
Designation of replacement service upon request
(1) If more persons have been recruited than is necessary to supplement the number of troops established pursuant to Article 3 (3), the number of persons shall be determined for the replacement service, equal to the difference between the number of persons required and the number of persons actually paid. This number shall be determined annually by the Federal Ministry of National Defence on the basis of the number of increases and losses likely to occur following the entry into the basic service of the recipients.
(2) The replacement service referred to in paragraph 1 may be designated in particular by the payee and persons who have not yet performed the basic service for 5 months, if they so request, if they have special reasons for their request for family, economic or social reasons. The persons voluntarily recruited may only be identified for the replacement service if the reasons for such designation have arisen after their removal. If the reasons for the request are omitted, the applicant shall immediately declare that fact.
(3) The requests for a replacement service are decided by the Regional Commission; there is no appeal against their decision. The procedure for applications for replacement service shall be adapted by the Government of the Czechoslovak Socialist Republic by regulation.
(4) If it turns out, in addition, that there were no grounds for the designation of a replacement service, or if later those reasons are absent, and if there are no other reasons for such designation, the Commission shall, after hearing the applicant, revoke the original decision and the applicant shall call for the basic service. In doing so, it shall account for the period during which the replacement service or part of the basic service was performed, as well as for the period during which the reasons for which the application for a replacement service was denied, were still valid after the release from the basic service or replacement service.
Appointment for an ex officio replacement service
(1) If the number of persons assigned to a replacement service is not achieved under the provisions of Paragraph 30 (2) of the total surplus (Paragraph 30 (1)), the military administration for the replacement service shall designate additional persons who have not yet completed 5 months of basic service. The selection must take particular care to the interests of the servants, but also take into account family, economic and social circumstances.
(2) Decisions taken pursuant to paragraph 1 may be revoked for official reasons. In this case, a person intended for the replacement service for the performance of the basic service shall be called only for the period ending on the date on which its basic service would have ended if it had not been intended for the replacement service.
(3) If the conditions of Paragraph 30 (1) are not fulfilled, the transfer may be designated for replacement service only with the consent of the Government of the Czechoslovak Socialist Republic.
Release for permanent leave of destination for replacement service
(1) Persons who, pursuant to the provisions of § 30 (2) or § 31 (1), should be assigned to a replacement service but cannot be assigned to that service only because they have performed a basic service longer than 5 months shall be granted permanent leave.
(2) Paragraphs 30 (4) and 31 (2) shall apply mutatis mutandis to the revocation of a decision taken pursuant to paragraph 1 and to the reoccupation of a person on permanent leave to the basic service.
Start of basic and replacement services
(1) Persons engaged in regular contributions who have not been authorised to defer the basic service (Paragraph 34) shall take up the service in the calendar year in which they were carried out or in the following year.
(2) The opening days will be declared annually by the Federal Ministry of National Defence (1)
(3) If, after the scheduled starting date or if no basic service (replacement) has been completed, the military administration may allow the service to be postponed until the relevant starting date in the next calendar year.
(4) The Federal Ministry of Defence may, for important reasons, authorise, in specific cases, the boarding of the essential (replacement) service, even outside the starting days declared in accordance with paragraph 2. Details are laid down by the Government of the Czechoslovak Socialist Republic by regulation.
(5) If volunteers who are on a state security alert and persons on emergency leave are required to perform a basic (replacement) service, they shall, as a general rule, commence on the day following their release from the emergency service.
Deferred basic and replacement services
Contents
ČÁST 1
§ 1
§ 2
§ 3
ČÁST 2
Oddíl I
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
Oddíl II
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
Oddíl III
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
Oddíl IV
§ 41
§ 42
§ 43
§ 44
Oddíl V
§ 45
Oddíl VI
§ 46
§ 47
§ 48
§ 49
§ 50
ČÁST 3
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
ČÁST 4
§ 57 až 74
ČÁST 5
§ 75
§ 76
§ 77
§ 78 až 81
§ 82
§ 83
§ 84
§ 85
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Regulation Information
| Citation | Full text of Act No. 121 / 1978 Coll., Branné Act (full text of the Defence Act as seen from later legal amendments and supplements) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.10.1978 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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