Full text of Act No. 122 / 1978 Coll.
Law on certain service conditions of soldiers (full text of the law on certain service conditions of soldiers as shown by later legal changes and supplements)
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122
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Announces
the full text of the Act of 18 December 1959 No. 76 Coll., on certain service conditions of soldiers, as follows from the amendments 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. 126 Coll., the Law of 5 June 1969 No. 59 Coll., the Law of 18 December 1969 No. 150 Coll., the Law of 17 November 1970 No. 100 Coll. and the Law of 21 June 1978 No. 65 Coll.
THE LAW
on certain service ratios of soldiers
The National Assembly of the Czechoslovak Republic decided on the following Act:
Preliminary provisions
Citizens of the Czechoslovak Socialist Republic perform military service in the armed forces of the Czechoslovak Socialist Republic built to defend the freedom and independence of the state and the socialist establishment. The purpose of the Act is to adjust the service conditions of soldiers in accordance with the current state of construction of the armed forces, to create the preconditions for further improvement in the performance of the service in the armed forces and to establish in the law certain rights and obligations of the soldiers covered by the various military regulations so far.
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(1) The military oath is a solemn obligation to discharge the State's defence obligations arising for soldiers, in particular from the Constitution, the laws, the military orders and orders.
(2) Soldiers are required to carry out an oath:
"I, a citizen of the Czechoslovak Socialist Republic, aware of my honorable patriotic duty, swear before the battle pledge of loyalty to the working people led by the Communist Party of Czechoslovakia.
I promise that I will be a brave and disciplined soldier, that I will consistently and actively comply with the provisions of the military orders, the orders of the commanders and maintain military secrecy. I will be confident to learn to control the military technology and weapons entrusted to me by the working people, and prepare to fight so that I can best defend my homeland and its socialist order against any enemy at the command of the President and Government of the Czechoslovak Socialist Republic.
For the defence of socialism, I am always prepared to stand firmly in the ranks of the armed forces of the Czechoslovak Socialist Republic alongside the Soviet army and the armies of other socialist countries in the fight against its enemies and to put my life on the line to achieve victory.
I swear. "
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(1) Military rank (hereinafter referred to as "rank") is an expression of political qualities, military knowledge, experience and ability to command troops or perform duties in the staff and equipment of the armed forces.
(2) Rank shall be granted to soldiers, taking into account their morally political and professional qualities, the results of the service, merit, functional classification and duration of the military service.
The following rank shall be established:
(a) teams: private,
(b) Petty officers: Corporal, Corporal, Sergeant,
(c) ensign: sergeant-in-chief, sergeant-in-chief, sergeant-in-chief, sergeant-in-chief,
(d) officers: Lieutenant, Lieutenant, Lieutenant, Captain, Major, Lieutenant Colonel, Colonel,
(e) generals: Major General, Lieutenant General, Colonel General, Army General.
Appointment and promotion
(1) Soldiers in active duty and in advance who have not been appointed or promoted to higher rank are entitled to the rank of soldier.
(2) Only soldiers who are unreservedly committed to the working people and to the socialist establishment, with the necessary physical ability to meet the morally political and professional requirements laid down in implementing regulations, may be appointed or promoted to higher ranks.
(3) The President of the Czechoslovak Socialist Republic appoints and increases the rank of generals on a proposal from the Government of the Czechoslovak Socialist Republic. The Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic, or the authorities empowered by them, shall appoint and promote to the rank of officers, officers and petty officers.
Withdrawal of a higher rank
(1) Higher rank
(a) be taken from a soldier who has demonstrated his actions as hostile to the socialist establishment;
(b) may be taken from a soldier who has committed such acts as are in direct conflict with the morally political requirements imposed on members of the Command Corps of the Armed Forces.
(2) The rank of the soldier to whom the higher rank has been removed is the rank of the soldier.
(3) The withdrawal is proposed by the commissions set up by the Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic.
(4) The rank of President of the Czechoslovak Socialist Republic is withdrawn from the generals on a proposal from the Government of the Czechoslovak Socialist Republic. Other soldiers are relieved of the rank of Minister of National Defence of the Czechoslovak Socialist Republic and Minister of the Interior of the Czechoslovak Socialist Republic, the Ensign and the petty officers, also the authorities empowered by them to do so.
(5) The provisions of the Criminal Law on the loss of military rank remain unaffected.
Lease of rank
(1) Soldiers may be given a higher rank than they actually have for the period for which the duties or duties they have been entrusted require.
(2) The granting of rank does not alter the defence ratio.
(3) To the soldiers to whom the rank has been given, the rights and obligations associated with that rank are due; However, the grant of a grade shall not give rise to entitlement to the adjustment of service income or sickness benefit and pension benefits.
(4) Rank is given by the authorities entitled to appoint them.
The National Defence Minister of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic provide details on the provisions of this Act.
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(1) Soldiers in active duty are required to wear military uniform, badges and other required equipment, unless otherwise provided by the Minister of National Defence of the Czechoslovak Socialist Republic or the Minister of Interior of the Czechoslovak Socialist Republic.
(2) Professional soldiers may wear civil clothing outside the period of employment.
(3) The provisions on military uniform, badges and other equipment shall be issued by the Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of the Interior of the Czechoslovak Socialist Republic, who shall also lay down the principles for the wearing of military uniform to soldiers outside active duty and shall determine their rights and duties.
ESTABLISHMENT OF MILITARY SERVICES FOR FUNCTIONS
(1) Soldiers are selected and appointed to function in accordance with the needs of the armed forces according to the political and professional qualities, command and organisational capabilities, and having regard to personal characteristics, generally after obtaining appropriate education and practice.
(2) The soldiers are appointed by the Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of the Interior of the Czechoslovak Socialist Republic or the authorities empowered by them to do so. This provision does not concern the functions to which the President of the Czechoslovak Socialist Republic or to which it is to be established under special regulations.
(3) Soldiers may be exempted from the duties of superiors by at least two degrees higher in cases which do not suffer a delay.
(4) The National Defence Minister of the Czechoslovak Socialist Republic and the Interior Minister of the Czechoslovak Socialist Republic provide details.
EMPLOYMENT AND OPENING PERIOD
Employment period
(1) A permanent armed forces combat alert is a prerequisite for a successful defense of the country. The provision of a permanent combat alert does not allow soldiers in active duty to be subject to general rules on the adjustment of working conditions for workers; in particular they are not covered by the regulations and overtime, night work and work on working days.
(2) The division and duration of the period of employment shall be laid down in the Staff Regulations and Orders according to specific duties.
(3) Supervisors shall be obliged to allow their subordinates political, professional and cultural growth, the fulfilment of other civil obligations and rest commensurate with the duration of the period of employment and the difficulty of the service.
Vacation
(1) Soldiers in the basic service are entitled to a proper holiday period of 10 days in each year of the basic service. Such notice of leave may be extended by up to five days by the authority empowered by the competent minister, taking into account the complexity of the service.
(2) Occupational soldiers and soldiers in the next service are entitled to a regular leave of 30 days in one calendar year. If for exceptional reasons it is not possible to grant proper leave during the calendar year, it shall be granted in the first quarter of the following calendar year.
(3) For serious reasons, soldiers may be granted leave without cash requirements or short (special) leave under conditions and to the extent specified by the Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic.
(4) The National Defence Minister of the Czechoslovak Socialist Republic and the Interior Minister of the Czechoslovak Socialist Republic provide details.
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(1) Every soldier is obliged to maintain and consolidate military discipline.
(2) Masters are obliged to raise their subordinates to a conscious military discipline. To do so, they are entrusted with the right to award disciplinary fees and impose disciplinary penalties. This military disciplinary power serves to maintain and consolidate military order and discipline.
Scope of military discipline
Military disciplinary powers
(a) soldiers in active duty;
(b) persons who have become members of the armed forces by calling on a special service;
(c) persons called for personal action for the needs of the armed forces;
(d) soldiers outside active duty for disciplinary acts committed in military uniform;
(e) persons who were to take up an active military service for the purpose of not taking up such a service, unless it is a criminal offence;
(f) prisoners of war.
Disciplinary fees
(1) The disciplinary fees are awarded for acts of merit or for exemplary performance of military duties.
(2) The disciplinary fees are in particular: praise, cash or gifts in kind, the award of an honorary badge and an extraordinary promotion.
Discrimination
A disciplinary offence is a guilty act or omission which is contrary to military regulations and regulations, orders and regulations and violates military discipline unless it is punishable by criminal law, criminal law or other legislation.
Discipline
(1) Disciplinary sentences are: reprimand, order sentences, prison sentences, one degree reduction, and, in the case of petty officers, detention.
(2) The prison sentences are: detention, detention and house arrest.
(3) The maximum prison sentence shall be 21 days.
Preservation of disciplinary penalties
(1) The disciplinary penalty may be imposed on a subordinate person for a disciplinary offence, if it is not sufficient to correct it and restore discipline by other lenient educational means (arrangement, admonition, etc.).
(2) The nature and amount of the sentence must be proportionate to the nature of the offence and its consequences, the degree of guilt, the circumstances in which it was committed, the earlier conduct of the guilty, the anticipated effect of the penalty on the guilty and the moral status of the unit.
(3) The master is responsible for the proper examination of the case and for hearing the defendant before the sentence is imposed.
Suspended suspension
A commander who has imposed a disciplinary penalty may, on condition, postpone his or her execution for a probationary period of one to three months if, in view of his or her previous conduct and the circumstances of the case, he or she has reasonable grounds for achieving the purpose of the sentence even without its enforcement.
Appeals
(1) The punished person may appeal within two days against the disciplinary punishment imposed, if he is not guilty of a disciplinary offence, or if the commander has exceeded his disciplinary authority.
(2) In the case of prison sentences, the defendant may also appeal against the amount of the sentence imposed if the commander considers that he has violated the provisions of Paragraph 18 (2) when imposing the sentence.
(3) An appeal has suspensory effect in prison sentences.
(4) The defendant may lodge an appeal with the justification of the immediate superior of the person who imposed the sentence. The ordered person may cancel, reduce or maintain the sentence imposed. No further appeal can be made from the decision of the superior.
(1) A disciplinary offence shall be suspended one year from the date on which it was committed.
(2) The disciplinary penalty may be eliminated.
A more detailed regulation of military disciplinary law is laid down in the disciplinary order issued by the President of the Czechoslovak Socialist Republic.
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Only the citizens of the Czechoslovak Socialist Republic, unreservedly devoted to the working people and to the socialist establishment, with the necessary physical ability to meet the morally political and professional requirements laid down by the implementing regulations, can be accepted as professional soldiers.
(1) Occupational soldiers are battalions, officers and generals who carry out military service as their profession in the service to which they were accepted at their own request after the basic service has been performed.
(2) If a soldier has been admitted to the service of an occupational soldier who is required by a military law to continue his duties in the service of an occupational soldier.
Establishment and termination of service
The professional soldier's professional relationship shall be established on the date of admission; shall cease to be dismissed from that service, from withdrawal or loss of military rank, from the army and from death.
Release from service
(1) A soldier's professional service will release the soldiers,
(a) who have been recognised by a military medical commission which is incapable of operating for medical reasons;
(b) for which there is no other rank in service when the number of armed forces is reduced;
(c) professional incapacity based on evaluation;
(d) who, on the basis of a resolution of the Government of the Czechoslovak Socialist Republic, are to switch to civil authorities or organisations for unplanned functions for professional soldiers.
(2) The service of a professional soldier can release soldiers,
(a) who have reached the age limit laid down in the Defence Act in military active service;
(b) who fulfil the conditions for entitlement to an old-age pension;
(c) for which the Military Medical Commission has established a reduced capacity for active military service for medical reasons and for which there is no other appropriate classification in the armed forces;
(d) on his own request for reasons of particular concern;
(e) who have committed a serious infringement of the rank of General, Officer or Ensign;
(f) who have been lawfully sentenced by the court to an unconditional prison sentence.
(3) Professional soldiers who have reached the age limit laid down for military active duty may, with their consent, be left in service above the specified age limit by decision of the Minister of National Defence of the Czechoslovak Socialist Republic or the Minister of Interior of the Czechoslovak Socialist Republic or the authorities empowered by them to do so. In accordance with paragraph 2 (a), soldiers who do not agree to stay above the age limit shall be dismissed from service.
(4) The release of a professional soldier referred to in paragraph 2 (e) or (f) may be decided only within two months of the date on which the reason for the release was established, but not later than one year from the date on which that reason arose.
(5) Proposals for the release of professional soldiers under paragraph 2 (e) and (f) are examined by the commissions set up by the Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic.
(6) An occupational soldier to be discharged from service must be informed of his release at least three months in advance, unless otherwise provided for in a bilateral agreement.
(1) The Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic decide on admission to and release from the service of professional soldiers in their field of responsibility; in the case of practitioners, by the competent ministers empowered to do so.
(2) The Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic decide on the release under Paragraph 26 (2) (d).
(1) Occupational soldiers are required to carry out on-the-spot and in office according to the needs of the armed forces, to carry out their duties of initiative and conscientiously and to continuously increase their political and professional knowledge and physical fitness.
(2) The transfer required by the professional soldier for serious reasons may take place if the service is of interest.
(3) Professional soldiers are provided by the authorities of the Federal Ministry of National Defence or of the Federal Ministry of Interior at the place of their professional classification. The provisions of the Housing Management Act remain unaffected.
(1) Professional soldiers may be provided to consolidate their physical fitness, physical and mental health by preventive rehabilitation of 14 calendar days a year.
(2
(3) The conditions for the provision and implementation of preventive rehabilitation are laid down by the Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic.
(1) Professional soldiers are not allowed to enter into secondary employment; they may carry out gainful work only with the permission of the competent authorities of the armed forces.
(2) Professional soldiers may study in schools outside the armed forces only with the permission of the competent authorities of the armed forces.
(1) Professional soldiers may be assigned to civil authorities and organisations to carry out defence-related tasks and other special tasks with military active duty.
(2) The planned number of functions with these authorities and organisations is approved by the State Defence Council on the basis of proposals submitted after discussion with the Minister of National Defence of the Czechoslovak Socialist Republic or the Minister of Interior of the Czechoslovak Socialist Republic.
(3) Details of the assignment of professional soldiers to civilian authorities and organisations are provided by the Government of the Czechoslovak Socialist Republic.
(1) The Government of the Czechoslovak Socialist Republic, if they so request, is obliged to ensure, through military administration and in cooperation with the public authorities involved, a placement in a civil profession appropriate to their education, practical experience and competence and to allow preparation for the chosen civil profession by the State.
(2) The governments of the Czech Socialist Republic and the Slovak Socialist Republic are hereby authorised to issue more detailed regulations on the tasks of the authorities of the Republics in the placement of professional soldiers under paragraph 1.
(3) Occupational soldiers released from the service referred to in Article 26 (1) (a) or (2) (c) who are not entitled to a service allowance or social security pension shall be granted a salary compensation for a maximum period of two years from the date of dismissal, but not earlier than the date of entry into the profession or, where appropriate, from the beginning of their preparation for that profession, if their employment period was at least 10 years.
(4) Vocational leave shall be granted severance according to the length of service in the armed forces up to six times the monthly gross service income according to the principles laid down by the Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic.
(5) Occupational soldiers made redundant pursuant to Article 26 (1) (a) or (b) or (2) (a) or (c) who are not entitled to the service, pay compensation or social security pension allowance shall be granted for a period of one year from the date of release of the salary corresponding to the grade reached on the date of release.
(6) If the employment of a professional soldier is lost by death, the survivors shall be entitled to death. The amount of the death and death toll of the survivors shall be determined by the Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic. Entitlements of survivors under the rules on liability for accidents at work and occupational diseases remain unaffected (1)
(7) The provisions of paragraphs 3 to 5 shall also apply to soldiers who, during the period of military active service, are physically secured as professional soldiers; Paragraph 6 shall also apply to survivors of such soldiers.
(1) Details of the provisions of this Act, if not reserved for the Government of the Czechoslovak Socialist Republic, are provided by the Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic.
(2) The Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic may in their field of competence remove the hardness that would arise in the implementation of the provisions of Paragraph 31 (3).
(3) The Federal Ministry of National Defence and the Federal Ministry of Interior provide details of the organisation, management and benefits under § 31 (3) to (7); they further provide details of the calculation of the periods and revenues from which the benefits are calculated.
SERVICES CONTRIBUTION
(1) The service allowance (hereinafter referred to as "the allowance") belongs to professional soldiers made redundant under § 26 (1) or § 2 (a) to (e) who served in the armed forces for a period of at least 20 years and reached the age of at least 40 upon release. The Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic may grant a contribution to soldiers made redundant pursuant to § 26 (2) (f) or to soldiers whose service has ceased to exist by withdrawing military rank or declaring their loss, if they are of particular consideration.
(2) The basis for calculating the contribution (hereinafter referred to as "the basis") is the sum of the gross functional and value salary of the professional soldier for the last month before the discharge of the service or the monthly average of such income for the last five completed calendar years before the year of discharge of the service, or, in the case of executive and military personnel, on an equal footing with them also prior to the year in which the air service or the equivalent service was terminated, whichever is more favourable.
(3) The basic amount of the allowance for 20 years of service in the armed forces is 30% of the base. The base area shall be added to the 21st and every subsequent year the service 2% base. The maximum percentage of the contribution shall be 55% of the base. However, the highest amount of the allowance may not exceed the fixed amounts fixed by the Government of the Czechoslovak Socialist Republic between 1400 and 2150 Kčs per month according to the rank of professional soldier on the date of dismissal; on the date on which the right to an old-age pension is acquired, the allowance may not exceed the maximum amount of the partial invalidity pension of the resistance participants.
(4) The service of an executive flyer and a paratrooper and the performance of functions of a specific nature and degree of hazard shall be counted in the increased scope laid down in the Staff Regulations; the duration of participation in the national exemption fight shall be counted to the extent provided for in the Social Security Act.
(5) The following amounts shall be added to the contribution to the resistance participants according to the groups laid down by the Social Security Act for each year of resistance activity:
| skupina | měsíčně Kčs |
|---|---|
| I. | 60 |
| II. a III. | 50 |
| IV. | 40. |
(6) The allowance shall be paid as an advance payment; after each calendar year, after the loss of earnings or the loss of entitlement to the allowance, the advances paid shall be settled.
(7) When the contribution is combined with the earnings, the allowance shall be reduced by the amount by which the total of the contribution and gross earnings exceeds the total of the gross functional and value-based salary and the allowance for the service of the year 2) due for the period applicable to the determination of the base referred to in paragraph 2.
(8) When the entitlement to the allowance and the old-age, invalidity (partial invalidity) pension is combined, or to the pension for the service of the years (part of the pension for the service of the years) under the social security rules, either the pension or the allowance shall be payable to the beneficiary under his choice; entitlement to the allowance shall continue until the age of 60.
(9) The Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic may withdraw the contribution to soldiers whose military rank has been withdrawn or their loss has been declared.
(10) The Federal Ministry of National Defence and the Federal Ministry of Interior provide details of the organisation, management and decision-making of benefits, the calculation of periods of time, the revenue from which the contribution is calculated, the reduction of the contribution in connection with earnings, the method of payment of benefits and the obligations of beneficiaries.
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Regulation Information
| Citation | Full text of Act No. 122 / 1978 Coll., on certain service conditions of soldiers (full text of the Act on certain service conditions of soldiers, as shown by 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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