Act No. 122 / 2004 Coll.
Act on war graves and piety places and on the amendment of Act No. 256 / 2001 Coll., on Funerals and on the amendment of certain laws, as amended
Valid
Law
Effective from 01.07.2004
122
THE LAW
of 20 February 2004
on war graves and piety sites and on the amendment of Act No. 256 / 2001 Coll., on burial and on the amendment of certain laws, as amended
Parliament has decided on this law of the Czech Republic:
_
Subject matter
This law lays down rights and obligations in the field of the care of war graves and piety sites (hereinafter referred to as the "war grave ') and the authorities of the state administration and their jurisdiction in matters of war graves.
Definition of terms
(1) For the purposes of this Act, a war grave shall be the place where the remains of the persons who died as a result of active participation in a military operation or as a result of war captivity, or the remains of those who died as a result of participation in a resistance or military operation during the war. A war grave may be an individual's grave, a mass grave or an osarium, including tombstones and other grave facilities. A war grave is also a registered place with the unclaimed remains of the deceased in connection with a war event, or another object considered to be a war grave in accordance with the international treaty to which the Czech Republic is bound.
(2) For the purposes of this Act, a war grave is also a piety place, which means a memorial plate, monument, memorial or similar symbol reminiscent of war events and victims who died as a result of active participation in a military operation or as a result of war captivity, or victims of persons who died as a result of participation in a resistance or military operation during the war.
(3) Registration of a war grave means a paper or other record containing particulars of a war grave, if any; the data are in particular:
(a) the name and, where applicable, the name, surname, military rank, nationality, nationality, date of birth, date and place of death and the cause of death of the person or persons whose remains are buried in the war grave or the person to whom the war grave relates. The processing of data is carried out in accordance with specific legislation, 1)
(b) the name of the State, the municipality or the military escape, the cadastral territory and the partition number or, where appropriate, the number of the descriptive property where the war grave is located;
(c) the historical event to which the war grave relates, the nature and brief description of the appearance of the war grave, including photo documentation;
(d) the designation of the owner of the war grave and the owner of the property on which the war grave is located.
(4) The care of war graves is meant to ensure adaptation, protection, the establishment of new war graves, the relocation or interference of war graves, including exhumations.
(5) Maintenance and modification of a war grave means the designation of a war grave, the location of a memorial plate, a memorial, a monument or a similar symbol, including the normal maintenance of a war grave, its surroundings and access to it.
Care of war graves
(1) The owner of the war grave is responsible for the care of the war grave and, if not known, the owner of the property on which the war grave is located.
(2) The transfer or cancellation of a war grave and any change to the war grave other than its maintenance and modification may be carried out by its owner or, if not known, by the owner of the property on which the war grave is located only on the basis of his written request and following the written consent of the Ministry of Defence (hereinafter referred to as the Ministry of Defence). A new war grave may be established only after a written request from the founder and after the written consent of the owner of the property and the Ministry. The approval of the Ministry shall not replace the authorisation or the expression of another administrative authority, if required under a specific legislature.2)
(3) The owner of the war grave, as well as the owner of the property on which the war grave is located if the war grave is outside the burial ground, is obliged to allow access to it for the purpose of giving respect or carrying out work related to the care of the war grave.
(4) Where a war grave is located outside the burial ground, the owner of the property shall be entitled to compensation for restricting the use of the property. If the owner of the property is severely abused due to the existence of a war grave, the State is obliged, on the basis of his written request, to purchase the property or part thereof. The Ministry provides compensation to property owners. The amount of the refund and the purchase price shall be determined in accordance with specific legislation.3)
Performance of state administration
(1) The municipal authority of the municipality with extended competence shall keep records of the war graves which are in its administrative district. The Office shall inform the competent regional authority of the numbers and the state of the war graves it keeps in the register. The information shall be submitted by the end of June of the calendar year as at 31 December of the previous year.
(2) The Regional Office shall keep a summary record of the war graves which are in its administrative district and coordinate the care of the war graves within the region. The Regional Authority shall inform the Ministry of the numbers and status of the war graves it keeps in the register. The information shall be submitted by the end of September of the calendar year as at 31 December of the previous year.
(3) Ministry
(a) in case of doubt, decide what is a war grave;
b) coordinates the care of war graves in the Czech Republic and abroad;
(c) keep a central record of war graves;
(d) grants under special legislation (4) for the care of the war graves of its owner, if not known, the property owner; and
(e) compensate for the restriction on the use of the property and pay for the purchase of the property or part thereof.
Transfers of natural, legal and business natural persons
(1) A natural, legal or business natural person commits an offence by:
(a) do not allow access to the war grave;
(b) does not provide for the adaptation of the war grave; or
(c) make a change to the war grave other than its modification, or move or abolish the war grave without the consent of the Ministry.
(2) A penalty may be imposed in respect of an offence:
(a) 20 000 CZK if the offence referred to in paragraph 1 (a) is committed,
(b) 50 000 CZK if the offence referred to in paragraph 1 (b) is committed,
(c) 100 000 CZK if the offence referred to in paragraph 1 (c) is committed.
(3) The transfers referred to in paragraph 1 shall be dealt with by the authorising municipal authority; if the offence referred to in paragraph 1 is committed by a municipality, the Regional Office shall be responsible for its consideration.
The fines imposed pursuant to Article 5 shall be collected and enforced by the administrative authority which took decisions at first instance.
Common provisions
(1) The abolition of the war grave declared a cultural monument may be carried out only after the previous cancellation of its declaration as a cultural monument by the Ministry of Culture.
(2) Decisions under this law, unless otherwise provided for, shall be subject to the rules of procedure.
(3) The powers laid down by the Regional Office and entrusted to the Municipal Office under this Act are the exercise of the delegation.
Amendment to the Funeral Act
Act No. 256 / 2001 Coll., on Funeral Matters and amending certain laws, as amended by Act No. 479 / 2001 Coll., Act No. 320 / 2002 Coll. and Act No. 274 / 2003 Coll., are amended as follows:
1. In the second sentence of Paragraph 18 (3), the word "by this' is deleted and the comma after the words" by this law 'is replaced by a dot and the rest of the sentence is deleted.
2. In Article 24 (3), the second sentence is replaced by the following: "The destruction of war graves shall be carried out in accordance with special legislation.21a) '.
Footnote 21a) reads as follows:
"21a) Act No. 122 / 2004 Coll., on war graves and piety sites and on the amendment of Act No. 256 / 2001 Coll., on burial and on the amendment of certain laws, as amended. '
3. Paragraph 29 (6) reads:
"(6) In the case of war tombs 21a), the right of use shall be granted free of charge for an unlimited period."
EFFECTIVE
This Law shall take effect on 1 July 2004.
Zaoralek v. r.
Klaus v. r.
v z. Gross v. r.
1) For example § 15 of the Civil Code, Act No. 301 / 2000 Coll., on Matrices, Name and Surname and on the amendment of certain related laws, as amended.
2) Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
3) Act No. 151 / 1997 Coll., on the valuation of assets and on the amendment of certain laws (Law on the valuation of assets), as amended by Act No. 121 / 2000 Coll.
4) Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended.
Contents
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Regulation Information
| Citation | Act No. 122 / 2004 Coll., on war graves and piety sites and on the amendment of Act No. 256 / 2001 Coll., on burial and on the amendment of certain laws, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.03.2004 |
|---|---|
| Effective from | 01.07.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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