Act No. 164 / 1992 Coll.
Act amending and supplementing Defense Act No. 92 / 1949 Coll., as amended
Valid
Effective from 15.04.1992
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164
THE LAW
of 10 March 1992
amending and supplementing Defense Act No. 92 / 1949 Coll., as amended
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
Law No. 92 / 1949 Coll. (full version No. 309 / 1990 Coll.), as amended by Act No. 227 / 1991 Coll., is amended as follows:
1. In Paragraph 1 (4), the second sentence "National Security Corps members' is replaced by" police officers'.
2.
"1) Act No. 333 / 1991 Coll., on the Federal Police Force and the Castle Police Corps."
3. In Paragraph 2 (1), the words "persons subject to a military obligation subject to a military education 'are deleted.
4. in Article 5 (4):
"(4) The personal scope of the defence obligation may be adapted to constitutional officials of the Czech and Slovak Federal Republic and to the Inspector General of the Armed Forces of the Czech and Slovak Federal Republic under this Act."
5. in Article 9, paragraph 3, including reference (2), referred to in the footnote shall be deleted;
6. Paragraph 10 (4) becomes paragraph 3 and paragraph 3 becomes paragraph 4 as follows:
"(4) Obligations to make a contribution shall be waived
(a) without a limb;
(b) blind,
(c) deaf, deaf and dumb,
(d) deprived of legal capacity;
(e) affected by a defect which makes them permanently unable to move separately;
(f) affected by an incurable and life-threatening disease. "
7. in Paragraph 10, the following paragraph 5 is inserted after paragraph 4:
"(5) The facts referred to in paragraph 4 are ascertained at the time of registration (§ 15). The Chief of the District Military Administration shall invite the Council to submit for registration documents on the basis of which it may be decided that the person referred to in paragraph 4 may not be required to make his contribution. ';
8. In Paragraph 11 (3), "Czechoslovak citizenship 'is replaced by" citizenship of the Czech and Slovak Federal Republic'.
9. In Paragraph 14 (1), the fourth and fifth sentences are added: "Permission to join the army on a voluntary basis may be granted to a citizen as from 1 January of the year in which he reaches 17 years. The minors need the consent of a legal representative to volunteer for military entry. '
10. in Paragraph 14 (4):
"(4) Persons who are not nationals of the Czech and Slovak Federal Republic may voluntarily join the army only with the permission of the President of the Czech and Slovak Federal Republic if they comply with the conditions set for voluntary entry. Requests are filed with the Federal Department of Defense.
The application shall be accompanied by:
(a) the birth certificate or documents replacing it;
(b) the written permission of the competent authority or authority of the applicant's home State to join the army on a voluntary basis, unless the Federal Ministry of Defence has authorised the presentation of this document;
(c) a declaration by which the tenderer undertakes to serve in the military;
(d) evidence of the educational attainment. ";
11. in Article 15 (4):
"(4) In order to carry out regular contributions, the district military administrations shall be set up by a district commission composed of:
(a) the President-Chief of the District Military Administration or a representative designated by him;
(b) Members
1. a representative of the District Office, or his, on an equal footing with a regional authority of state;
2. Two doctors who will be provided by the competent authority of the State Health Administration at the request of the Chief of the District Military Administration; In agreement with the Ministry of Health of the Czech Republic or with the Ministry of Health of the Slovak Republic, the Federal Ministry of Defence may determine the place of one medical practitioner of the State Health Administration of the Military Administration. "
12. In Article 15, the following paragraphs 5 to 10 are inserted after paragraph 4:
"(5) In addition, representatives of the authorities of the municipalities from which the guards are summoned may be present.
(6) In addition to the persons referred to in paragraphs 4 and 5 and the gate which has arrived for the levy, only persons authorised by the authorities of the district military administration may be present in the drainage room.
(7) At the request of the Chief of the District Military Administration, the District Office or an equivalent regional authority of the State shall provide the material resources and necessary personnel to carry out medical examinations.
(8) The composition of the higher draft board (2) shall be determined by the authority responsible for the regional military administrations. Its members are representatives of the regional authority of the military administration and doctors of the military administration.
(9) Higher commission
(a) manage and control the activities of the district commission,
(b) decide on the removal of the recipients against the decision of departure;
(c) decide on complaints made by the members of the district commission against the decisions taken by those committees;
(d) examine the final decision of departure according to which the gate has not been removed if there is reason to believe that the decision is incorrect;
(e) deal with complaints about non-designation for a replacement service and appeal against the non-authorisation of a deferral of a basic (replacement) service.
(10) The Chairman of the High Commission for Admission shall declare the decision of the Commission. There is no appeal against this decision. '
(13) Reference 3) in the footnote shall be renumbered as reference 2).
14. In Paragraph 16, the following paragraphs 3 to 10 are added after paragraph 2:
"(3) The regional military administrations register citizens who are 18 years old by 31 December of the current year for a regular contribution.
(4) On 1 January each year, the lists of citizens referred to in paragraph 3 which are subject to a periodic withdrawal obligation are drawn up by the municipalities responsible for the performance of the public administration in whose territory the citizens are registered for permanent residence. The list shall include the name and surname, date, month and year of birth, place of birth, birth number, permanent residence address and shall be submitted to the competent district military administration by 15 January.
(5) The lists of citizens referred to in paragraph 3 which are subject to a regular withdrawal obligation and who are resident abroad shall be drawn up by the representative offices in whose territory the citizens live. The list of data referred to in paragraph 4 shall be sent through the Federal Ministry of Foreign Affairs to the Federal Ministry of Defence by 31 January each year.
(6) The citizens are aware of the fact that they are to come to the levy by calling order or public decree. Citizens subject to the levy are required to appear at the place and at the time specified by the call order or in the public order and to prove their identity.
(7) For serious reasons that do not allow citizens to come to the levy, only
(a) a disease of a citizen who, according to a medical certificate, is an obstacle to his appearance;
(b) permanent residence abroad;
(c) the detention, detention, arrest, detention and execution of prison sentences;
(d) other obstacles arising independently of him which prevent him from arriving on time; However, the citizen must submit a confirmation of this to the municipal office, police or other competent authority of the place where the obstacle was created.
Citizens who are subject to a withdrawal obligation are required to report without delay to the district military administration of their permanent residence the absence of obstacles preventing them from attending the service. The levy shall be paid retrospectively.
(8) Branches called for a levy are to undergo a medical examination carried out by medications- members of the district board. If the doctor cannot ascertain exactly the health condition of the goal, they will send it to an additional specialist medical examination. In the case of long-term practitioners, the state health authorities shall ensure a professional examination no later than 14 days before the start of the withdrawal procedure so that the board can fully assess their health. The results of the medical examination with the appropriate design will be submitted by the physician to the district military administration of the permanent residence of the goal. Brance, where doctors find temporary incapacity for military active disease service (defect), is designated by the Chief of the District Military Administration for medical care. These goaltenders are provided free of charge medical care in the extent and manner specified by the Ministry of Health of the Czech Republic or the Ministry of Health of the Slovak Republic in an agreement with the Federal Ministry of Defence.
(9) According to the outcome of the medical examination, the President of the Commission shall give the following decision:
(a) the ability of a military-active guard; or
(b) the permanent inability to provide military service; or
(c) for the postponement of the contribution in the event of temporary incompetence of the disease (defect) goal.
(10) Branches are exempt from the obligation to visit the Czech and Slovak Federal Republic during their permanent stay abroad in order to fulfil their regular withdrawal obligation. The levy will be submitted upon return to the Czech and Slovak Federal Republic. "
15. In the second sentence of Paragraph 17 (1), the words "and regulations issued by the Government of the Czech and Slovak Federal Republic for its implementation" are deleted. at the end of the paragraph, the following sentence shall be added: "There is no appeal against the decision. ';
16. In Article 17, the following paragraph 2 is inserted after paragraph 1:
"(2) The provisions on periodic contributions apply mutatis mutandis. Where exceptional contributions are ordered, persons subject to them shall be required to register with the authority of the municipality responsible for the administration responsible for the place of permanent residence. ';
17. Paragraph 17 (2) is renumbered paragraph 3 and the following sentence is added at the end: "Provisions on periodic contributions shall apply mutatis mutandis on voluntary contributions. '
18. in Paragraph 18 (3):
"(3) The review shall be directed by the authorities of the district military administrations,
(a) if it is suspected that the decision of departure under which the prisoner was not removed has been taken as a result of a criminal act;
(b) where doubts arise as to the correctness of the levy proceedings in which the gate was not removed. ";
19. in Paragraph 18, the following paragraphs 4 to 6 are inserted after paragraph 3:
"(4) If criminal proceedings are held to suspect that the removal decision under which the diaphragm was not taken was due to a criminal offence, the law enforcement authority which issued the final decision shall notify the outcome of the proceedings to the authority superior to the district military administration in whose district the diaphragm was subject to the levy.
(5) The examination is carried out by a higher commission. It shall not be a member of a person who has been a member of the District Commission on the same subject.
(6) The provisions on insolvency proceedings apply mutatis mutandis. If an expert medical examination is needed, the gateway may also be sent to another medical facility. '
Paragraph 4 shall become paragraph 7.
20.
Costs related to registration, levy and checking
(1) Where public means of transport are used, the Branches shall be reimbursed for the costs incurred for the journey from the place of permanent or temporary residence to the registration, payment, examination or additional medical examination. Branches are paid by bus or fare in the lowest class of passenger train or speedster. The fare for registration, levy and checking shall be paid by the municipal office of residence of the citizen; the fare for the additional medical examination shall be borne by the military administration. If the profession of action has been misled by a citizen by neglect or circumventing an obligation or by misleading the commission, the fare shall not be reimbursed.
(2) A person who did not appear without a serious reason for being examined, or if the examination was ordered because a decision on incapacity for military active duty was taken as a result of the conduct of that person, who is a criminal offence, is obliged to reimburse the costs incurred for the 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 premises and rooms to carry out the levy, their heating and maintenance during the administrative procedure are provided for and the costs incurred are borne by the district authority or by an equivalent body of the state administration at the request of the district military administration.
(4) The costs incurred by municipalities or district authorities in carrying out tasks under this Act which cannot be covered by their budgets shall be borne by the federal budget. '
21. In Paragraph 21 of the heading reads: "Start, end and discharge of duty."
22. in Paragraph 21 (4), including the reference, read:
"(4) Staff duties shall be waived for persons who have filed a declaration of refusal of essential service or military training. 3)
3) Sections 1 (1) and 2 of Act No. 18 / 1992 Coll., on Civil Service. '
23. in Article 22 (1) (c), the words "following a review procedure" shall be inserted after the words "following a review procedure."
24. Paragraph 22 repeals paragraph 2 and paragraph 3 becomes paragraph 2.
25. Paragraph 23, including the title, reads:
Review procedure
(1) The review procedure shall identify the medical capacity or the inability of soldiers to operate in the military.
(2) Review proceedings shall be carried out by review committees in district military administrations, authorities superior to district military administrations and in military hospitals. Their establishment, composition and operation shall be laid down by the Federal Ministry of Defence by a generally binding law.
(3) The members of the review committees of the District Military Administrations are doctors in a similar manner to those of the recruitment committees.
(4) Committed soldiers are required to come to review proceedings. Ticket in the lowest class of passenger train or speedster or by bus from the place of stay to the place of review and back shall be paid by military administration. ';
26. Under Section 23, the new Section 23a is ruled, which includes the title:
Relief from duty
(1) The President of the Czech and Slovak Federal Republic, Members of the Federal Assembly - Members of the Committees of the Federal Assembly set up for defence policy, the President and members of the Government of the Czech and Slovak Federal Republic, the President and members of the Defence Council of the State, judges of the Supreme Court of the Czech and Slovak Federal Republic, judges of the Constitutional Court of the Czech and Slovak Federal Republic, the Prosecutor General of the Czech and Slovak Federal Republic and the Inspector General of the Armed Forces of the Czech and Slovak Federal Republic shall be suspended or suspended during the term of office.
(2) If the persons referred to in paragraph 1 do not voluntarily transfer their duties, they may be imposed only on emergency measures and at the time of the state's armed emergency (§ 46 to 49).
(3) The provisions on the voluntary taking over of the duty referred to in paragraph 2 shall continue to apply after the end of the term of office. "
27. In Section 24, the following heading is inserted: "Temporary relief from duty '.
28. In Article 24 (1), the following sentence is added: "Similarly, the term of office in the municipal council shall be followed when elected."
29. Paragraph 26, including the title, reads:
Exemption from the duty of service of members of the Federal Police Force, Police of the Czech Republic, Police Department of the Slovak Republic, Castle Police Corps, Federal Security Information Services, Department of Correctional Education of the Czech Republic and Department of Prison and Judicial Guard of the Slovak Republic and measures for their release (release) from the service
(1) Members of the Federal Police College, the Police of the Czech Republic, the Police College of the Slovak Republic, the Castle Police Corps, the Federal Security Information Services, the Department of Correctional Education of the Czech Republic and the Department of Prison and Judicial Guard of the Slovak Republic (hereinafter referred to as "the Corps and the Security Service"), who have performed the essential service, shall be exempt from the obligation of service for the duration of the service to the College or Security Service (Section 20).
(2) Persons whose service to the Corps or Security Service has ceased shall be required to serve as soldiers in reserve.
(3) As a general rule, the benefits achieved by members of the corps or the security services in the army do not change during their service in those corps or security services, or when they are released or released from service, except that such military rank could not be left to them under generally binding legislation.
(4) At the request of the person referred to in paragraph 3, submitted after his release or release from service to the College or the Security Service, the military rank may be adjusted according to the rank he has reached in those corps or security service. The degree may also be adjusted on a proposal from the discharge authority.
(5) The personnel services of the corps or security services shall notify the competent district military authority of the release or release from service. '.
30. In Paragraph 27, the following paragraph 3 is inserted after paragraph 2:
"(3) Duration of basic service
(a) graduates who have completed their university studies by State examination shall be set at 12 months;
(b) graduates who have been included in military training at universities and have completed part of that training by credit shall be set at 11 months;
(c) graduates of universities who have been included in military training at universities and have completed such training through final examinations, women who have volunteered to join the army, and soldiers who have taken on a commitment to further service shall be set at 9 months. "
31. Paragraph 27 (3) becomes paragraph 4.
32. After Paragraph 28, the following Section 28a is inserted:
Calculation of basic (replacement) service
Persons who have already served in the army and have been released from it, the basic service already performed is counted into the basic service. "
33. The second sentence of Paragraph 30 (3) reads: "There is no appeal against this decision."
Article 34 (36), including the title:
Permanent leave
(1) Soldiers on permanent leave are soldiers who have been released early from the basic service and have not yet been transferred to the reserve. In addition to the reason set out in Paragraph 32 (1), early release from the basic service may be granted for permanent leave by soldiers,
(a) if their surplus numbers are to be removed,
(b) the collective release of members of one of the following years before their transfer to the advance;
(c) if the review committee so decides,
(d) which have been granted an additional postponement;
(e) which were to be granted medical leave for at least the period remaining to complete the basic service;
(f) women found to be pregnant,
(g) who have been taken into custody;
(h) who have been lawfully sentenced to prison on the date of the entry of the sentence.
(2) The replacement service may early release soldiers for permanent leave for the reasons referred to in paragraph 1 (b). (b) to (h) and soldiers who are unable to perform a replacement service for the disease for a continuous period of more than 28 days if, according to the expert's opinion, they are unlikely to recover within an additional 14 days at the latest.
(3) The basic (replacement) service is interrupted by permanent leave. Soldiers on permanent leave shall be required to continue the basic (replacement) service within the next starting date following the absence of the reasons for which they were granted permanent leave. '
35. After Paragraph 36, the following Section 36a is inserted:
Remission of the remainder of the basic service
(1) The remainder of the basic service shall be forgiven if it does not exceed six months for the soldiers on permanent leave referred to in Article 36 (1) (a), (b), (e) and (f). The remainder of the replacement service to the soldiers referred to in § 36 (2) shall be forgiven if the last month of the replacement service is discharged.
(2) If, on release under Paragraph 36 (1) (b), they are for a period of less than 10 days, this period shall be counted as a military active service.
(3) The Federal Ministry of Defence may waive the remainder of the basic service, if it does not exceed six months, and the soldiers admitted to permanent leave under § 36 (1) (g) and (h) of the basic service within one month. "
36. Paragraph 37, including the title, reads:
Next Service
(1) Soldiers who have performed a basic service may, at their request, be permitted to carry out another service. Soldiers who have performed only a replacement service may only be granted such authorisation if they have been designated for the replacement service in accordance with § 29 or 31.
(2) The next duty is for soldiers,
(a) are trained or trained at their request for military service; or
(b) if they have assumed an obligation to such a service.
(3) The soldiers referred to in paragraph 2 (b) shall be recruited for a period of 2 to 5 years. ';
37. After Paragraph 37, the following Section 37a is inserted:
Compensation
(1) Soldiers in the next service who, at their own request or by reason of final conviction by a criminal court or professional incapacity, are made redundant before the obligation to continue the service has been fulfilled or before the obligation taken over has been fulfilled shall be required to repay an amount equal to the cost of material and financial security of their education or training (hereinafter referred to as "reimbursement of costs").
(2) The Federal Ministry of Defence and the Federal Ministry of Interior provide for conditions of reduction or remission of costs and, in agreement with the Federal Ministry of Finance, the amount of compensation. "
38. in Paragraph 39 (3):
"(3) Reserve soldiers are usually called to four regular exercises after three or four weeks. The Federal Ministry of Defence shall determine the number and length of individual exercises with regard to the needs of training or ensuring the readiness of the armed forces in such a way that the aggregated period referred to in paragraph 1 or 2 is not exceeded; it may forgive soldiers in advance of the exercise if more than one person is trained or if they are trained to the extent necessary in relation to the employment or other training carried out. The Federal Ministry of Defence may count it as one or two exercises if an extraordinary or special service takes place for six months. '
39. in Paragraph 39 (5):
"(5) Reserve soldiers who stay abroad for a long time are not called for exercise for this time, but are obliged to do so when they return from abroad. The Federal Ministry of Defence may, for reasons worthy of special consideration, forgive all or some of these exercises. '
40. In Paragraph 39 (6), the second sentence is added: "Voluntary exercises shall not be counted in the aggregate period of exercise."
41. In Paragraph 39, the following paragraphs 8 and 9 are added after paragraph 7:
"(8) At their request by the district military administration, soldiers in reserve may be allowed to postpone the exercise for another period of the year or next year, as appropriate. With the consent of the soldier, the employer may also request a postponement of the exercise. The application shall not have suspensory effect.
(9) Exercise shall be released prematurely by soldiers who, due to illness or accident, become incapacitated for the remaining period of military active service, who have been taken into custody during the exercise or who have been allowed to postpone the exercise during the exercise. The time for which they have exercised their exercises shall be included in the accumulated period of exercise. "
42. Paragraph 40, including the title:
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Regulation Information
| Citation | Act No. 164 / 1992 Coll., amending and supplementing Defense Act No. 92 / 1949 Coll., as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.1992 |
|---|---|
| Effective from | 15.04.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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