Act No. 170 / 2002 Coll.
War Veterans Act
Valid
Law
Effective from 30.04.2002
170
THE LAW
of 9 April 2002
about war veterans
Preamble
Having regard to the moral appreciation of men and women who fought for their own lives, defended the values of freedom and democracy, and guided by the wish to recall the ideals of patriotism, honor and bravery to all citizens,
Parliament has decided on this law of the Czech Republic:
Subject matter
This Act regulates the conditions for certification of a war veteran and tasks of the Ministry of Defence ("the Ministry ') in the field of care of war veterans; also regulates the security of celebrations Day of war veterans, other festive and piety events involving war veterans and appointment of war veterans to higher military ranks.
War veteran
(1) The war veteran is a Czech national who, after 8 May 1945, as a soldier in active service, was a member of an army which was considered to be an ally at the time, or a member of an army of a state whose Czech Republic is a legal successor, (hereinafter referred to as "soldier"), or as a member of a security corps, performed a service
(a) continuously for at least 90 calendar days on a foreign mission in a place of armed conflict or in a place with a significantly deteriorated security situation;
(b) in summary for at least 360 calendar days in foreign missions other than those referred to in (a) which have taken place on the basis of a decision of an international organisation to which the Czech Republic is a member; However, the shortest deductible period under this provision shall be at least 90 days of continuous service; or
(c) individually in foreign missions for a period less than the period referred to in (a) or (b), but where the total service period after the reciprocal addition is at least 360 calendar days; the period of service at the site of the armed conflict or in a place where the security situation is significantly deteriorated, less than the period referred to in (a), shall in this case be counted four times in total, if it reaches at least 90 days after such conversion.
(2) The war veteran is also a national of the Czech Republic, who, as an employee of a central authority of the state administration, the Security Corps or the Armed Forces (hereinafter referred to as "the staff member '), has performed tasks at the place of armed conflict or in a place with a significantly deteriorated security situation or in another foreign mission for the period provided for in paragraph 1 (a), (b) or (c).
(3) A soldier or member of the Security Corps shall not be regarded as a war veteran, even if he fulfils the conditions laid down in paragraph 1, provided that he has been lawfully sentenced to an unconditional prison sentence for an offence committed in connection with the performance of the service referred to in paragraph 1, or has been sentenced to a loss of military rank. Furthermore, neither a soldier shall be considered a war veteran if he has lost his service by degrading rank or a member of the Security Corps, if he has been subjected to disciplinary detention. An employee shall not be considered a war veteran, even if he fulfils the conditions laid down in paragraph 2, if he has been legally sentenced to an unconditional prison sentence for an offence committed in connection with the performance of the tasks referred to in paragraph 2.
(4) Until the period referred to in Article 3 (1), the period of service or the performance of tasks which have been carried out in favour of a regime acting in breach of the principles of democratic society, respecting the rights of citizens as expressed by the Charter of the United Nations, the Universal Declaration of Human Rights and the successive international conventions on civil, political, economic, social and cultural rights, shall not be taken into account.
(5) The war veteran is also a citizen of the Czech Republic, who was a participant in the national struggle for liberation between 1939 and 1945 and holds a certificate pursuant to § 1 (1) (a) to (f) of Act No. 255 / 1946 Coll., on members of the Czechoslovak army abroad and on some other participants in the national struggle for liberation, as amended.
Removal of law hardness
(1) The Minister of Defence may decide, on the basis of a written and reasoned request to remove the hardness of the law, that a veteran of war is also considered to be a person who:
(a) has failed to fulfil the conditions set out in Paragraph 3 (1) (a) as the foreign mission was terminated before 90 days,
(b) has failed to comply with the conditions set out in Article 3 (1) (a) or (b) if, during a foreign mission, it has carried out an extremely deserving act; or
(c) has failed to fulfil the conditions set out in Article 3 (1) (a) or (b) if, in the course of a foreign mission, it has suffered injury without self-inflicted damage to the health that led to the termination of its participation in a foreign mission.
(2) No degradation may be brought against the decision on the application referred to in paragraph 1.
War Veteran Certificate
(1) The War Veteran Certificate is issued by the Ministry at the written request of the persons referred to in § 3 (1) and (2). The application shall contain, in addition to the formalities laid down in the administrative rules, the place of birth, citizenship and, where appropriate, the rank or rank of service with an rating. Furthermore, the applicant shall indicate the place and duration of the service or mission in the missions and, if a certificate of participation in the national fight for liberation has been issued to him under another legislation (1d), the number of that certificate.
(2) The Ministry in the proceedings will verify that the conditions for issuing a war veteran certificate are met. If these conditions are met, he shall issue a war veteran certificate.
(3) The Ministry of the Interior or the central administration shall provide the Ministry with the information necessary to verify compliance with the conditions for issuing a war veteran certificate to members of the Security Corps or staff.
(4) In the cases at issue, the Ministry of Foreign Affairs shall, at the request of the Ministry, issue an opinion determining whether the mission is in a place of armed conflict or in a place with a significantly impaired security situation or any other foreign mission, such as the location and duration of the foreign mission, and whether the army in which the person responsible for issuing the war veteran certificate was in service was or is an army of allies.
(5) The certificate of a war veteran shall include the rank or rank with the rating, title, name, surname, place and date of birth, details of the performance of the service or the performance of the duties and the stamp, date and signature of the authorised official. The model of the war veteran certificate is set out in the Annex to this Act.
(6) If a person has died or has been declared dead in accordance with § 3 (1) or (2), the request may be made by a person close to him (5), a association of war veterans or a association whose purpose is to investigate military history. Such a request shall include, in addition to the particulars referred to in paragraph 1, the designation of the person making the request, his relationship with the person for whom the certificate is sought and the date and place of death of that person.
(7) In the case of an applicant who is a person under § 3 (1) or (2), the Ministry, together with the certificate, shall issue a certificate of war veteran and a badge of war veteran.
(8) The Ministry provides by decree a model of a war veteran's certificate and badge.
Appointment of war veterans to higher military ranks
(1) A war veteran who is a professional soldier or a soldier in reserve 1e) can only be appointed to a higher military rank under another law 1f).
(2) A war veteran to whom a military obligation has expired (1g) may be appointed to a higher military rank. A war veteran can also be appointed posthumously to a higher military rank. A war veteran can only be appointed to a higher military rank once within the Corps, only in exceptional cases.
(3) The War Veteran shall be appointed by the Minister of Defence to the rank of General President of the Republic on a proposal from the Government and other military rank.
(4) The Administrative Regulation shall not apply to the appointment of a war veteran to a higher military rank.
Care of war veterans
(1) The care of war veterans is a summary of the areas of care provided by the Ministry to provide assistance to war veterans. The care of war veterans is provided by the Ministry, the organisation set up by the Ministry or by the natural and legal persons responsible for carrying out such care by the Ministry.
(2) The Ministry provides care through
(a) contributions under this Act;
(b) subsidies to legal persons,
(c) stay in a military accommodation facility;
(d) community care;
(e) home of care for war veterans.
(3) In addition to paragraph 2, the Ministry provides a war veteran and those closest to the five) a war veteran with care in dealing with an unfavourable living situation.
(4) The Ministry provides social services under the Social Services Act through its directly managed organisations.
(5) The Ministry provides care for war veterans in cooperation with other ministries, counties, municipalities and other legal and natural persons.
Social services allowance for war veteran
(1) A war veteran who:
(a) is a beneficiary of an old-age or invalidity pension;
(b) income is less than 1,5 times the average old-age pension for the preceding calendar year; and
(c) apply for a care allowance under the Social Services Act or receive a care allowance;
the Ministry may grant social services to a war veteran (hereinafter referred to as "social services allowance ').
(2) The beneficiary of the social services allowance is a war veteran or his guardian.
(3) In the event of non-recognition of a care allowance, a war veteran or his guardian shall return the previously paid social services allowance. The entitlement to the payment of the allowance shall cease on the date on which the entitlement to the payment of the care allowance ceases to exist.
(4) By decree, the Ministry shall determine the amount of the contribution, the method of payment thereof and the conditions for repayment of the contribution unduly paid.
(5) The allowance shall not be granted to cover the provision of a care service which is provided without payment.
Military veteran contribution
(1) A war veteran who is an old-age or invalidity pension may, depending on his financial capacity, provide a contribution of a war veteran to health, social, community care and catering, upon request.
(2) The Ministry may also grant contributions to persons close to (5) a war veteran.
(3) By decree, the Ministry shall determine the types of contribution, the amount of the contribution, the method of payment and the conditions for granting it.
Subsidy
The Ministry provides subsidies under another legislation (6) to legal persons to ensure the care of war veterans and the maintenance of military traditions of war veterans.
Stay in military accommodation
The Ministry may allow a war veteran, depending on the capacity of the military accommodation facility, to stay for the time necessary to overcome his difficult social situation, but not more than one year.
Community care
(1) The Ministry provides war veteran contact with the social environment for active inclusion in civil life based on its specific needs.
(2) The Ministry may provide community care to persons close to (5) a war veteran.
Home care of war veterans
(1) In the care of war veterans (hereinafter referred to as "home"), housing, food, provisions and services related to residence and personal equipment are provided. Care shall be provided in the form of a short or long stay. Short-term stay means a time-limited stay of a war veteran in a home of at least 7 consecutive calendar days and a maximum of 12 consecutive calendar months. Long stay means stay for a maximum of 3 years; the period of stay may be extended for another 3 years repeatedly.
(2) The war veteran is involved in paying for housing, food and services. The amount of this share is decided by the Ministry on the basis of proven earnings of a war veteran. After paying the share of the cost of housing, food and services, at least 15% of his income must remain for the war veteran. The income for the purposes of payment is income under the Lifetime and Existing Minim1h Act). The income is not paid for care 2). Similarly, this provision applies to a person approaching 5) a war veteran.
(3) The determination of the amount of the costs referred to in paragraph 2 and the method of their reimbursement and cases where reimbursement is not required shall be determined by the Ministry by decree.
(4) The organisation of the home is governed by the rules of organisation issued by the Ministry.
Acceptance, interruption and termination of stay at home
(1) A war veteran can be admitted to his home, who needs care in his home due to his health and social circumstances. The conditions for admission to home shall be laid down by the Ministry by decree.
(2) A war veteran is admitted to his home following a written request from the Ministry. The application may also be submitted by the health service provider or association referred to in Article 8 (b); in such cases, the written consent of a war veteran to be placed in a home is necessary. The application shall be accompanied by a copy of the certificate of war veteran and a statement by the doctor on the health status of the applicant. A war veteran applies for admission to his home and for a person close to the 5) war veteran, with his consent.
(3) In cases of special consideration, particularly for health reasons, the Ministry may accept a war veteran with a person close to examination 5) a war veteran. In the event of death of a war veteran, a person may be kept close to trial 5) a war veteran in a home if he so requests. If the application for admission to home is met, the period of stay shall be determined and the decision shall not be drawn up in writing.
(4) If he asks a war veteran to interrupt or terminate his stay at home, the Ministry will grant the request. If a war veteran ceases to fulfil the conditions for admission to his home referred to in paragraph 1, the Ministry shall decide whether to interrupt or terminate his stay in his home. If the conditions for admission are no longer met by a person close to (5) the war veteran shall be treated mutatis mutandis according to the second sentence.
(5) The Ministry may decide that a person other than a war veteran may exceptionally be admitted to home if the capacity of the home is not fulfilled. However, it must be a person who needs home care because of his health and social circumstances. However, this person may be admitted to his home only for temporary stay and subject to full reimbursement of the financial costs actually incurred. The Ministry may terminate this person's stay by decision if the occupied bed is needed for a war veteran or person close to examination 5) war veteran. The stay in such a case may not be terminated before the expiry of the last day of the month following that in which the decision became final.
Tasks of the Ministry
Ministry
(a) issue certificates of war veteran and keep records of certificates issued to persons referred to in Articles 3 (1) and (2) and 4 (6);
(b) allow associations which mainly associate war veterans, free use of the premises with which the Ministry and the legal entities set up by it, to conduct meetings or to organise cultural and social events;
c) Provides celebrations On the day of the war veterans and can provide festive and piety events involving war veterans, in particular on the occasion of public holidays and significant anniversary of the participation of the armed forces in armed conflicts and peacekeeping operations,
(d) establish and manage homes;
(e) decide on the admission of a war veteran and a person close to (5) a war veteran and other persons provided for in Article 7 (5) to home and decide on the interruption or termination of their stay at home;
(f) manage and control the care of war veterans;
(g) it processes data on war veterans and documentation on the care provided for war veterans and their persons close to them (5), including data on legal and natural persons involved in the care under this Act. In order to ensure the provision of care, it may request data and documentation from the bodies referred to in Section 5b (5),
(h) in the case of sufficient supplies to secure soldiers in active service to a war veteran who is also a soldier in reserve or a retired soldier, he may provide, in return, a component of the military uniform to ensure his participation in the military uniform on festive occasions organised for war veterans.
Efficacy
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
Annex to Act No. 170 / 2002 Coll.
1) § 18 (c) of Act No. 221 / 1999 Coll., on professional soldiers.
1a) § 42 (1) (e) of Act No. 361 / 2003 Coll., on the service ratio of members of the Security Corps.
1b) Paragraph 48 (8) of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules). Section 8 of Act No. 198 / 1993 Coll., on the illegality and resistance of the Communist regime.
1c) § 69 of Act No. 218 / 2000 Coll.
1d) Act No. 255 / 1946 Coll., on members of the Czechoslovak army abroad and on certain other participants in the national struggle for liberation, as amended by Act No. 101 / 1964 Coll.
1e) § 26 of Act No. 585 / 2004 Coll., on the defence obligation and its provision (the Defence Act).
1f) Act No. 221 / 1999 Coll., on professional soldiers, as amended. Act No. 220 / 1999 Coll., on the course of basic or replacement service and military exercises and on certain legal ratios of soldiers in reserve, as amended.
1g) Sections 2 and 7 of Act No. 585 / 2004 Coll.
1h) Act No. 110 / 2006 Coll., on Life and Existing Minimal, as amended.
2) § 7 of Act No. 108 / 2006 Coll., on Social Services.
(3) Administrative rules.
5) § 22 of Act No. 89 / 2012 Coll., Civil Code, as amended.
6) Act No. 218 / 2000 Coll., on budgetary rules, as amended.
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Regulation Information
| Citation | Act No. 170 / 2002 Coll., on War Veterans |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.2002 |
|---|---|
| Effective from | 30.04.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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