Act No. 172 / 2002 Coll.
The Act on compensation for persons being towed to the USSR or to camps established by the USSR in other States
Valid
Law
Effective from 09.05.2002
Text versions:
01.01.2014
09.05.2002
172
THE LAW
of 9 April 2002
on compensation for persons towed to the USSR or to camps set up by the USSR in other States
Parliament has decided on this law of the Czech Republic:
This law applies to citizens of the Czech Republic who, as Czechoslovak citizens, have been taken to the Union of Soviet Socialist Republics or to camps which the Union of Soviet Socialist Republics has established in other countries.
(1) The authorised person is a natural person who fulfils the following conditions:
(a) have been towed to the Union of Soviet Socialist Republics or to camps which the Union of Soviet Socialist Republics had established in other States;
b) at the time of the tow was a citizen of Czechoslovakia,
c) is a citizen of the Czech Republic,
d) was not the recipient of claims under the Slovak National Council Act No. 319 / 1991 Coll., as amended,
e) was not convicted of crimes against the Democratic Czechoslovakia (1) and was not a person of state unreliable under Act No. 128 / 1946 Coll., on the nullity of certain property-law acts from the period of infreedom and on the claims of this invalidity and other interference in the assets of the rising.
(2) If a person meeting the conditions laid down in paragraph 1 has died or has been declared dead, he shall be entitled to:
(a) children and the spouse of the authorised person;
(b) the parents of the beneficiary.
(1) Authorised persons are entitled to a lump sum (hereinafter referred to as "entitlement").
(2) The claim must be applied in the form of a written application to the authority responsible for the decision by 31 December 2002 at the latest, otherwise the claim will cease.
(1) The period of unlawful detention for the creation and amount of the rights arising from the employment and sickness insurance shall be counted as the duration of the employment.
(2) For the purposes of pensions, the period of stay in camps shall be considered as the period of employment in the first working category.
(1) The citizens referred to in § 2 (1) are entitled to a lump sum of CZK 12,000 for each month of withdrawal.
(2) Where the person entitled under Paragraph 2 (1) has died or has been declared dead, the entitlement to a widow or widower shall apply if their marriage lasted at the time of the removal of the spouse or was concluded no later than six months after their return because of the impossibility of marriage. It also applies to widows and widows who have entered into new marriages. The amount of a lump sum for a widow or widower, parents and children shall always be half the amount that would be due to the person entitled under Paragraph 2 (1).
(1) The claim for compensation will be applied by the applicant in writing to the Czech Social Security Administration. The application shall be accompanied by a certified proof of the length of residence in the forced labour camp.
(2) The proof of residence may be replaced by two witnesses' testimony.
(3) The provision of a lump sum is decided and paid by the Czech Social Security Administration.
(1) Proceedings under this Act shall be initiated on the basis of a proposal from the authorised person. In the event of the entitlement being exercised, if it has not been decided on or if a lump sum has not been paid, it shall, in the event of the death of the beneficiary, pass on to its heir.
(2) This procedure shall apply, save as otherwise provided in this law, to the administrative rules.
(3) An appeal may be brought against the decision of the institution referred to in Article 6 before the Supreme Court, in whose territory the general court of the authorised person is situated.
(1) Proceedings under this Act shall be exempt from fees.
(2) The cost of a lump sum is borne by the State.
(3) Compensation under this Act is without prejudice to the rights of victims to claim compensation against other States.
This Act shall take effect on the day of its publication.
Klaus v. r.
Havel v. r.
Zeman v. r.
1) Decree of the President of the Republic No. 16 / 1945 Coll. II, on the punishment of criminals, traitors and their helpers and on extraordinary people's courts. Act No. 22 / 1946 Coll., approving, amending and supplementing the regulations on the punishment of Nazi criminals, traitors and their helpers and on extraordinary folk trials. Act No. 149 / 1946 Coll., extending the effectiveness of the Decrees of the President of the Republic on Extraordinary People's Justice. Act No. 245 / 1946 Coll., amending and supplementing the Decrees of the President of the Republic on Extraordinary People's Judiciary and extending their effectiveness. Act No. 33 / 1948 Coll., renewing the effectiveness of the Retribution Decree and the People's Judicial Regulation and amending some of their provisions.
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Regulation Information
| Citation | Act No. 172 / 2002 Coll., on Compensation of Persons Transported to the USSR or Camps Established by the USSR in Other States |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.05.2002 |
|---|---|
| Effective from | 09.05.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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