Act No 175 / 2022 Coll.
Law on further measures in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops and amending other laws in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops
Valid
Law
Effective from 27.06.2022
Text versions:
27.06.2022
Contents
175
THE LAW
of 15 June 2022
on further measures relating to the armed conflict in the territory of Ukraine caused by the invasion of Russian troops and amending other laws in connection with the armed conflict in the territory of Ukraine caused by the invasion of Russian troops
Parliament has decided on this law of the Czech Republic:
Other measures in connection with armed conflict in Ukraine caused by the invasion of Russian Federation troops
(1) If this is necessary for the protection of the foreign political interests of the Czech Republic in the context of an armed conflict in the territory of Ukraine caused by the invasion of Russian Federation troops, the Government may provide that an application for authorisation to reside in the territory of the Czech Republic lodged at the representative office by a citizen of a State which is not a Member State of the European Union or is not bound by an international treaty negotiated with the European Union (1), which implies a right of free movement equivalent to that of citizens of the European Union, or by the Agreement on the European Economic Spaces2), is unacceptable (the third country). When determining the admissibility of the application, the provisions of Section 169h (5) of the Act on the residence of foreigners in the Czech Republic shall be applied mutatis mutandis.
(2) At the same time, the Government may determine which applications and groups of citizens of a third country are not covered by the regulation referred to in paragraph 1.
The procedure for an application for a residence permit in the Czech Republic lodged at the representative office by a citizen of a third country referred to in the Decree of the Government referred to in Article 1 (1), initiated before the date of the entry into force of such a regulation, if not for an application not covered by that regulation, shall be terminated.
Amendment of the Act on certain measures in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops
Act No 65 / 2022 Coll., on certain measures relating to armed conflict in Ukraine caused by the invasion of Russian troops, is amended as follows:
1. In Article 5 (1) (c), the words "or international 'shall be inserted after the word" temporary' and the words "or 'shall be deleted at the end of the letter.
2. In Article 5 (1) (d), the words "or international 'shall be inserted after the words" temporary'.
3. In Article 5, at the end of paragraph 1, the dot is replaced by "or 'and the following point (e) is added:
"(e) is submitted by a foreigner who is a citizen of the European Union, to a State which is bound by an international treaty negotiated with the European Union2), from which the right to free movement is apparent equivalent to that of citizens of the European Union, or to a State which is bound by the Agreement on the European Economic Spaces3).
2) For example, the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons.
(3) Annexes V and VIII to the Agreement on the European Economic Area, as amended. "
4. In Article 5, the sentence "The decision on temporary protection of the Ministry of Interior or Police of the Czech Republic shall be added at the end of paragraph 5 without undue delay, in particularly difficult cases within 60 days of the date of application for temporary protection."
5. In Article 5, at the end of paragraph 6, the words "and the sharing of information on aliens on temporary protection with the competent authorities of the Member States of the European Union 'shall be added.
6. In Article 5, the following paragraph 8 is added:
"(8) The residence permit for the purpose of temporary protection shall continue to apply:
(a) making an application for temporary protection pursuant to a Council decision in another Member State of the European Union;
(b) by granting temporary protection under a decision of the Council by another Member State of the European Union;
(c) making an application for international protection in another Member State of the European Union bound by Regulation (EU) No 604 / 20134 of the European Parliament and of the Council; or
(d) by granting a visa for residence over 90 days, a residence permit or international protection in the Czech Republic or another State.
(4) Regulation (EU) No 604 / 2013 of the European Parliament and of the Council of 26 June 2013 laying down the criteria and procedures for determining the Member State responsible for examining an application for international protection submitted by a third-country national or a stateless person in a Member State (recast). ';
7. The following Section 5a is inserted after Section 5:
(1) An application for a residence permit in the Czech Republic lodged in the representative office by a foreigner referred to in § 3 or § 5 (1) (c) or (d) is unacceptable, even in cases where a temporary protection has already been granted to a stranger and the residence permit for temporary protection has not expired. When determining the admissibility of the application, the provisions of Section 169h (5) of the Act on the residence of foreigners in the Czech Republic shall be applied mutatis mutandis.
(2) The Government may provide for derogations from the admissibility of an application under paragraph 1 by a regulation. "
8. In Article 6 (1), the second sentence is replaced by the following: "An applicant who has not been granted accommodation by a crisis management body in the performance of a task imposed under the Crisis Act is also required to submit a proof of accommodation pursuant to Article 31 (5) of the Act on the residence of foreigners in the Czech Republic; the requirement for the officially certified signature of the owner or authorized user of the apartment or house on this document shall not apply. ';
9. In Article 6, at the end of paragraph 2, the sentence "The alien is obliged to present a photograph."
10. In Article 6, the following paragraph 3 is inserted after paragraph 2:
"(3) The Ministry of Interior or Police of the Czech Republic shall be entitled to obtain an image recording of a stranger for the purposes referred to in paragraphs 1 and 2."
Paragraphs 3 to 10 shall be renumbered paragraphs 4 to 11.
11. At the end of paragraph 4, the sentence "The Ministry of the Interior and Police of the Czech Republic may transmit data from this register to the public authorities of other Member States if it is necessary for the performance of their tasks."
12. In Paragraph 6 (9), the words "A stranger who has been granted temporary protection under this Act shall be inserted after the first sentence of Paragraph 6 (9) and be required to report a change of place of residence in the Czech Republic to the Ministry of the Interior within 3 working days of the date of the amendment, by supporting the proof of accommodation referred to in paragraph 1. If the documented document does not fulfil the conditions laid down in paragraph 1, the notification of the change of residence shall not be taken into account. The obligation shall apply to foreigners if the expected change of place of residence in the Czech Republic is longer than 15 days. 'and at the end of the fifth sentence the words" together with proof of the proof of accommodation referred to in paragraph 1' are added.
13. The following Section 6a is inserted after Section 6:
(1) The Ministry of the Interior shall cancel in the information system of foreigners an indication of the place of registered residence in the Czech Republic if:
(a) the entry of this information has been made on the basis of false or incorrect information;
(b) the object at which the alien is declared to be resident in the Czech Republic has been removed or disappeared; or
(c) the right to use the object or the defined part of the object at whose address the alien is declared to be resident in the Czech Republic has expired and does not use the object or its defined part.
(2) The Ministry of the Interior shall cancel the location of the registered residence referred to in paragraph 1 (c) on the basis of a declaration by the owner or person authorised to use the premises or its designated part.
(3) The Ministry of the Interior will also cancel the location of the declared residence if the alien does not stay longer than 15 days at the place of the reported residence, based on information
(a) Police of the Czech Republic,
(b) the organisational components of the State or State enterprise in which the alien was staying; or
(c) the municipality where the stranger has a registered residence in the Czech Republic.
(4) The place of residence of the stranger after cancellation of the information on the place of the registered residence in the Czech Republic shall be the seat of the administrative authority which officially cancelled the data; in the alien information system, this information is indicated as the address of the Office.
(5) The provisions of Parts Two and Three of the Administrative Regulations shall not apply to the procedure referred to in paragraphs 1 to 3. ';
14. in Article 7 (1) to (3), the words "reimbursement of health services provided" shall be replaced by "public health insurance."
15. In Article 7, at the end of the text of paragraph 2, the words "; a person who has reached 18 years of age and has not reached 65 years of age shall be deemed to be resident on the territory of the Czech Republic after 150 days from the date of granting temporary protection for the purposes of public health insurance '.
16. In Article 7, the following paragraph 4 is added:
"(4) For the purposes of public health insurance, a person who has reached 18 years of age and is continuously preparing for a future occupation in the framework of studies in secondary and higher education institutions in Ukraine shall also be considered as an uninsured child. '
17. the following Section 7a is inserted after Section 7, including the title:
Departure from public health insurance
(1) A national of Ukraine who is an insured person under the Public Health Insurance Act (hereinafter referred to as the "insured person") and who has travelled to Ukraine may make a written declaration to the health insurance company in accordance with Article 8 (4) of the Public Health Insurance Act on the fact that he has left in connection with an armed conflict in the territory of Ukraine caused by the invasion of Russian troops. In that case, the insured person shall not be obliged to pay the premium from the date on which the statement was made, but not before 24 February 2022. The insured person shall not be entitled to the provision of paid services under the Public Health Insurance Act from the date stated in the declaration, but not before 24 February 2022, until the date on which he has re-applied to the health insurance company. At the same time as re-registration with a health insurance company, the insured person is obliged to provide proof of the duration of his stay in Ukraine. The adjustment of the continuous residence longer than 6 months and the presentation of the proof of foreign covered health insurance and its length contained in Section 8 (4) of the Public Health Insurance Act shall not apply.
(2) An insurer who is a national of Ukraine who, before 24 February 2022, has made a written declaration with a health insurance company pursuant to Article 8 (4) of the Public Health Insurance Act but, in the context of an armed conflict in the territory of Ukraine caused by the invasion of the Russian Federation's troops, returned before 6 months, is not obliged to pay the health insurance company's insurance premiums from the date on which the written declaration was delivered to the health insurance company until the date on which the insured has re-registered with the health insurance company, provided that he has not benefited from public health insurance services in the Czech Republic throughout his stay. '
18. in Paragraph 9 (2):
"(2) Paragraphs 1 to 7 and 8 shall expire on 31 March 2023. '
Amendment of the Act on Employment and Social Security Measures in the context of armed conflict in the territory of Ukraine caused by the invasion of Russian troops
Act No 66 / 2022 Coll., on measures in the field of employment and social security in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops, is amended as follows:
1. In Paragraph 6 (1), the words "staying on the territory of the Czech Republic 'shall be deleted and the words" at the end of the text of the paragraph shall be added'; this shall not apply if foreigners with temporary protection are provided free of charge with accommodation, meals and basic means of personal hygiene '.
2. In the first sentence of Article 6 (2), the words "staying on the territory of the Czech Republic 'shall be inserted after the words" staying on the territory of the Czech Republic' and the words "that is not the case if the temporary protection aliens are provided free of charge with accommodation, daily meals and basic personal hygiene means'.
3. In Article 6, the following paragraph 5 is added:
"(5) If an applicant for a benefit has been invited by the Regional Branch of the Labour Office to certify in person the facts relevant to the entitlement to the benefit, he shall comply with the call within 8 days of the date of receipt of the call, unless a longer period has been set by the Regional Branch of the Labour Office; If they do not do so within that period, the application for a benefit shall be rejected. ';
4. In Paragraph 8 (1), the first sentence is replaced by the following: "The provision of accommodation shall be considered free even if the person who is staying has paid the costs of gas and electricity to the extent that the gas and electricity are used."
5. In Article 8, the following paragraph 7 is inserted after paragraph 6:
"(7) In addition, where foreigners with temporary protection from the applicant for the allowance are granted the whole flat, the condition for entitlement to the allowance is that the flat was uninhabited in the calendar month immediately preceding the calendar month from which the entitlement to the allowance is claimed. For the purposes of this Act, an apartment which has served only short-term accommodation or has already been accommodated by foreigners with temporary protection is considered as an uninhabited apartment. This is demonstrated by the applicant for the contribution by a declaration of honour. ';
Paragraph 7 shall become paragraph 8.
6. In Article 8 (8) (a), the words "taking into account whether the person staying shares accommodation with the applicant for the allowance 'are inserted after the word" month'.
7. the following Section 8a is inserted after Section 8, including the title and footnote 3:
Common provision
The Regional Branch of the Labour Office and the Ministry of Labour and Social Affairs shall be entitled to obtain and process the data necessary for the decision on the benefit and contribution and their payment, including personal data, in electronic form, in a way that allows remote access while ensuring the protection of personal data. Legal and natural persons are required to provide the Ministry of Labour and Social Affairs with data from their information systems, if it is the data necessary to decide on benefits and contributions under this Act. All data on benefits and contributions under this Act are part of the Single Information System of Labour and Social Affairs (3).
3) § 4a of Act No. 73 / 2011 Coll., on the Labour Office of the Czech Republic and on the amendment of related laws, as amended. '
Transitional provision
Paragraph 8 (7) of Act No 66 / 2022 Coll., on measures in the field of employment and social security in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops, as effective from the date of entry into force of that Act, shall not apply to a contribution to which a claim was made before 1 July 2022.
Amendment to the Act on Education Measures in the context of Armed Conflict on the territory of Ukraine by Invasion of Russian Federation troops
In Act No. 67 / 2022 Coll., on measures in the field of education in connection with armed conflict in Ukraine caused by the invasion of Russian troops, the following Section 2a is inserted after Section 2, including the title:
Sleep school in case of cancellation of the location of the reported stay
In the case of a candidate for admission to pre-school or primary education, to whom the Ministry of the Interior, pursuant to Section 6a of the Act on certain measures relating to the armed conflict in the territory of Ukraine caused by the invasion of Russian Federation troops in the information system of foreigners, has abolished the indication of the place of registered residence in the territory of the Czech Republic, the school is not a parent or primary school according to the seat of the Ministry of Interior. The designation of a parent or primary school shall be governed by the place of residence declared under another law. ';
EFFECTIVE
This Act shall take effect on the day of its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
1) For example, the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, on the free movement of persons.
(2) Annexes V and VIII to the Agreement on the European Economic Area, as amended. '
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Regulation Information
| Citation | Act No 175 / 2022 Coll., on further measures relating to armed conflict in the territory of Ukraine caused by the invasion of Russian troops and amending other laws in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.06.2022 |
|---|---|
| Effective from | 27.06.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 221
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