Act No. 177 / 2023 Coll.
Act on the Financing of Defence of the Czech Republic and on the amendment of Act No. 218 / 2000 Coll., on Budgetary Rules and on the Amendment of Certain Related Laws (Budget Rules), as amended, (Act on the Financing of Defence)
Valid
Law
Effective from 01.07.2023
177
THE LAW
of 31 May 2023
on the financing of defence of the Czech Republic and amending Act No. 218 / 2000 Coll., on budgetary rules and on the amendment of certain related laws (budgetary rules), as amended, (Act on Financing of Defence)
Parliament has decided on this law of the Czech Republic:
FINANCING OF THE PROTECTION OF THE CZECH REPUBLIC
Financing of defence
(1) In the draft State Budget Act each year, the Government sets out expenditure on the financing of the defence of the Czech Republic (the "State Defence Expenditure") of at least 2% of the nominal gross domestic product for the financial year for which the draft State Budget is drawn up.
(2) The procedure referred to in paragraph 1 shall apply to the forecast of the nominal gross domestic product for the relevant financial year as set out in the budgetary strategy of the public institutions sector under the Act on the rules of budgetary responsibility.
(3) Paragraphs 1 and 2 shall apply mutatis mutandis to the establishment of the medium-term outlook of the State budget.
State defence expenditure
(1) Expenditure in defence of the State is expenditure
(a) the chapter of the State Budget of the Ministry of Defence; and
(b) the chapters of the State Budget not referred to in point (a), where they fall under the expenditure in kind planned to meet the needs of the armed forces of the Czech Republic, the Military Police, the Military Intelligence, the North Atlantic Treaty Organisation or its Member States in accordance with the applicable definition of State defence expenditure established in the framework of defence planning of the North Atlantic Treaty Organisation.
(2) State defence expenditure is a binding indicator of the relevant budget chapter.
Budgetary expenditure on State defence
(1) The Ministry of Defence proposes the amount of the State's defence and use expenditure under Section 2 in the processing of the draft State Budget Act.
(2) The administrator of the State Budget Chapter shall, for approval by the Ministry of Defence, submit to the Ministry of Defence a request for the inclusion of expenditure under Paragraph 2 (1) (b) in the draft State Budget Act no later than 36 months before the beginning of the financial year in which the required State Defence Expenditure is to be included in the draft State Budget Act. If there is an urgent request which could not be foreseen, the request may be submitted to the Ministry of Defence later, but not later than 12 months before the beginning of the year in which the required State defence expenditure is to be included in the draft State Budget Act.
(3) The Ministry of Defence shall assess the request referred to in paragraph 2 and, if it concludes that it is expenditure provided for in Paragraph 2 (1) (b) and that it meets the objectives of ensuring State defence at the time and according to the priorities set, it shall include it in the State defence expenditure.
(4) The Ministry of Finance, when preparing the draft State Budget for the period in which the requested State defence expenditure is to be effected pursuant to paragraph 3, determines, at the request of the Ministry of Defence, the State defence expenditure in accordance with the relevant chapter of the State Budget pursuant to Article 2 (1) (b).
Budgetary measures
During the financial year in which the requested State defence expenditure pursuant to Paragraph 3 (3) is to be effected, the Ministry of Finance may transfer expenditure from the State Budget Chapter of the Ministry of Defence to the relevant State Budget Chapter pursuant to Paragraph 2 (1) (b) by budgetary measures.
Strategic Army Project
(1) A strategic project of the Army of the Czech Republic (hereinafter referred to as the "Strategic Project of the Army") means a multi-annual project characterised by a set of material, time and financial conditions, which has a fundamental impact on the defence capacity of the Czech Republic and is consistent with strategic, conceptual and planning documents approved by the Government. The amount of expenditure for the implementation of the military strategic project shall be equal to the amount according to the budgetary rules for the expenditure individually assessed, which is intended to finance a specific action.
(2) The Ministry of Defence shall draw up a list of strategic projects of the army, including a plan for their implementation for a period of at least 3 years and an evaluation of the implementation of the plan for the implementation of the military strategic projects.
(3) The Ministry of Defence, after consulting the Ministry of Finance, shall submit a list of military strategic projects with the requirements referred to in paragraph 2 to the Government by 31 May of the calendar year. It shall be discussed by the Government and approved by 20 June of the same year, if necessary after adjustments.
(4) The Ministry of Defence, in processing the draft State Budget Act, provides, in the framework of State defence expenditure, for funds to ensure the ongoing financing of military strategic projects.
Transitional provisions
(1) The administrator of the State Budget Chapter shall submit to the Ministry of Defence the requirement to include State defence expenditure in the draft State Budget for 2026 by the deadline until the end of 2024.
(2) The strategic project of an army approved by the Government in 2023 before the date of entry into force of this Act or within time limits other than those laid down in Paragraph 5 (3) shall be considered as a strategic project of an army approved by the Government under this Act.
Amendment of the budgetary rules
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100, Act No. 100, Act No. 100, Act No. 100 / 2011, Act No. 2011, Act No. 100, No 2011, Act No. 2011, Act No. 2011, Act No. 2011 / 2011, Act No. 2011, No 2011, No 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011
1. In Article 3 (h), the words "and state undertakings' shall be added at the end of the text of point 16.
2. The following Section 3b is inserted after Section 3a:
State funds, state enterprises, state organisations Railway Administration, General health insurance company of the Czech Republic, department, business, branch and other health insurance companies and associations of health insurance companies proceed mutatis mutandis according to § 53 (7). If the reason for which the accounts under Section 53 (7) have been set up remains, the accounts shall be cancelled and the funds shall be transferred to an account held with the Czech National Bank by a subordinate Treasury. The third sentence of Paragraph 33 (8) shall not apply to state undertakings. '
3. In Paragraph 13 (4), the words "in agreement with the Ministry of Regional Development 'are deleted.
4. In Article 14f (2), the text "(c) 'is replaced by" (b)' and the words "or in the period from the date of non-compliance with the purpose of the subsidy 'are deleted.
5. In Article 24 (8), "paragraph 1, as referred to in paragraph 4 'is replaced by" paragraphs 1 and 4';
6. The following Section 35b is inserted after Section 35a:
Paragraphs 14 (1) and 14 (3) to (7) of the Act on the Property of the Czech Republic and its Act on Legal Relations do not apply to:
(a) the execution of financing operations in Czech and foreign currency and the negotiation of transactions in investment instruments, including derivatives to limit interest and currency risks or other risks;
(b) transfers between Treasury liquidity management and sovereign debt management accounts, including accounts set up in banks or foreign banks denominated in foreign currency and in foreign currency transactions for the purposes of treasury liquidity management and sovereign debt management;
(c) the deposit or investment of surplus funds in individual general government accounts or in the negotiation of short-term loans and loans to legal persons pursuant to Article 34 (3);
(d) the negotiation of the acceptance or granting of loans and loans pursuant to Article 35 (5); and
(e) the negotiation of the granting of loans and loans pursuant to Article 35a (4). "
7. At the end of paragraph 2, the sentence "The beneficiary of the subsidy who has infringed the budgetary discipline referred to in Paragraph 44 (1) (l) shall be added to the budget by means of a local tax office responsible for the breach of budgetary discipline."
8. in § 44a (4) (a):
"(a) in the case of a lower levy pursuant to Article 14 (5), a fixed amount or a fixed percentage amount equal to the provider's fixed amount or a fixed percentage, for each individual case; in the case of a lower levy pursuant to Article 14 (5), determined by the percentage margin, the amount fixed by the Financial Office based on the percentage range determined by the provider, taking into account the seriousness of the infringement and its impact on the purpose of the funds provided when determining the amount of the levy based on the percentage range; the tax office shall always be bound by a fixed amount, a fixed percentage and a percentage margin, and shall not deviate in any way from the penalties and figures specified; in the case of unauthorised use of funds transferred pursuant to Article 24a or Article 26 (2), the Financial Office shall apply mutatis mutandis, '.
9. in Article 47 (5) and Article 47 (6) (b), the words "or financial mechanisms" shall be inserted after the words "Union."
10. The following Section 47a is inserted after Section 47:
(1) Entitlements from unused expenditure on strategic projects of the Czech Army under the Act governing the financing of the defence of the Czech Republic can be used for these strategic projects also in other programmes pursuant to § 13 (3), before they were created.
(2) The provisions of Paragraph 47 (6) (c) shall not apply to entitlements from unused expenditure for strategic projects referred to in paragraph 1. ';
11. in Article 69, the following paragraph 7 is added:
"(7) For the period during which the staff member has acquired the right of subsistence under the legislation governing travel refunds on the relevant date, neither the provisions of paragraphs 1 to 5 nor the decree issued on the basis of the authorisation contained in paragraph 6 may be followed. '
Transitional provisions
(1) Paragraphs 12 (8) and 13 (1) to (6) of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules), as amended, shall apply mutatis mutandis to the individual expenditure of the State's organisational components or individual grants to legal and natural persons, which were so designated between 1 January 2001 and 31 December 2021.
(2) State-owned enterprises holding accounts with payment service providers shall set up new accounts with the Czech National Bank in place within 9 months of the date of entry into force of this Act, transfer funds from existing accounts with payment service providers and cancel such accounts. Until the transfer of funds to the Czech National Bank, these entities are required to inform the Ministry of Finance by the 10th day of each month of the number of accounts held with payment service providers on the last day of the preceding month and the average amount of money for them for the previous month.
EFFECTIVE
This Act shall take effect on 1 July 2023, with the exception of the provisions of Paragraph 2 (2), which shall take effect on 1 January 2024.
z. Kovářová v. r.
Pavel v. r.
Fiala v. r.
Contents
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 177 / 2023 Coll., on the Financing of Defence of the Czech Republic and amending Act No. 218 / 2000 Coll., on Budgetary Rules and on the Amendment of Certain Related Laws (Budgetary Rules), as amended, (Act on Financing of Defence) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.06.2023 |
|---|---|
| Effective from | 01.07.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 369
Public Contracts 2
Nákup; Veřejné zakázky na stavební práce a služby související; změna účtu u objednatele
Lesy České republiky, s.p.
PAS Natura s.r.o.
3 590 070 CZK
04.07.2024
Dodatek č. 1 k Veřejnoprávní smlouvě o poskytnutí dotace na realizaci části A IV. etapy protipovodňo...
Povodí Moravy, s.p.
Statutární město Olomouc
26.06.2024
Notifications
Source:
Hlídač státu
(CC BY 3.0 CZ)
The regulation text is for informational purposes only.
Comments 0