Act No. 178 / 2023 Coll.
Law amending certain defence laws
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Law
Effective from 23.07.2023
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23.07.2023
23.06.2023
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178
THE LAW
of 31 May 2023
amending certain defence laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the Establishment of Ministries and other Central Authorities of the Czech Republic
In Section 28 of Act No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Czech Republic, as amended by Act No. 575 / 1990 Coll., Act No. 219 / 2002 Coll. and Act No. 250 / 2014 Coll., the following paragraph 4 is added:
"(4) The Office of the Government of the Czech Republic establishes a post of National Security Advisor, which is the Secretary of the Security Council of the State. On a proposal from the Prime Minister, the National Security Advisor shall appoint and dismiss the Government. National Security Advisor is involved in the coordination of the activities of state authorities in the field of security and defence assurance of the Czech Republic and, on the basis of a government decision, represents the Czech Republic in negotiations with foreign states and international organisations in matters relating to the security and defence of the Czech Republic, including obligations arising from the membership of the Czech Republic in international organisations or institutions. National Security Advisers are paid and paid as head of the Office of the Government of the Czech Republic. The National Security Advisor shall be responsible for the performance of his duties as Prime Minister and, to the extent provided by the Government, shall be entitled to give orders to a civil servant classified in the Government of the Czech Republic under the Civil Service Act."
Amendment of the Act on the Armed Forces of the Czech Republic
Act No. 219 / 1999 Coll., on the armed forces of the Czech Republic, as amended by Act No. 352 / 2001 Coll., Act No. 320 / 2002 Coll., Act No. 253 / 2005 Coll., Act No. 413 / 2005 Coll., Act No. 546 / 2005 Coll., Act No. 274 / 2008 Coll., Act No. 41 / 2009 Coll., Act No. 147 / 2010 Coll., Act No. 375 / 2011 Coll., Act No. 253 / 2012 Coll., Act No. 250 / 2014 Coll., Act No. 46 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 250 / 2021 Coll., Act No. 432 / 2022 Coll., is amended as follows:
1. In Article 2 (9) of the Introductory Part of the provision, the words "military railway vehicles' shall be inserted after the words" vehicles of the armed forces'.
2. in Article 2 (9), the following point (b) is inserted after point (a), including footnote 26:
"(b) military railway vehicles are powered and towed railway vehicles intended to perform the tasks of the armed forces, the holders of which are the Czech Republic;
26) Paragraph 2 (18) of Act No. 266 / 1994 Coll., on Railways, as amended. '
Points (b) and (c) shall be renumbered (c) and (d).
3. In Article 2, paragraphs 15 to 17 are added, including footnote 27:
"(15) Military transport means the transport and transport of persons or persons in kind carried out for the purpose of carrying out the tasks of the armed forces provided by the military by military technology or contractually secured means.
(16) A military train is a train composed of military railway vehicles or railway transport operators' railway vehicles (27) designed to ensure military transport; an exceptional military train is a military train introduced in the general interest to ensure military transport of exceptional importance.
(17) Security means the security or defence of military objects, other objects relevant to the defence of the State or military material by a member of the armed forces.
27) Article 2 (4) of Act No. 266 / 1994 Coll., as amended. '
4. in Article 14 (1) (g):
"(g) to ensure military transport,"
5. Paragraph 22, including the title and footnote 28, reads as follows:
Security of military passenger transport
(1) The army ensures the military transport of soldiers in active duty, soldiers of the armed forces of other States, civil servants of the armed forces, civil servants of the armed forces, civil servants of the Ministry and its subordinate administrative offices, or employees of legal persons established or based by the Ministry, their family members, civilian personnel of the armed forces of other States and persons treated under special legislation28), armed forces, military trains, military vessels or military transport aircraft.
(2) The military can provide military transport to other persons, if they carry out tasks for the benefit of the armed forces or in cooperation with the armed forces, on the basis of the consent of the Minister.
(3) When providing military transport pursuant to paragraph 1, the army may also provide transport for members of the security corps of the Czech Republic, civil servants and employees of other central government bodies and civil servants and employees of their subordinate organisational units.
28) Act No. 221 / 1999 Coll., as amended. '
6. the following Section 22b is inserted after Section 22a, including the title and footnote 29:
Military transport by exceptional military train
(1) The need for an extraordinary military train is decided by the Chief of Staff.
(2) On the basis of the decision referred to in paragraph 1, the military shall contractually ensure the introduction of an extraordinary military train.
(3) The introduction of an extraordinary military train is considered to be an exceptional situation under special legislature29).
29) § 33 (3) (f) of Act No. 266 / 1994 Coll. '.
7. In Section 24, the word "service 'is replaced by" military'.
8. in Article 24a (1) (g), "Republic and material" is replaced by "Republic, persons and material."
9. In Article 24a (2), the words "the Minister of Finance, the Minister of Justice," shall be inserted after the words "the request."
10.Paragraph 29 (2) reads as follows:
"(2) The training of soldiers shall take place in military buildings, military outages, military departments, military facilities, military schools and on land, premises or buildings with which the contributory organisation or state enterprise with which the Ministry is the founder or founder is responsible. Outside these premises, training may take place only in exceptional cases where this is necessary to carry out the tasks of the armed forces. ';
11. in Article 31 (6), the words "the sign and the sign of the Castle Guard" are replaced by the words "the sign, the sign of the Castle Guard and the Military Office of the President of the Republic."
12. in Article 35 (a):
"(a) a military aircraft which is intended to carry out tasks in the defence of the State; a military aircraft is also a military unmanned aircraft designed to operate without a pilot on board and intended to carry out State defence tasks, ';
13. in Paragraph 35b (1):
"(1) A military aircraft the type of which has been approved or recognised in accordance with § 35e shall be registered in the military aviation register of the Czech Republic (hereinafter referred to as the" Military Aviation Register "), which shall be maintained by the Ministry."
14. In Paragraph 40 (4), the word "competence 'shall be inserted after the word" licence'.
15. in § 42 (1) of the introductory part of the provision, the text "§ 42a (2)" is replaced by "§ 42a (2) and (3)."
16. in Article 42 (1), the following point (d) is inserted after point (c):
"(d) to prevent unmanned aircraft from flying over an area defined for reasons of security or State defence by a general measure pursuant to Section 44e of the Civil Aviation Act, where it is reasonable to suspect that the unmanned aircraft flight infringes the rule of use of the airspace of the Czech Republic by a general measure of a general nature,"
Point (d) shall be renumbered as point (e).
17. in Paragraph 42a, the following paragraph 3 is inserted after paragraph 2:
"(3) Special means of preventing unmanned aircraft flight are those which enable the task to be performed without the use of military equipment and the use of which complies with international law. These are, in particular, signal jammers, network shooters and routed energy devices. ';
Paragraph 3 shall become paragraph 4.
18. In Paragraph 44, the following paragraph 6 is added:
"(6) The Ministry uses data from information systems of public administration, registers and registers and personal data held with relevant ministries, other administrative offices and local authorities, organisational elements of the state and legal and natural persons under other legislation to maintain military records under this Act. '
Amendment of the Act on the Protection of the Czech Republic
Act No. 222 / 1999 Coll., on securing the defence of the Czech Republic, as amended by Act No. 320 / 2002 Coll., Act No. 436 / 2004 Coll., Act No. 413 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 186 / 2006 Coll., Act No. 306 / 2008 Coll., Act No. 281 / 2009 Coll., Act No. 73 / 2011 Coll., Act No. 375 / 2011 Coll., Act No. 15 / 2015 Coll., Act No. 47 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 261 / 2021 Coll., and Act No. 284 / 2021 Coll., is amended as follows:
1. in Article 6 (1) (b), the words "the Ministry uses data from registers and records and personal data held with the competent ministries, other administrative offices and local authorities under specific legislation;" shall be deleted;
2. In Article 6, the following paragraph 4 is added:
"(4) The Ministry shall use, for the purposes of carrying out the tasks referred to in paragraph 1, information systems of public administration, registers and registers and personal data held with the relevant ministries, other administrative offices and local authorities, organisational elements of the State and legal and natural persons under other legislation. ';
3. in Articles 33 (1) (g) and 33 (2), the words "security and" shall be deleted;
4.
Protection zones
(1) In order to protect an object important for the defence of the State against negative effects of the surrounding area or to protect the surrounding area against negative effects of an object important for the defence of the State, the Ministry may, after prior consultation with the competent local planning authority, establish a protection zone. The protection zone shall be determined by the Ministry by measures of a general nature without a procedure for its proposal.
(2) A measure of a general nature takes effect on the day following its publication on the official plate of the Ministry. Measures of a general nature shall also be published on official boards of municipal authorities in municipalities whose administrative districts are affected by measures of a general nature.
(3) By measure of a general nature, the Ministry shall lay down the boundaries of the protection zone and shall prohibit or restrict certain activities in the protection zone for the purpose of securing, protecting against the effects of external influences, unforeseen situations, accidents or disturbances, ensuring its reliable operation and protecting the life, health of persons or property.
(4) The Ministry may authorise a time-limited derogation from general measures on the establishment of a protection zone in order to carry out one or more of the activities referred to in paragraph 1, provided that such activities do not conflict with the protection referred to in paragraph 1.
(5) Each person shall be obliged to endure the restrictions resulting from the protection zone.
(6) In addition, each person shall, without refund, bear the marks of the protection zone on his property; no other marking shall be affixed near the marking. The marking shall not be damaged, moved, removed or hidden. ';
5. The following Section 44a is inserted after Section 44:
Compensation for damage
(1) The owner of the land or building whose rights have been restricted by the establishment of the protection zone and thereby caused damage is entitled to compensation.
(2) The compensation referred to in paragraph 1 shall be granted by the Ministry.
(3) The refund is granted in cash. The place of cash compensation may, by agreement, be provided to a person with another land or construction; the right to compensate for the difference between the amount of the cash compensation and the value of the replacement parcel or construction is not affected. ';
6. In Article 64 (1), at the end of point (b), the word "or 'is deleted; at the end of point (c), the dot is replaced by a comma and the following points (d) and (e) are added:
"(d) infringes a prohibition or restriction contrary to a measure of a general nature pursuant to Article 44 (3); or
(e) destroy, damage, cover or improperly relocate or remove the designation of the protection zone. "
7. in Article 66 (c) and (d):
"(c) 100 000 CZK, if it is an offence pursuant to § 64 (1) (c) and (d) and § 64 (3) and (7),
(d) 50 000 CZK, if it is an offence pursuant to § 64 (1) (a) and (e), § 64 (2), (4) and (6) and § 65 (1) (b) and (c). "
8. In Paragraph 67 (1), the word "or 'shall be deleted at the end of point (f).
9. In Article 67 (1), the following points (g) and (h) are inserted after point (f):
"(g) infringes a prohibition or restriction contrary to a measure of a general nature pursuant to Article 44 (3);
(h) destroy, damage, cover or improperly relocate or remove the designation of the protection zone; or ';
Point (g) shall be renumbered as point (i).
10. § 68 reads:
A penalty may be imposed in respect of an offence:
(a) 1 000 000 CZK, if it is an offence pursuant to Paragraph 67 (1) (i),
(b) 500 000 CZK, if it is an offence pursuant to § 67 (1) (a) and (c) and § 67 (2),
(c) 100 000 CZK, if it is an offence pursuant to § 67 (1) (f) and (g) and § 67 (3) to (5),
(d) 50 000 CZK, if it is an offence pursuant to § 67 (1) (b), (d), (e) and (h). "
Transitional provision
The safety zones established by the Ministry pursuant to Act No. 222 / 1999 Coll., on securing the defence of the Czech Republic, as effective before the date of entry into force of this Act, shall be considered as protection zones under this Act as effective from the date of entry into force of this Act until their redefinition in accordance with the procedure laid down in Section 44 (3).
Amendment of the Defence Act
Act No. 585 / 2004 Coll., on the Defence Obligations and Its Assurance (Defense Act), as amended by Act No. 112 / 2006 Coll., Act No. 318 / 2006 Coll., Act No. 227 / 2009 Coll., Act No. 375 / 2011 Coll., Act No. 320 / 2015 Coll., Act No. 47 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 294 / 2017 Coll. and Act No. 261 / 2021 Coll., is amended as follows:
1. In Article 2, the following paragraph 3 is added:
"(3) The Regional Military Command shall communicate to the citizen who has acquired a military obligation details of the content of the military obligation and the possibility and manner of voluntary taking over of its duties. ';
2. In Paragraph 3 (1), the last sentence is deleted.
3. In Article 3 (2), the words "pursuant to Article 4 (3) mutatis mutandis' shall be inserted after the words" issued ';
4. In Paragraph 4 (1), the last sentence is deleted.
5. In Article 5 (1), the last sentence is deleted.
6. In Article 5 (3), "3 'is replaced by" 5'.
7. In Article 5, at the end of paragraph 3, the sentence "The decision shall be given within 180 days of the date of receipt of the request referred to in paragraph 1. 'shall be added.
8. In Paragraph 5a (1), the last sentence is deleted.
9. In Paragraph 5a (2), the text "§ 12 (6) 'is replaced by" § 12 (5)'.
10. After Paragraph 5a, the following Section 5b is inserted:
Presiding to supplement the armed forces
(1) A citizen outside a state of danger or outside a state of war may voluntarily take over the performance of a military obligation if he requests a pre-designation for replenishment of the armed forces, not earlier than the date on which he reaches the age of 18, following a written request from the competent Regional Military Command.
(2) The conditions for the pre-designation of a citizen in the context of the voluntary taking over of a military obligation are his medical fitness and the need for armed forces. When deciding on the ability of a citizen to carry out an active military service, the provisions of Paragraph 4 (3) shall be treated mutatis mutandis.
(3) A soldier in reserve meeting the conditions laid down in paragraphs 2 and 5a (3) may be appointed for a maximum period of five years.
(4) The decision of the Regional Military Command to pre-designate a soldier in reserve, other than the general requirements of the Administrative Regulations, contains:
(a) established military expertise; and
(b) the period for which it is intended.
(5) The pre-designation period may be extended by five years at the request of a soldier by the Regional Military Command; the application may be repeated.
(6) A soldier in advance, as determined in accordance with paragraph 4, is obliged to carry out military exercises under the conditions laid down in Paragraph 12 (6). "
11. in Article 6 (2), the words "the birth number" shall be replaced by the words "the date of birth" and the words "and the address for service under the administrative order" shall be deleted;
12. in Article 7, at the end of point (d), the word "or" shall be deleted;
13. At the end of § 7, the dot is replaced by "or 'and the following point (f) is added:
"(f) the day on which the citizen reached the age of 60."
14. in Article 12 (2) (c), the words "preparing citizens to defend the State" shall be inserted after the words "action to"; and at the end of the letter the word "or" shall be deleted.
15. in Article 12 (2), the following point (d) is inserted after point (c):
"(d) military training to prepare for operational deployment, or";
Point (d) shall be renumbered as point (e).
16. in Article 12 (3) and (4):
"(3) An active reserve soldier shall carry out regular military exercises of a total duration of up to 12 weeks in a calendar year, taking into account its planned classification, training and training levels.
(4) An active reserve soldier exercises military training to prepare for operational deployment of a total duration of up to 12 weeks. '
17. in Article 12, paragraph 5 is deleted;
Paragraph 6 shall become paragraph 5.
18. In Article 12, paragraphs 6 to 8 are added:
"(6) The reserve soldier shall perform a military exercise on the basis of an exceptional government measure on the occupation of reserve soldiers pursuant to § 5b on the military exercise declared in the Collection of Laws. On the basis of an assessment of the risk of a state which may cause armed conflict, the Government shall, in an emergency measure, require a designated soldier in reserve on the basis of a call for assistance, according to the needs of the armed forces, to undertake military exercises of a total duration of 12 weeks. If, during the exercise of military training, the period of pre-designation of a soldier pursuant to § 5b has elapsed, the designated soldier shall complete the exercise of the military exercise of the length to which he has been called.
(7) The Chamber of Deputies may abolish the government's extraordinary measure within 30 days of its publication in the Collection of Laws. Prior to the expiry of this period, a soldier may not be called in for military training. The decision of the Chamber of Deputies to abolish the government's extraordinary measure will be declared in the Collection of Laws.
(8) Military exercises on the basis of exceptional government measures may be carried out no later than 13 months after the publication of this extraordinary measure in the Collection of Laws. If that period has elapsed during the exercise of military training, a predetermined soldier shall be released from his exercise on that day. ';
19. in Article 12a (1) of the introductory part of the provision, "7" is replaced by "9."
20. In Article 12a (2), the words "which is not an active soldier" shall be inserted after the words "in advance."
21. In Paragraph 13 (1), the sentences of the second and third paragraphs shall be replaced by the sentence "The order for application shall be served in accordance with the procedure laid down in the administrative order."
22. In Paragraph 13, the following paragraph 2 is inserted after paragraph 1:
"(2) An order shall be delivered to the soldier in reserve at least 30 days before the date of entry into service of the military training or operational deployment. In the event of an occupation in an operational capacity in crisis situations outside a state of danger or outside a state of war, or where the tasks of the armed forces need to be performed in other serious situations threatening the security of the Czech Republic, the time limit for the service of a call order under the first sentence may be reduced to 3 days."
Paragraphs 2 to 5 shall be renumbered paragraphs 3 to 6.
23. In Article 13 (3), the words "for a designated military service at the time specified in the call order 'are replaced by the words" according to the requirements and data laid down in the call order, which are in particular the place and time of entry into service of the military service, the number and address of the military service or military installation (hereinafter referred to as the "military service') ';
24. in Article 13 (3), the words "a military doctor" shall be replaced by the words "a doctor of a military health service provider";
25. In Paragraph 13 (3), the second sentence shall be replaced by the following: "In the case of the profession of a soldier in active reserve for the exercise of a military exercise under Article 12 (2) (c), medical examination may be replaced by a written declaration from the soldier in active reserve, with the consent of the medical practitioner of the medical services."
26. in Paragraph 13 (4), the words "to a designated military service" shall be replaced by the words "to a designated place."
27. in Paragraph 13 (5), the words "in the military department" shall be replaced by the words "in the designated place."
28. in Paragraph 14 (1) (b), the words "a military doctor" shall be replaced by the words "a doctor of a military health service provider."
29. in Paragraph 14 (3), the words "a military doctor" are replaced by the words "a doctor of a military health service provider."
30. Paragraph 15 (3) reads:
"(3) A soldier in reserve is required to arrive at a specified location at the time specified in the call order. Paragraph 13 (1) shall apply mutatis mutandis to service a call order. If the reserve soldier has not received the call order, he shall be obliged to arrive at the designated location at the time specified in the mobilization order. A soldier in reserve who has not been called upon to perform it may volunteer for special service with the relevant Regional Military Command. '
31. in Article 15 (4), the words "mutatis mutandis, Paragraph 13 (2)" shall be replaced by the words "paragraph 13 (3), mutatis mutandis."
32. in Article 17 (2) (a), the words "the organisational units of the State and the contribution organisations of which the Ministry of the Interior or the Ministry of Justice is the founder or the body of the Ministry of Interior or the Ministry of Justice" shall be replaced by the words "the organisational units of the State and the contribution organisations which are established or established or are engaged in the establishment functions of the Ministry of Interior or the Ministry of Justice."
33. In Article 19 (1), the words "basic information on a citizen 'are replaced by the words" information on a citizen which could not be obtained in accordance with the procedure laid down in Article 31 (8)'.
34. in Paragraph 25 (1), the words' Members of the European Parliament 'shall be inserted after the words' Parliament ';
35. In Paragraph 25, the following paragraph 3 is inserted after paragraph 2:
"(3) An officer under the municipal police law shall not be called for an administrative or exceptional service for the duration of his employment with the municipality to which he is in a primary employment relationship; This shall not apply if it is placed in an active reserve. ';
Paragraph 3 shall become paragraph 4.
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Regulation Information
| Citation | Act No. 178 / 2023 Coll., amending certain laws in the field of defence |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.06.2023 |
|---|---|
| Effective from | 23.07.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 368
The regulation text is for informational purposes only.
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