Act No. 181 / 2007 Coll.
Act on the Institute for the Study of Totalitarian Regime and on the Archive of Security Services and on the amendment of certain laws
Valid
Law
Effective from 01.08.2007
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
HLAVA II
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
HLAVA III
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
HLAVA IV
§ 18
§ 19
HLAVA V
§ 20
§ 21
ČÁST DRUHÁ
§ 22
§ 23
ČÁST TŘETÍ
§ 24
ČÁST ČTVRTÁ
§ 25
„HLAVA OSMÁ
§ 27c
§ 27d
§ 27e
ČÁST PÁTÁ
§ 26
ČÁST ŠESTÁ
§ 27
ČÁST SEDMÁ
§ 28
ČÁST OSMÁ
§ 29
ČÁST DEVÁTÁ
§ 30
ČÁST DESÁTÁ
§ 31
ČÁST JEDENÁCTÁ
§ 32
ČÁST DVANÁCTÁ
§ 33
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181
THE LAW
of 8 June 2007
on the Institute for the Study of Totalitarian Procedures and the Archive of Security Services and on the amendment of certain laws
PREAMBLE
Whoever doesn't know his past is doomed to repeat it.
Parliament of the Czech Republic, aware of the obligation to deal with the consequences of totalitarian and authoritarian regimes of the 20th century, expresses the will to examine and recall the consequences of the activities of criminal organisations based on communist and Nazi ideology, which in 1938-1945 and 1948-1989 promoted the suppression of human rights and rejected the principles of a democratic state.
The recognition of historical sources and other testimonies about these regimes and the events leading them makes it possible to better understand the consequences of the systematic destruction of the traditional values of European civilisation, the conscious violation of human rights and freedoms, the moral and economic decline accompanied by judicial crimes and terror against the holders of different views, the replacement of a functioning market economy by direct management, the destruction of traditional principles of property law, the abuse of education, science and culture for political and ideological purposes and the reckless destruction of nature. The education of citizens on these topics contributes to the consolidation of democratic traditions and the development of civil society, while helping to fulfil the ideals of justice, describing crimes and naming their organisers and executors.
Parliament of the Czech Republic conscious
- the preservation of memory of the huge number of victims, losses and damage suffered by the Czech people and other peoples in the Czech Republic during totalitarian dictatorship times,
- the patriotic traditions of social resistance to occupation and manifestations of totalitarianism, which have been a manifestation of citizens in the fight for freedom and democracy, in the defence of human rights and human dignity,
- obligations to prosecute crimes against peace, humanity and war crimes,
- the obligation of the State to give effect to those who have been harmed by the State which has violated human rights, international law and its own laws, and
- the obligation of the State to make the classified activities of security bodies of totalitarian and authoritarian regimes available to the maximum extent
as an expression of his belief that no unlawful act of totalitarian or authoritarian regime against citizens can be protected by secrecy or forgotten, he has acted in this law:
CONSTITUTION FOR THE STUDY OF TOTALITY SCHEMES AND ARCHIVES OF SAFETY INGREDIENTS
INTRODUCTORY PROVISIONS
This Act provides for the establishment and operation of the Institute for the Study of Totalitarian Procedures (hereinafter referred to as "the Institute ') and the Archive of Security Services (hereinafter referred to as" the Archive'), the staff requirements of the Institute and the Archive and the conditions for the transmission of documents from the period of Communist totalitarian power to the Archive.
For the purposes of this Act:
(a) the period from 30 September 1938 to 4 May 19451),
(b) the period of communist totalitarian power of the Czechoslovak history section from 25 February 1948 to 29 December 1989 and the period preceding this time period in which the preparations for totalitarian power grab took place by the Communist Party of Czechoslovakia;
(c) the security component of the Federal Ministry of the Interior, the Ministry of the Interior of the Czech Socialist Republic, with the exception of services engaged exclusively in civil-administrative activities, the Department of National Security, the departments performing the functions of state archives, the Department of Correctional Education, the Border Guard, the army of the Ministry of Interior, the Intelligence Administration of the General Staff of the Czechoslovak People's Army, the Department of Internal Protection of the Ministry of Correctional Education of the Czech Socialist Republic and their predecessors during the period of communist totalitarian power.
CONSTITUTION FOR THE STUDY OF TOTALITY SCHEME
(1) The Institute with its seat in Prague is established.
(2) The Institute is an organisational body of a State whose activities can only be affected by law.
(3) The Institute is an entity. The activities of the Constitution shall be covered by a separate chapter of the State budget.
Institute
(a) examines and impartially assesses the period of infreedom and the period of communist totalitarian power, examines the anti-democratic and criminal activities of the authorities of the State, in particular its security forces, and the criminal activities of the Communist Party of Czechoslovakia, as well as other organisations based on its ideology;
(b) analyse the causes and manner of the liquidation of the democratic regime during the period of communist totalitarian power, documenting the participation of domestic and foreign persons in support of and opposition to the Communist regime;
(c) obtains and makes available to the public documents indicating a period of unfreedom and a period of communist totalitarian power, in particular the activities of security forces and forms of persecution and resistance;
(d) transfer the documents taken over into electronic form without undue delay;
(e) documenting Nazi and communist crimes,
(f) provide the public with the results of its activities, in particular the publication of information on the period of non-freedom, the period of communist totalitarian power, the actions and fate of individuals, the publication and dissemination of publications, the organisation of exhibitions, seminars, conferences and discussions,
(g) cooperate with scientific, cultural, educational and other institutions with a view to exchanging information and experience in professional matters;
(h) cooperate with foreign institutions or persons with a similar focus.
(1) The Institute is entitled to process personal data to the extent necessary for the performance of the tasks of the Institute.
(2) The State authorities, the State's organisational bodies, the authorities of the local authorities, the state contribution organisations and the local authorities' contribution organisations, as well as the archives they manage, which hold documents and archives from the period of non-freedom and the period of communist totalitarian power relating to the tasks of the Constitution, are required to provide the Constitution with the necessary synergies without undue delay. The Institute shall be entitled to make copies of the documents and archives at its own expense.
The institutions of the Institute are the Council of the Institute (hereinafter referred to as the Council) and the Director of the Institute (hereinafter referred to as the Director).
(1) The highest body of the Constitution is the Council, which consists of seven members elected and withdrawn by the Senate of the Parliament of the Czech Republic (Senate).
(2) Proposals for candidates for members of the Council are submitted to the Senate by the Chamber of Deputies, the President of the Republic and civil associations or other legal persons whose activities are the examination of history, archiving, education, education or protection of human rights, or by civil associations bringing together members of the resistance against Nazism or resistance or resistance to communism or former political prisoners (hereinafter referred to as "the association").
(3) Of the candidates proposed, the Senate will elect two members of the Council from those proposed by the Chamber of Deputies, one member of the Council from those proposed by the President of the Republic and four members of the Council from those proposed by the associations.
(4) The members of the Council are elected for a term of office of 5 years. No one can be elected more than twice in a row.
(5) A member of the Council may be elected a natural person who is capable of legal action and is reliable and fair.
(6) The function of President of the Czech Republic, Member, Senator, Member of Government, Judge, Prosecutor, Member of the Supreme Audit Office and member of the Banking Board of the Czech National Bank is incompatible with the function of member of the Council. Membership in the Council is incompatible with membership in a political party or political movement.
(7) Membership of the Council expires
(a) the expiry of the term of office of a member of the Council;
(b) the day following the date of service of the written declaration by a member of the Council giving up his office to the President of the Senate;
(c) death of a member of the Council;
(d) on the date on which the decision depriving a member of the Council of his or her legal capacity or of his or her legal capacity is acquired;
(e) the date of the acquisition of legal power of the judgment by which a member of the Council has been sentenced for an intentional offence;
(f) the day following the date of adoption of the Senate resolution on the withdrawal of a member of the Council.
(8) The Senate shall withdraw a member of the Council,
(a) which no longer fulfils the condition of incompatibility of the function;
(b) if it has been made clear that the statement of honour of a member of the Council on its reliability has been false.
(9) The Senate may revoke a member of the Council if he has not performed his duties for more than six months.
The Council shall elect a Chairperson and a Vice-Chair from among its members and remove them from office. The deliberations of the Council shall be convened and chaired by its President and, in his absence, its Vice-President. The Council resolution requires the consent of an absolute majority of its members. The Council shall adopt rules of procedure laying down detailed rules for its action.
(1) The Council is responsible for:
(a) establish methods for fulfilling the tasks of the Institute;
(b) appoint and dismiss the Director and supervise his activities;
(c) approve the rules of organisation of the Institute and other internal rules of the Institute;
(d) approve the annual activity plan of the Institute;
(e) establish the Scientific Council as an expert advisory body of the Director of Research Activities of the Institute and appoint its members and approve its Rules of Procedure on a proposal from the Director;
(f) approve the supporting documents for the draft budget and final account of the Institute;
(g) approve the annual activity report of the Institute and submit it to the Senate for consideration;
(h) to decide on an appeal against a decision of the Constitution;
(i) monitor and evaluate the security of access to documents and archives stored in the Archive and submit the results once a year to the Senate.
(2) The Council is authorised to request diplomatic support from the Government in exceptional cases in order to obtain access to relevant documents held in the archives of foreign States concerning the focus of the Constitution.
Membership of the Council is a public function (2). Members of the Council shall be remunerated in accordance with special legislation3).
(1) The Institute is headed by the Director. The Director shall:
(a) ensure the processing of supporting documents for all matters falling within the competence of the Council, submit these matters for discussion and decision to the Council and implement the Council's decision;
(b) to participate in Council deliberations; is entitled to ask the President of the Council to convene a meeting with the draft agenda,
(c) appoint and revoke the Director of the Archive after consulting the Council.
(2) A prerequisite for the performance of the duties of Director is his reliability, integrity and completed university education in the Master's study programme.
ARCHIV SAFETY INGREDIENTS
(1) An Archive with its seat in Prague is established.
(2) The archive is an administrative office directly managed by the Institute.
(3) The Archive shall be headed by the Director of the Archive, who shall be appointed and withdrawn by the Director after consulting the Council; its selection, appointment and appeal are governed by the Civil Service Act. The Director shall be considered to be a service authority of the Director of the Archive and shall be entitled to give the Director of the Archive orders for the performance of the State Service under the Civil Service Act.
(4) A prerequisite for the performance of the Director of the Archive is its reliability, integrity and completed university education in a master's study programme of archival or historical direction or in the relevant special field.
(5) The Archive is an entity and is part of the budget chapter of the Institute.
(1) Archive
(a) make available and publish documents and archives relating to security forces under the Act on the making available of volumes arising from former State security activities and under the Act on archiving and file services;
(b) ensure access to documents and archives belonging to his or her custody and provide the necessary assistance and information to the public authorities responsible for security proceedings, or investigations under the Act on the Protection of classified information, the intelligence services of the Czech Republic for the performance of their duties and for criminal proceedings;
(c) checks the performance of the file service at the Institute;
(d) carry out the selection of archives in the shredder's proceedings at the Institute and at the holders of documents arising from the activities of security forces during the period of communist totalitarian power as regards those documents;
(e) carry out a selection of archives other than the shredding procedure for documents offered by the Institute or the Archive by gift or for purchase;
(f) decide on objections to the protocol submitted by the originator or owner of the document with which he carries out the selection of archives;
(g) decide on the submission of a researcher who has not been allowed to consult archives or to obtain extracts, copies, copies of archives in analogue form or replica of archives in digital form belonging to his care;
h) imposes sanctions for administrative misconduct by archival depositors in the Archive under the Archival and File Service Act;
(i) seek documents for the needs of the administrative authorities and other organisational bodies of the State, the authorities of the local authorities, legal and natural persons, and copies, copies or replicas thereof, in the archives of his or her custody;
j) allows, under the conditions laid down in the Charter Act and the File Service, access to the archives belonging to its custody;
(k) keep appropriate records of archives;
(l) perform the tasks arising from international agreements in the archiving sector.
(2) Archive on archival care
(a) ensure archival of security forces from the period of communist totalitarian power, archives and documents taken from entities which managed them before the date of transmission of the Archive pursuant to Article 14 (1), archives and documents obtained by gift or purchase, and documents and archives arising from their own activities;
b) accepts for the Czech Republic offers for purchase, donation and storage of archives and concludes for the Czech Republic relevant contracts;
(c) carry out an examination of the physical state of archival cultural monuments and national cultural monuments, if they are entrusted to him in the care of;
(d) carry out an inventory of archives published by the Ministry of the Interior;
(e) cooperate with other archives and develop contacts with scientific, cultural, educational and other institutions in order to exchange experience in professional matters, scientific research and cultural, economic and land-based use of archives;
(f) carry out scientific and research activities in archiving, auxiliary sciences of historical and related sciences;
(g) establish a specialised library for archiving and file service;
h) perform publishing and publishing activities in the field of archiving and the performance of the file service, the history of administration, the auxiliary sciences of history and history;
(i) ensure the preservation and restoration of archives in cooperation with the National Archive;
j) participate in the compilation of national thematic inventories of archives organised by the Ministry of Interior.
(3) The archive is entitled to process personal data to the extent necessary for the performance of its tasks.
(1) The Ministry of Interior, the Ministry of Defence, including Military Intelligence, the Ministry of Justice, the Security Information Service and the Office of Foreign Relations and Information shall transmit to the Archive, on the first day of the seventh calendar month following the date of the publication of this Act, the registration and registration aids, archive funds, including agency, operational, investigation and cadre bundles or files, archival collections and documents arising from the activities of the security forces and of the Communist Party of Czechoslovakia and the National Front organisations operating in those branches during the period from 4 April 1945 to 15 February 1990, held by them. The Ministry of the Interior shall also transmit archivaly generated after 1 January 1990 concerning activities related to the management of the archives of the security forces.
(2) Paragraph 1 shall not apply to documents and archives arising from the activities of security forces which contain classified information and are essential for the performance of its tasks by the authority referred to in paragraph 1. The documents and archives referred to in the first sentence shall be transmitted by the authority referred to in paragraph 1 to the Archive immediately after the level of security has been lifted.
(3) The archives referred to in paragraph 1 must be registered in the National Archives Register no later than five years after the date of application of this Act.
The archive may refuse access to archives and the provision of copies, copies and extracts thereof, for which the classification level has been deleted, provided that they contain information still relevant to the protection of the constitutional establishment, important economic interests, security and defence of the Czech Republic. The Director of the Archive shall decide on the appeal against the refusal decision
(1) The Archives shall, upon request by the Council, submit reports to it and provide explanations to enable it to monitor and evaluate the security of access to documents and archival and access to archives stored in the Archive. The Council is entitled to acquaint itself with cases of refusal of access to archives by the Archive pursuant to Section 15; the Archive is obliged to provide the Council with the necessary synergies.
(2) A member of the Council is obliged to maintain confidentiality regarding information forming the content of the archive for which the Archive refused to consult, even after membership of the Council has ceased. The Council shall decide on the confidentiality of a member of the Council in such cases.
On January 1, 2030, the Archive becomes part of the National Archive.
COMMON PROVISIONS
Only a reliable and fair person can become the head of the Institute directly to the Director and Head of the Archive directly to the Director of the Archive. Other staff of the Institute and the Archive are required to comply with the conditions for the performance of office in the State Authorities under the Act on certain other conditions for the performance of duties in the State Authorities (4).
Reliability and integrity
(1) For the purposes of this Act, those who were not
(a) a member or candidate of the Communist Party of Czechoslovakia or the Communist Party of Slovakia,
(b) graduate from the universities of political, security and military and training similar directions in the States Parties to the Warsaw Treaty (5);
(c) a member or an employee of the security forces or a registered co-worker of the security forces, with the exception of essential or alternative military active service;
(d) a national or co-worker of the foreign intelligence service of a State which was a Contracting Party to the Warsaw Treaties (5).
(2) For the purposes of this law, it is not possible to consider a person who has been convicted of an intentional offence, unless his conviction has been exterminated or is looked upon for any other reason, as if he had not been convicted.
(3) The facts justifying the reliability referred to in paragraph 1 (a), (b) and (d) shall be supported by a declaration of honour. The facts referred to in paragraph 1 (c) shall be evidenced by a certificate issued by the Ministry of the Interior pursuant to a special law governing certain additional conditions for the performance of functions in the State Authorities (4) and the facts referred to in paragraph 1 (c), which are not certified, shall be evidenced by a declaration of honour. Reliability is not demonstrated by persons born after 1 December 1971. The condition of integrity referred to in paragraph 2 shall be evidenced by an extract from the Register of Penalties, which shall not be more than 3 months old.
TRANSITIONAL PROVISIONS
Until the appointment of the Director of the Archive pursuant to Article 12 (3), the Interim Director shall perform this function, appointed by the Minister of Interior on the date of application of this Act; The interim director must fulfil the conditions for the performance of the duties of Director of the Institute pursuant to Article 12 (4).
(1) The exercise of rights and obligations in the employment relations of employees of the Czech Republic included in the work of the Ministry of the Interior, the Ministry of Defence, including Military Intelligence, the Ministry of Justice, the Security Information Service, the Office of Foreign Relations and Information and the Police of the Czech Republic - the Office of the Documentation and Investigation of the Crimes of Communism shall proceed to the first day of the seventh calendar month following the date of publication of this Act in the Archive, provided that such staff carry out activities which are carried out by the Archive from the date of effectiveness of this Act and fulfil the conditions laid down in Section 18.
(2) Administrative proceedings concerning the disclosure of documents transmitted to the Archive under the Act on the making available of volumes arising from the activities of former State Security and under the Act on archiving and file service initiated by the Ministry of Interior, the Ministry of Defence, including Military Intelligence, the Ministry of Justice, the Security Information Service and the Office for Foreign Relations and Information before the first day of the seventh calendar month following the date of publication of this Act, and before that date the archive shall be definitively completed.
Amendment of the Act on Disclosure of Stocks of Former State Security Activities
Act No. 140 / 1996 Coll., on the making available of volumes arising from activities of former State Security, as amended by Act No. 107 / 2002 Coll. and Act No. 342 / 2006 Coll., is amended as follows:
1. In Article 2, paragraphs 2 to 8 are deleted and the designation of paragraph 1 is deleted.
2. in Article 3 (a), the words "(hereinafter referred to as" the Ministry ")" shall be deleted;
3. In Article 3 (i), the words "in the case of the Central Intelligence Administration of the National Security Corps (I), the person registered shall be considered to be the person in respect of whom the union in the categories of ideal collaborator, confidant and confidential contact has been registered during that period."
4. In the title above Section 4, the words "under the responsibility of the Ministry of the Interior 'are deleted.
5. In Paragraph 4 (1) of the Introductory Part of the provision, the words "Ministry is required 'are replaced by the words" Archive of the Security Services ("Archive') is obliged 'and the words" citizen of the Czech Republic who' are replaced by the words "which '.
6. In Article 4 (1) (b) (1), the words "if not for a stranger," are deleted.
7. In Article 4 (2), "Ministry 'is replaced by" Archive'.
8. In Section 5 of the introductory part of the provision, the words "the Ministry is further obliged 'are replaced by the words" the Archive is further obliged'.
9. In Article 5 (d), "Ministry 'is replaced by" Archive'.
10. in Article 6, the title shall be deleted;
11. in Article 6 (1), the word "compulsory" shall be replaced by the words "the Archive must communicate information on the existence of documents and make the documents retained available from the activity."
12. in Article 6 (1) (a), the words "Ministry of Defence to communicate information on the existence of documents and to make documents which have been retained from activity available 'shall be deleted;
13. in Article 6 (1) (b), the words "the Ministry of Justice to communicate information on the existence of documents and to make documents which have been retained from the activity available" shall be deleted;
14. in Article 6, paragraph 2 is deleted;
Paragraph 3 shall become paragraph 2.
15. Paragraph 6 (2) reads:
"(2) The procedure for making available the documents referred to in paragraph 1 shall apply mutatis mutandis to the relevant provisions on making available the State Security documents. ';
16. in Article 7 (1), the words "the Ministry of Defence and the Ministry of Defence shall issue" shall be replaced by the words "the Archive shall issue."
17. in Article 7 (2), the words "the Ministry of Justice shall issue" shall be replaced by the words "the Archive shall issue."
18. in Paragraph 7 (3), the words "the Ministry of Defence and the Ministry of Defence shall be issued on an ongoing basis" shall be replaced by the words "the Archive shall be published on an ongoing basis."
19. in Article 8 (1), "Article 4 and Article 5" is replaced by "Article 4 to 6" and "Ministry" is replaced by "Archive."
20. in Paragraph 8 (2) (c), "Ministry" is replaced by "Archive."
21. in Article 9, the word "Ministry" is replaced by the word "Archive."
22. in Paragraph 10 (1), "Ministry" is replaced by "Archive."
23. in Paragraph 10 (2), the words "the Ministry" shall be replaced by the words "the Archive";
24. in Article 10 (3), the words "the institution of the Chamber of Deputies" shall be replaced by "the Council of the Institute for the Study of Totalitarian Procedures."
25. in Paragraph 10a (1), "Ministry" is replaced by "Archive."
26. in Paragraph 10a (2), the word "Ministry" shall be replaced by the word "Archive" and the words "Ministry" shall be replaced by the word "Archive";
27. in Article 10b, the word "Ministry" is replaced by "Archive."
28. in Paragraph 10c (1), "Ministry" is replaced by "Archive."
29. in Article 10c (2), "Ministry" is replaced by "Archive."
30. in Article 10d (1) and (2), the word "Ministry" shall be replaced by "Archive."
31. in Article 10d (3), the words "the Ministry is not obliged" shall be replaced by the words "the Archive is not obliged."
32. in Article 10d (4), "Ministry" is replaced by "Archive."
33. Article 11 shall be deleted, including the title and footnote 7.
34. In Section 12, the words "except for the procedure under Section 11 of this Act 'are deleted.
Transitional provision
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
HLAVA II
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
HLAVA III
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
HLAVA IV
§ 18
§ 19
HLAVA V
§ 20
§ 21
ČÁST DRUHÁ
§ 22
§ 23
ČÁST TŘETÍ
§ 24
ČÁST ČTVRTÁ
§ 25
„HLAVA OSMÁ
§ 27c
§ 27d
§ 27e
ČÁST PÁTÁ
§ 26
ČÁST ŠESTÁ
§ 27
ČÁST SEDMÁ
§ 28
ČÁST OSMÁ
§ 29
ČÁST DEVÁTÁ
§ 30
ČÁST DESÁTÁ
§ 31
ČÁST JEDENÁCTÁ
§ 32
ČÁST DVANÁCTÁ
§ 33
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Regulation Information
| Citation | Act No. 181 / 2007 Coll., on the Institute for the Study of Totalitarian Procedures and on the Archive of Security Services and on the amendment of certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.07.2007 |
|---|---|
| Effective from | 01.08.2007 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Archive
Security
Social security benefits
European law
Information, Data, Data
Power of executive and government authorities
Wages, salaries, wages, compensation
Civil law
Civil law substantive
Labour relations
Labour law
Social security law
Proceedings in social security matters
Judicial and Public Prosecutor's Office
Social security management
Administrative authorities
Administrative law
Government
National legal order (State establishment)
Constitutional (state) law
Science and research
General internal administration
Old age insurance, Old age pension
Diseases, Sickness benefits
Unemployment security
The regulation text is for informational purposes only.
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