Act of the Czech National Council No. 186 / 1992 Coll.
Act of the Czech National Council on the service ratio of members of the Czech Police
Valid
Effective from 01.07.1992
Contents
ČÁST PRVNÍ
§ 1
§ 2
HLAVA PRVNÍ
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
HLAVA DRUHÁ
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
HLAVA TŘETÍ
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
HLAVA ČTVRTÁ
§ 55
§ 58
§ 59
HLAVA ŠESTÁ
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
HLAVA SEDMÁ
Oddíl první
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
Oddíl druhý
§ 87
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
§ 100
§ 101
§ 102
HLAVA OSMÁ
§ 103
§ 104
§ 105
§ 106
§ 107
§ 108
§ 109
§ 110
§ 111
§ 112
§ 113
§ 114
§ 115
§ 116
§ 117
§ 118
§ 119
§ 120
§ 121
§ 121a
§ 121b
§ 121c
HLAVA DEVÁTÁ
Oddíl první
§ 122
§ 123
§ 124
§ 125
§ 126
§ 127
§ 128
§ 129
§ 130
§ 131
Oddíl druhý
§ 132
§ 133
§ 134
§ 135
§ 136
§ 137
§ 138
HLAVA DESÁTÁ
§ 139
§ 140
§ 141
§ 142
§ 143
§ 144
ČÁST DRUHÁ
HLAVA PRVNÍ
§ 145
§ 146
§ 147
§ 148
§ 149
§ 150
§ 151
§ 152
§ 153
§ 154
§ 155
§ 155a
§ 156
HLAVA DRUHÁ
§ 157
§ 157a
§ 157b
§ 157c
§ 157d
§ 158
§ 159
§ 160
§ 161
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186
THE LAW
Czech National Council
of 19 March 1992
on the service relationship of members of the Czech Police
The Czech National Council decided on this law:
SERVICES
Preliminary provisions
This Act regulates the service relationship of members of the Police of the Czech Republic (hereinafter referred to as "the service relationship ').
(1) The members of the Police of the Czech Republic (police officer) are in service to the Police of the Czech Republic (police).
(2) On behalf of the police, the Minister of the Interior of the Czech Republic (hereinafter referred to as "Minister") and, to the extent specified by the latter, other officials (hereinafter referred to as "official official") act and act in matters of service under this Act; the extent to which the Director of the Protection Service, which ensures the protection of the President of the Czech Republic and the protection of the premises in which the President of the Czech Republic resides, shall be determined by the Minister with the agreement of the President of the Czech Republic.
(3) Service officials are entitled, within the limits of their competence, to impose duties on subordinate officers, to organise, manage and control their activities and to issue orders and instructions to that effect.
CONSIDERATION AND AMENDMENTS OF SERVICE
Conditions for recruitment
A citizen of the Czech Republic older than 18 years of age may be admitted to service
(a) is righteous;
(b) satisfy the qualification requirements laid down for the performance of the function to which it is intended; the exemption can only be made by decision of the Minister,
(c) be physically, medically and mentally competent for the performance of the service;
(d) perform a basic or alternative military service where it is subject to a military obligation;
(e) have successfully completed the recruitment procedure.
Admission procedure
(1) The admission procedure shall be initiated by the service of a citizen's written request.
(2) In particular, in the admission procedure, the official shall verify that the citizen applying for admission fulfils the conditions laid down in Article 3 and shall collect the necessary supporting documents.
(3) The Staff Officer is required to acquaint the citizen who is applying for admission to service with the essential obligations arising from the service, in particular with the terms of the service, and with material security, and to provide him with written information on these matters.
(4) A citizen applying for admission must be informed in writing of the outcome of the recruitment procedure immediately after the decision on his application, but within a maximum period of six months from the date of service of the application for admission.
(5) The Ministry of Interior of the Czech Republic (hereinafter referred to as "the Ministry") provides for the details of the recruitment procedure for service by a general law.
Establishment of service
(1) The service relationship shall be established by a decision of the official. The decision on admission to service shall include:
(a) the date of service;
(b) the function to which it is assigned and the place of employment;
(c) the rank to which he is appointed,
(d) the amount of the functional salary and, where appropriate, the allowances;
(e) length of trial period, if stanavena;
(f) the date of termination of service if the service is for a fixed period.
(2) The service shall be incurred on the date specified in the decision on admission to service.
(3) A service shall not be incurred if a citizen does not enter the service without a serious reason on the date specified in the decision to accept the service.
Service oath
(1) An officer shall take an oath of service upon taking up duty.
(2) The official oath is as follows:
"I promise to be an honest, brave and disciplined member of the Police of the Czech Republic. I will use my powers and abilities for the benefit of society to protect citizens' rights, public order and security and constitutional establishment of the Czech Republic, including with the commitment of my own life. In carrying out my duties, I will always abide by the Constitution and the laws and, in accordance with them, by the orders and instructions of my superiors. I swear."
(3) If a police officer refuses to take an oath of service, his service will end on the day of his refusal.
Test period
(1) The test period may be set for a maximum of 12 months.
(2) The probationary period may be shortened by the official with the agreement of the police officer if the police officer achieves very good results during the probationary period; However, such shortening shall not exceed half of the specified test period.
(3) During the probationary period, a policeman may not be assigned to a separate service of a security nature.
Rank
The following rank of officers shall be established:
(a) ensign: sergeant-in-chief, sergeant-in-chief, sergeant-in-chief, sergeant-in-chief,
b) Officer: Lieutenant, Lieutenant, Lieutenant, Captain, Major, Lieutenant Colonel, Colonel,
(c) General: Major General, Lieutenant General, Colonel General.
Appointment and promotion to rank
(1) On entering the service, the officer shall be appointed to the rank of sergeant; where he has a full secondary or full secondary vocational or higher vocational education (hereinafter referred to as "full secondary education '), he shall be appointed to the rank of sergeant and, if he has a higher education, to the rank of Lieutenant.
(2) At the end of the probationary period, a police officer shall be promoted to the rank of officer and, if he has a full secondary education, to the rank of Senior Officer; If he has a university education, he shall be promoted or appointed to the rank of lieutenant.
(1) A police officer shall be entitled to a higher rank, provided that he meets the following conditions at the same time:
(a) it is appointed as a post for which a higher rank than that for which it actually has, and produces good results in the performance of its duties;
(b) the period of service of years in rank has expired since his last promotion;
(c) meet the qualification criteria laid down for the function or rank to be performed.
(2) A rank officer shall be entitled to:
(a) promotion to a higher rank of battalion, if he has reached complete secondary education after the end of the probationary period;
(b) appointment to the rank of Lieutenant, if he has a full secondary education and has successfully performed for a specified period of time the function for which an officer's rank is established;
(c) appointment to the rank of Lieutenant if he has reached university education after the end of the probationary period.
They appoint and promote service officials in rank and rank. The proposal for the appointment and promotion of police officers to general posts is submitted to the President of the Czech Republic by the Government of the Czech Republic.
The Minister may promote or appoint an officer in memoriam who died in the performance of his duties.
The Ministry provides for a general binding legislation
(a) the conditions under which officers who have obtained a higher education may be appointed to the rank of lieutenant or senior, and, after a probationary period, promoted to the rank of lieutenant or senior;
(b) the conditions for appointment to rank when a citizen is admitted to service, which has already been in service and the duration of service of years in rank.
Valuation
(1) A police officer may be given a rank other than that which he actually has, for as long as the duties or duties which he is entrusted so require; the grant of rank does not give rise to the right to modify the service income.
(2) The rank and rank of officer shall be given by the officials.
Staff evaluation
(1) The staff evaluation is a basis for decision-making on police duty matters.
(2) The staff evaluation shall consist of an assessment of the performance of the duties, professional and medical capacity of the police officer for the further performance of his duties or duties. The content of the evaluations shall be communicated to the officer evaluated.
(3) The Ministry sets out the details of the service evaluation by means of a generally binding law.
Establishment of functions
(1) The appointment of police officers for vacant duties is decided by the officials of the service on the basis of professional evaluations.
(2) The Ministry provides for a generally binding law on the functions to be performed by the selection procedure, the way in which the selection procedure is carried out, its formalities and its conduct.
Transfer to another function
(1) The officer must be transferred to another office
(a) if, as a result of organisational changes, its current office has been revoked;
(b) if, according to the opinion of the medical commission, the ability to perform the previous duties for health reasons has ceased to exist in the long term;
(c) if, according to the conclusion of the staff evaluations, he is not fit to perform his previous duties;
(d) if, as a result of a final sentence, the prohibition of activity is not likely to take place before,
(e) where he has been decided to be dismissed from service for the reasons referred to in Article 106 (1) (d) or (e) and is assigned to a leading office or to a post whose performance is linked to public relations, or where it is not possible to remain in service until the end of service.
(2) A police officer may be transferred to another office if he has consistently failed to show unsatisfactory results in the performance of his duties, although he has been made aware of them in writing over the last 12 months and has not removed the deficiencies within a reasonable period of time set for him.
(3) The transfer to another office shall be carried out by withdrawing a police officer from his or her previous post and its provisions to another office in the same kind of service (1) and, if not possible, in another type of service. A police officer shall also appeal from his current office if he is to be appointed to a higher post.
(4) A police officer may also be transferred to another office if the duty officer so agrees with the police officer.
(5) A police officer who has been transferred to another office as referred to in paragraph 1 (a) or (b) shall still be entitled to the current salary for a period of six months if it is more favourable to him.
Translation
(1) If this requires an important interest in the service, the officer may be transferred to another place of employment for a period of time of no more than one year; may not be re-translated until two years after the end of the last transfer. If the police officer agrees in writing, he may be transferred to another post of office for a longer period, or re-transferred before the expiry of a period of two years from the end of the last transfer.
(2) A police officer may be permanently transferred to another place of employment if he so requests.
Representation in the function and mandate of the function
(1) A police officer may be entrusted for a period strictly necessary but not more than one year by representing another police officer in his capacity.
(2) A police officer may, in the important interest of the service, be entrusted with the exercise of his duties for the necessary time, but for a maximum period of one year.
(3) The Ministry shall lay down, by means of a generally binding legislation, details of representation in office and of delegation to perform the duties.
Professional travel and study stay
(1) A police officer may be seconded for a period of the necessary but not more than one year for a business trip; for a longer period, this can only be done with his consent.
(2) A police officer may be seconded to a study stay for which his consent is required to obtain the necessary experience or practice.
(3) The Ministry lays down, by means of a generally binding legislation, details of the mission and study visits.
Replacement
Police officers who are unable to perform their duties for the reasons set out in paragraphs 22 to 25 may be assigned to:
(a) active advances;
(b) advances for school-based police officers,
(c) advances for temporary unattached officers,
(d) unpaid advances.
(1) An active advance shall be assigned to officers who:
(a) for reasons of general interest, in agreement with a civil undertaking or another employer, allocated with its consent to that employer;
(b) in the important interest of the service seconded to the performance of the mission in a civil organisation;
(c) assigned or seconded to serve abroad;
(d) long-term vacancies in trade unions.
(2) The officer must be assigned to the same level after removal from the current advance.
Police seconded to a daily study for a period of 12 months shall be included in the advance for school-based officers.
Police officers whose duties have been revoked as a result of organisational changes and who could not be transferred to another post under Paragraph 17 (1) of the Act at the same time shall be included in the advance for temporarily unincorporated police officers.
Unpaid advances shall include officers who have been granted leave of absence for a period of two months and officers who have been granted additional maternity leave.
The Ministry shall lay down, by means of a generally binding legislation, details of the deposit.
Discharge
(1) If a police officer becomes reasonably suspicious that he has violated his duty in a particularly serious way or that he has committed a criminal offence and his further stay in the service would jeopardise the important interest of the service or the conduct of his investigation, he may be temporarily relieved of the service by decision of the official.
(2) The officer may be relieved of the service referred to in paragraph 1 only for the period strictly necessary to clarify his actions, but for a maximum period of three months; This period may exceptionally be extended by the Minister, but no more than three months. Where a police officer is subject to criminal proceedings, he may be relieved of his service until the final end of the criminal proceedings.
(3) A police officer who has been relieved of his duties shall be entitled from the date of exemption of 50% of the service income, but at least to the minimum wage laid down by the special regulation.2) This part of the service income shall be increased by 10% of the service income for each dependent person, but not more than 80% of the service income.
(4) If the reasons for which the police officer has been relieved of his duty are omitted, the duty officer shall revoke the discharge decision. If the discharge is terminated, the policeman shall pay the difference by which his service income has been reduced; This does not apply if the conduct for which the police officer was relieved of his duty was an intentional offence for which he was definitively convicted, or if he was dismissed from service for acts for which he was relieved.
SERVICES
Basic duties of the police officer
(1) The police officer shall:
(a) to carry out conscientiously and properly the tasks assigned to it by law and other generally binding legislation; to carry out conscientiously and properly the tasks assigned to him by the orders and instructions of the service officials and superiors with whom he has been duly informed,
(b) to perform a conscientious and proper service according to their strengths, knowledge and capabilities;
(c) to report to their supervisor defects and deficiencies which threaten or impede the performance of the service;
(d) comply with the rules of courtesy when serving.
(2) If a police officer considers that the order of his superior is contrary to a generally binding law, he shall inform the superior of this; If a superior insists on carrying out an order, the officer is obliged to do it. The police officer shall refuse to comply with the order of the superior if he has committed a criminal offence by his performance; report that fact to the superior supervisor without undue delay.
Basic duties of the supervisor
The superior is obliged
(a) organise, manage, control and evaluate the performance of the services of its subordinates;
(b) ensure that police officers are adequately trained and trained for the performance of their duties;
(c) create favourable conditions for the performance of the service;
(d) to appreciate the good deeds and exemplary performance of the service and to draw the consequences of violations of the service.
Discipline
Within the limits of his authority, a staff officer grants disciplinary fees and imposes disciplinary penalties.
Disciplinary fees
The disciplinary rewards are
(a) a written praise;
(b) a cash or other gift;
(c) an extraordinary promotion or appointment to an officer's rank.
Discrimination
(1) A disciplinary offence is a violation of the basic duties of a police officer in so far as it is not a criminal offence.
(2) A disciplinary offence shall also be dealt with in the conduct of a police officer with the characteristics of an offence, if provided for in a special regulation. 3)
Discipline
The disciplinary sentences are
(a) written reprimand;
(b) a reduction in the salary of up to 15% for a maximum period of three months;
(c) a reduction in rank by one grade for up to one year;
(d) a prohibition of action;
(e) forfeiture.
Preservation of disciplinary penalties
(1) If it is sufficient to correct the police officer and to restore the discipline of disciplinary action which has the characteristics of a disciplinary offence or offence, disciplinary action shall not be imposed.
(2) The disciplinary sentence of a one-degree reduction cannot be imposed on an officer of the rank of sergeant, lieutenant-general or major general.
(3) The disciplinary sentence of a reduction in the salary and the disciplinary penalty of a one-degree reduction cannot be imposed together.
(4) The disciplinary penalty for the prohibition of action and the forfeiture of a case can only be imposed for acts having the characteristics of an offence and only under the conditions laid down in the special regulation.3)
(5) The disciplinary sentence shall also be enforced if the officer to whom this disciplinary sentence has been imposed has terminated his employment.
(6) A service official who has imposed a disciplinary penalty to reduce rank by one degree or a disciplinary penalty to prohibit activity may decide to waive the rest of the sentence, but first after one half of the sentence imposed.
(1) Before a disciplinary sentence is imposed, the facts must be fully and accurately established. A police officer must be given the opportunity to comment, to suggest evidence and to defend himself before a disciplinary sentence is imposed. The official must also listen to the complainant.
Contents
ČÁST PRVNÍ
§ 1
§ 2
HLAVA PRVNÍ
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
HLAVA DRUHÁ
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
HLAVA TŘETÍ
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
HLAVA ČTVRTÁ
§ 55
§ 58
§ 59
HLAVA ŠESTÁ
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
§ 70
§ 71
§ 72
§ 73
HLAVA SEDMÁ
Oddíl první
§ 75
§ 76
§ 77
§ 78
§ 79
§ 80
§ 81
§ 82
§ 83
§ 84
§ 85
§ 86
Oddíl druhý
§ 87
§ 88
§ 89
§ 90
§ 91
§ 92
§ 93
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
§ 100
§ 101
§ 102
HLAVA OSMÁ
§ 103
§ 104
§ 105
§ 106
§ 107
§ 108
§ 109
§ 110
§ 111
§ 112
§ 113
§ 114
§ 115
§ 116
§ 117
§ 118
§ 119
§ 120
§ 121
§ 121a
§ 121b
§ 121c
HLAVA DEVÁTÁ
Oddíl první
§ 122
§ 123
§ 124
§ 125
§ 126
§ 127
§ 128
§ 129
§ 130
§ 131
Oddíl druhý
§ 132
§ 133
§ 134
§ 135
§ 136
§ 137
§ 138
HLAVA DESÁTÁ
§ 139
§ 140
§ 141
§ 142
§ 143
§ 144
ČÁST DRUHÁ
HLAVA PRVNÍ
§ 145
§ 146
§ 147
§ 148
§ 149
§ 150
§ 151
§ 152
§ 153
§ 154
§ 155
§ 155a
§ 156
HLAVA DRUHÁ
§ 157
§ 157a
§ 157b
§ 157c
§ 157d
§ 158
§ 159
§ 160
§ 161
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Regulation Information
| Citation | Act of the Czech National Council No. 186 / 1992 Coll., on the service relationship of members of the Czech Police |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.05.1992 |
|---|---|
| Effective from | 01.07.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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