Act No. 19 / 1958 Coll.
Act amending and supplementing Defense Act No. 92 / 1949 Coll.
Valid
Effective from 02.05.1958
19.
Law
of 16 April 1958
amending and supplementing Defense Act No. 92 / 1949 Coll.
The National Assembly of the Czechoslovak Republic decided on the following Act:
Law No 92 / 1949 Coll. is amended as follows:
Article 1 (1) reads as follows:
"(1) In order to defend the freedom and independence of the Czechoslovak Republic, as well as to protect the popular democratic establishment and construction of socialism, the sovereign Czechoslovak people are building an armed force, common to the Czechs, Slovaks and members of other nationalities, as part of the popular democratic establishment and conduct the popular defence of the country, based on the principle that the Czechoslovak Republic is firmly secured by the popular democratic establishment and allied ties with the Union of Soviet Socialist Republics and other popular democratic states."
2.
"Organisation of the Armed Forces
(1) The forces of the armed forces are supplemented without distinction of nationality. The language of service is Czech and Slovak; In contact with the team of an ignorant professional language, it is also possible to use its mother tongue.
(2) The details of the legal situation of the members of the armed forces, arising from their jurisdiction, in particular from the subordination or subordination to other members of the armed forces, the manner in which military training and military service are carried out at all, as well as the organisation of the armed forces, will be adapted within the limits of this law, or within the limits of the government regulations issued for its implementation, in the field of its competence by the Ministry of National Defence and the Ministry of Interior by the Staff Regulations, provided that such arrangements do not belong to the President of the Republic as the Chief Commander of the Armed Forces.
(3) The number of troops shall be determined by the Government, acting on a proposal from the Minister of National Defence, submitted in agreement with the Minister of Interior as regards the troops of the Ministry of Interior. '
3. Paragraph 5 is added to the following paragraph 4:
"(4) Persons legally sentenced to the loss of the right to vote shall not be called beyond the duration of the exceptional measures for military active duty or for payment for the period for which the loss of the right to vote has been declared. ';
4.
"Evaluation of the performance of a defence obligation
(1) Any public function shall be subject to the proper performance of any obligations imposed on the person concerned by this law.
(2) Where the period of time spent in the employment or occupation in question is decided for the assessment of salary, wages or any other rights arising from the employment or occupation concerned, the period during which the person concerned was engaged in a military service (Paragraph 20 (2)) shall be taken into account, in which specific provisions shall lay down the details; the provisions of the special provisions on the counting of military active services for the purposes of occupational sickness insurance, social security and paid leave for recovery shall remain intact. ';
5. § 9 is deleted.
6. Article 10 (2) reads as follows:
"(2) The obligation to pay shall include the obligation to appear for registration and payment (§ 15) or, where appropriate, for examination (§ 18), and to submit to the prescribed procedure, including the necessary medical and, where appropriate, hospital examinations, as well as the examination of the specific personal capacity and characteristics of the person concerned (selection examination). The person who has a withdrawal obligation shall be called the goalkeeper."
7. Article 11 (1) reads as follows:
"(1) A regular withdrawal obligation shall be established subject to the provisions of paragraph 4 to men on 1 January of the year in which they reach 18 years, unless the soldiers are already covered by an exceptional or voluntary contribution. The regular withdrawal obligation shall continue, if not one of the cases referred to in paragraphs 3 or 4 or the examination (Paragraph 18), until the end of the withdrawal procedure to which the person subject to that obligation has been subject in the year in which he completed 20 years, unless he has already been subject by issuing a final withdrawal decision (Paragraph 15 (3)). ';
8.
"Minutes and contributions
(1) The registration is an official procedure designed to take the goals into military records, to determine their pre-eligibility for military active duty and to take measures to improve the health and other competence of the guards for the performance of military active service.
(2) The levies are regular, exceptional or voluntary. The purpose of the levy is to decide on the obligation of the conscribers to military active duty according to the established physical and mental capacity of the conscripts to that service. The decision that the gate is obliged by military active service (removed) is called a detention.
(3) The levies are carried out by the district board of services. The decision shall be taken by representatives of the military administration. Voluntary contributions may also be made by military commission. There is no appeal against the ruling that the goal is or is not taken (final decision) or that it is due to arrive at the next year's withdrawal. The levy may be suspended for health or other reasons for one year but for a maximum period of three years. After this period, the commission shall decide definitively on the ability or inability to provide military services. Branches who have been suspended for health reasons are granted free medical treatment in state health care institutions.
(4) The Government shall lay down the rules on the setting up of county and regional collection commissions, on their composition and on their implementation, and on the arrangements for their recruitment. '
9. Paragraph 16 (2) reads as follows:
"(2) Regular contributions shall be made as principal or additional. The main contributions are usually made annually in the months of September and October, unless the Ministry of Defence provides otherwise. Additional contributions shall be made as required. ';
10. Paragraph 16 (3) is deleted.
11. Paragraph 18 (1), (3) and (4) reads as follows:
"(1) If there is reason to believe that the final decision of departure according to which the goal has not been taken is incorrect, it shall be examined by the Regional Commission of Admission.
(3) The Government shall determine by regulation who shall prescribe the examination and under which conditions and how the examination shall be carried out.
(4) There is no appeal against the decision of the Regional Council. '
12.
"(1) If the distance between the point of departure and the point of stay is more than 6 km, the State shall pay the cost of its transport to the registration, levy and return. Branches are paid for using public mass transport means of fare in the lowest class.
(3) The Government shall provide for a regulation on how the costs associated with the performance of the levy are to be met. "
13.
"Exclusion from the army
The army shall be excluded from persons for whom the court so provides by final judgment. Such persons may not be permitted to enter the army on a voluntary basis. '
14. Paragraph 25 (3) reads as follows:
"(3) Retired soldiers become professional soldiers,
(a) who have been discharged from military active duty after the age of 60;
(b) who have been transferred into advance and receive a pension under the social security provisions of the armed forces after reaching the age of 60;
(c) who have been discharged from military active duty for medical reasons for permanent incapacity for military active duty.
The duty of service of retired soldiers shall continue until they have been released from the army. The Government shall lay down a regulation whereby they may be called up for temporary service. '
15. Paragraph 25 (4) is deleted.
16.
"Professional duty of State Security and Public Security
(1) Members of the State Security and Public Security who have performed a basic service shall be exempt from the obligation of service which they would otherwise be required to perform during the period of active service in those departments.
(2) Persons dismissed from active duty in these corps are required to serve as soldiers in reserve of the same year of birth. The Government shall determine, by regulation and within the limits of this Regulation, the Ministry of National Defence by the Staff Regulations the conditions under which such persons may be regulated by military rank, having regard to the rank reached in these Councils. '
17.
"Determination of replacement service by law
The replacement service shall be designated by persons who have been performed without fault after 31 December of the year in which they completed 30 years or who have not started the basic service without fault by 31 December of the year in which they completed 30 years. '
18. Article 30 (3) reads as follows:
"(3) The requests for replacement service shall be decided by the Regional Commission for Payment; there is no appeal against their decision. The procedure for requests for replacement service shall be laid down by the Government by regulation. ';
19. Paragraph 3 of the following text is added to Paragraph 31:
"(3) If the conditions of Paragraph 30 (1) are not fulfilled, the transfer may be designated for replacement service only with the Government's consent. '
20. Paragraph 34 (1) reads as follows:
"(1) Beneficiaries who prepare for a particular profession may, at their request, be authorised to defer basic (replacement) services until the maximum specified starting date of the year in which they reach 22 years, exceptionally until the specified starting day in the year in which they reach 24 years and, if they go to studying universities, to the end of their studies, but not later than 28 years. Similarly, a postponement may be allowed, but no later than the starting date of the year in which the applicant completed 22 years, if other reasons of particular concern so require. '
21.
"Remission of replacement service
Persons who have not received, without their own fault, a replacement service for which they were designated on request or ex officio, and persons designated by law for the replacement service, until 31 December of the year in which they completed 30 years. '
22. Paragraph 38 (2) reads as follows:
"(2) Persons to whom a replacement service has been waived under the provisions of Paragraph 35 shall be included in the advance and, if the replacement service has already been entered, shall be transferred to the advance on the day following the date of release from that service. ';
Article 23 (39) (4) reads as follows:
"(4) Professional soldiers, as well as soldiers who did another service (§ 37), are required after being transferred to an advance by military training as members of the same year of birth."
24.
"Types of special service
Special service means:
(a) the service of members of the public armed corps, held in the armed forces under this Act (§ 46 (2)) or under special laws;
(b) a service carried out by the armed forces under this Act (§ 46 (2)) by members of the Public Protection Corps and persons subject to a military obligation, subject to professional education. '
25. Paragraph 44 is deleted.
Article 26 (46) (1) reads as follows:
"(1) The President of the Republic may, if events threaten to increase the degree of autonomy, integrity and unity of the State, the Constitution and the Republican State, and the people's democratic establishment (times of increased threat to the State), order that soldiers in reserve be called to extraordinary service for the period of the necessary need, not exceeding the number of soldiers in advance of the seven youngest years of birth. '
27. Paragraph 48 (2) and (3) shall be deleted.
28. Paragraph 48 (4) shall be classified as paragraph 2 and read as follows:
"(2) Only extraordinary and voluntary contributions take place during the state's security alert. At this time, however, only persons who have not yet been called to a special levy may join the army voluntarily. The military administration may, at their request, authorise soldiers in reserve and in retirement who have not been called on to serve in the military, on a voluntary basis. An application for the authorisation of a voluntary service may not be withdrawn. '
29.
"Release of emergency services
(1) The obligation to enter into an emergency service may be waived by persons who, in the important interest of the armed forces or in other important general interest, are required to continue their employment. Soldiers under 35 may be exempted only in cases of special consideration.
(2) The exemption may be limited to a certain period. The decision granting exemption may be revoked for service reasons.
(3) The scope of the exemption and its effectiveness are laid down by the Government in detail. "
30.
"Reporting obligation and military records
(1) Branches, non-active soldiers and persons who have been assigned for personal action for the needs of the armed forces or for special service and have been informed of this determination shall be required to report facts relevant to military records. The Government shall, by regulation, lay down details, in particular within what time limits, for which authorities and how the reporting obligation is to be fulfilled.
(2) The Government shall, by regulation, lay down the obligations of the executive bodies of local national committees, other bodies and organisations to maintain military records. '
Article 31 (54) is deleted.
32. § 76 reads:
"Jurisdiction
(1) Unless otherwise provided for in this Act or in the provisions adopted pursuant to it, the decisions and measures under this Act shall be the responsibility of the district (municipal, district) administration and the executive bodies of the district (urban, district) national committees, the second seat of the regional military administration (urban) and the executive bodies of the regional (central) national committees. Regional (urban, district) military administrations and regional military administrations and their respective areas of competence shall be established by the Ministry of National Defence. The competence of military services in military matters in active service shall be regulated by the Ministry of National Defence and the Ministry of Interior by the Staff Regulations.
(2) Where that law or provisions issued pursuant to it does not provide for derogations from the general rules on administrative proceedings, those provisions shall apply.
(3) The courts, prosecutors and public authorities are obliged, within the limits of their jurisdiction, to cooperate in the implementation of this law and the rules issued pursuant to it.
(4) The authorities of the Ministry of Interior shall, within the limits of their competence, comply with direct requests from local military administrations in cases where there is a danger of delay, in particular in matters relating to the identification of persons who have not been present for registration or retirement, non-active soldiers who have not applied for residence and non-active soldiers. ';
33. § 78 is deleted.
34. Paragraph 79 is deleted.
35. § 85 reads:
"This Act shall take effect on 1 October 1949; it shall be carried out by national defence and interior ministers in agreement with participating members of the Government. ';
1. In the Defence Act, the words
"Czechoslovak Defence Power" in the words "Czechoslovak Armed Forces,"
"power of defence" means "armed forces,"
"military person" by the word "soldier,"
"National Security College 'means" State Security and Public Security',
"Backup" means "soldier in reserve,"
"the year of the advance 'means" the year of birth'.
2. The provisions of the Defense Act on Reserves, Reserves and Auxiliary Soldiers are deleted.
3. Where the Defense Act refers to the provisions of the Military Criminal Act, this means similar provisions of Criminal Act No. 86 / 1950 Coll. as amended by Act No. 63 / 1956 Coll.
Soldiers in active duty who, at their request (with their consent), have been educated and trained for the service of professional soldiers, or who have been (with their consent) improved or trained in special sectors of military service, shall be obliged to continue their duties. Their obligation to continue their service shall be assessed in accordance with the rules in force on the date of the entry into force of this Act.
Paragraphs 12 (2) and (3) and 13 (2) of Act No. 286 / 1948 Coll., on National Security, are hereby repealed.
Measures taken before the date of entry into force of this Act in accordance with it shall be deemed to have been taken under it.
The Minister of National Defence is hereby authorised to declare in the Collection of Laws the full text of the Defence Act No. 92 / 1949 Coll., as is apparent from the later regulations.
This Act shall take effect on the day of its publication; It shall be carried out by national defence and interior ministers in agreement with participating members of the Government.
Novotný v. r.
Fierlinger v. r.
Broad v. r.
Colonel General Lomský v. r.
Bark v. r.
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Regulation Information
| Citation | Act No. 19 / 1958 Coll., amending and supplementing Defense Act No. 92 / 1949 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.05.1958 |
|---|---|
| Effective from | 02.05.1958 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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