Act No. 20 / 2023 Coll.

Law amending Act No. 65 / 2022 Coll., on certain measures relating to armed conflict in Ukraine caused by the invasion of Russian troops, as amended, and other related laws

Valid Effective from 24.01.2023
20
THE LAW
of 11 January 2023
amending Act No 65 / 2022 Coll., on certain measures relating to armed conflict in Ukraine caused by the invasion of Russian troops, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Act on certain measures in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops
Čl. I
Act No. 65 / 2022 Coll., on certain measures relating to armed conflict in the territory of Ukraine caused by the invasion of Russian troops, as amended by Act No. 175 / 2022 Coll. and Act No. 198 / 2022 Coll., is amended as follows:
1. In Paragraph 1 (1), the words "and the conditions for its extension 'shall be added at the end of the text in point (a).
2. In the first sentence of Article 5 (4), the words "a visa sticker in the travel document 'are replaced by" a visa sticker in the travel document with a period of validity until 31 March 2024' and in the second sentence the word "temporarily 'is deleted.
3. In Paragraph 5a (1), the first sentence is replaced by the sentence "The application for a residence permit in the Czech Republic lodged at the representative office in Ukraine is unacceptable."
4. Paragraph 6 (2) reads as follows:
"(2) If an alien enjoying temporary protection on the territory of the Czech Republic without a valid travel document and proves that he cannot obtain a travel document from the competent authorities of the country of origin, the Ministry of Interior or Police of the Czech Republic shall issue him a travel identity card under the Act on the residence of foreigners in the territory of the Czech Republic. This does not apply if local conditions do not allow for the issue of a travel card. The stranger is obliged to present a photograph."
5. In Paragraph 6 (5), the words "even during legal proceedings' shall be added at the end of the second sentence.
6. In Article 6, the following paragraphs 9 and 10 are inserted after paragraph 8:
"(9) If, in the period from 24 February 2022, aliens have been granted a visa in connection with an armed conflict in the territory of Ukraine resulting from an invasion of Russian Federation troops to reside for more than 90 days for the purpose of suffering residence in the territory of the Czech Republic pursuant to § 33 (1) (a) of the Act on the residence of foreigners in the territory of the Czech Republic, or under § 33 (3) of the Act on the residence of foreigners in the territory of the Czech Republic, the provisions of § 43 and § 62 (4) of the First Act on the residence of foreigners in the territory of the Czech Republic shall not apply.
(10) The issuing of a visa referred to in paragraph 9 shall be certified by a visa sticker marked on or outside the travel document. Where it is not possible to certify the visa with respect to the local conditions of issuing the visa by means of a visa sticker, an alert may be made on or outside the travel document. ';
Paragraphs 9 to 11 shall be renumbered paragraphs 11 to 13.
7. Paragraph 6 (13) reads as follows:
"(13) The provisions of the Act on the registration of residents governing the allocation of birth numbers to foreigners shall not apply to a stranger to whom:
(a) temporary protection has been granted; or
(b) a visa has been issued in connection with an armed conflict in the territory of Ukraine resulting from an invasion of Russian Federation troops to stay for more than 90 days for the purpose of continuing to remain in the territory of the Czech Republic pursuant to § 33 (1) (a) of the Act on the residence of foreigners in the territory of the Czech Republic which does not entitle them to stay for temporary protection or under § 33 (3) of the Act on the residence of foreigners in the territory of the Czech Republic. "
8. The following Sections 7b to 7g are inserted after Section 7a, including the headings:
„§ 7b
Extension of temporary protection
(1) If temporary protection at European Union level has not been terminated, the residence of a foreigner who was granted temporary protection in the Czech Republic in 2022 shall be deemed to be temporary protection from 1 April 2023 or from the day following the expiry of the residence permit for temporary protection, if this moment is earlier, until 30 September 2023 if the alien has registered for its extension by 31 March 2023 in accordance with paragraph 3.
(2) If by 30 September 2023 an alien arrives in accordance with the procedure laid down in this provision to mark a visa sticker, the residence of such a stranger in the Czech Republic shall be considered as temporary protection until 31 March 2024.
(3) In order to extend temporary protection, an alien is required to register using an electronic form published on the website of the Ministry of Interior (hereinafter referred to as "registration '). No other procedure shall be taken into account. The registration is completed by sending a registration certificate to an e-mail address that the alien will enter on the registration form. The registration certificate shall contain the date and place of work where the alien is to be present for the extension of temporary protection.
(4) At the time of registration, the stranger is obliged to state the place of registered residence in the Czech Republic and the name and address of the school where the child is registered for compulsory education or, where appropriate, for compulsory pre-school education, if this obligation is already established and lasting.
(5) When the visa sticker is marked, the alien is obliged to provide proof of accommodation in accordance with § 6 (1), otherwise the visa sticker shall not be marked; the obligation to provide proof of accommodation does not apply when it comes to foreigners,
(a) which has been granted accommodation by a crisis management authority or which has been granted accommodation in accordance with Paragraph 6b and is still in that place; or
(b) who has applied for temporary protection after 27 June 2022 and the place of stay declared coincides with the place of residence indicated in the registration.
(6) For a child under 18 years of age, the visa sticker shall be taken over only by the person who provides evidence that he is the legal representative of that child or the person who is entitled to act for that child.
(7) A stranger who does not appear to mark a visa sticker within the specified time limit or at the specified place of work is obliged to make a new reservation of the term using an electronic form.
(8) Foreign persons who are not registered until 31 March 2023 for the extension of temporary protection under this Act, temporary protection shall cease to exist by the end of that date. The temporary protection referred to in paragraph 5 or 6 shall cease to exist on the expiry of that date.
§ 7c
Visa sticker
(1) The period of validity of the visa sticker certifying the extension of temporary protection shall be indicated from 1 April 2023 to 31 March 2024 at the latest.
(2) If, in view of the local conditions for the extension of temporary protection, it is not possible to mark the visa sticker, an alert may be made on the extension of temporary protection to or outside the travel document.
§ 7d
New application for temporary protection
(1) If a foreigner who has been granted temporary protection under this Act by the Czech Republic and is no longer entitled to temporary protection, a new application for temporary protection and temporary protection is granted, he has a legal status under this Act, which he had on the registered last day of its consumption. The period during which the alien did not enjoy temporary protection is not considered as a period of residence in the Czech Republic on the basis of temporary protection.
(2) The visa sticker or record of the granting of temporary protection shall be marked since the new granting of temporary protection.
§ 7e
Extension of the visa for the purpose of suffering
(1) A visa for a stay of more than 90 days for the purpose of staying on the territory of the Czech Republic pursuant to § 33 (1) (a) of the Act on the residence of foreigners in the territory of the Czech Republic, which does not entitle them to stay for temporary protection or pursuant to § 33 (3) of the Act on the residence of foreigners in the territory of the Czech Republic, granted to a national of Ukraine or to his family in connection with an armed conflict in the territory of Ukraine caused by the invasion of Russian Federation troops since 24 February 2022, is deemed valid until 31 March 2024.
(2) The alien holding a visa referred to in paragraph 1 may attend the Ministry of the Interior to mark a visa sticker with an extended period of validity; to this act, the stranger is obliged to arrange a predate, otherwise the label will not be marked. The period of validity of the visa shall be indicated on the visa sticker by 31 March 2024.
(3) If, in view of the local conditions of the visa referred to in paragraph 1, it is not possible to mark the visa sticker, an alert on the issuing of the visa may be made on or outside the travel document.
§ 7f
(1) From 1 January 2023, a residence visa of more than 90 days for the purpose of staying on the territory of the Czech Republic pursuant to § 33 (1) (a) of the Act on the residence of foreigners in the territory of the Czech Republic which does not qualify for temporary protection or pursuant to § 33 (3) of the Act on the residence of foreigners in the territory of the Czech Republic in connection with the armed conflict in the territory of Ukraine caused by the invasion of Russian Federation troops from 24 February 2022 until 31 March 2024. The period of validity of the visa shall be indicated on the visa sticker by 31 March 2024.
(2) If, in view of the local conditions of the visa referred to in paragraph 1, it is not possible to mark the visa sticker, an alert on the issuing of the visa may be made on or outside the travel document.
§ 7g
Extension of temporary protection and visa for the purpose of suffering from an emergency
(1) In the event of an emergency, the Government may provide that temporary protection granted by aliens, registered until 31 March 2023 for the extension of temporary protection under Article 7b (1) and (3), shall be deemed to be extended until 31 March 2024.
(2) The extension of the temporary protection referred to in paragraph 1 and the re-granting of temporary protection referred to in Article 7d (1) shall not be indicated on or outside the travel document and the obligation to appear on the visa sticker shall cease. Paragraph 7b (3) of the last sentence shall not apply.
(3) The extension of the visa referred to in Article 7e (1) shall not be marked on or outside the travel document of a stranger and the obligation to appear on the visa sticker shall cease. ';
9. In Article 9 (2), the words "Section 7b to 'and the number" 2023' are replaced by "2024 '.
Čl. II
Transitional provisions
1. The provisions of Act No 65 / 2022 Coll., on certain measures in connection with the armed conflict in the territory of Ukraine caused by the invasion of Russian Federation troops, as effective from the date of entry into force of this Act, also apply to the application for temporary protection or for a visa to stay more than 90 days for the purpose of suffering residence in the territory of the Czech Republic pursuant to Article 33 (1) (a) of the Act No. 326 / 1999 Coll., on the stay of foreigners in the territory of the Czech Republic and on the change of certain laws, as effective on the date of entry into force of the law, in the territory of Ukraine resulting from the invasion of the forces of the Russian Federation since 24 February 2022, submitted from 1 January 2023 until the date of the entry into force of the act.
2. The procedure for applying for a long-term residence permit pursuant to Article 43 of Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as effective at the date of entry into force of this Act, which does not entitle the visa holder to stay for a period of 90 days in order to remain on the territory of the Czech Republic pursuant to § 33 (1) (a) of Act No. 326 / 1999 Coll., as effective at the date of entry into force of this Act, in the context of an armed conflict in the territory of Ukraine caused by the invasion of the Russian Federation forces since 24 February 2022, is hereby terminated.

ČÁST DRUHÁ

Amendment to the Act on Non-Medical Medical Professions
Čl. III
Act No. 96 / 2004 Coll., on the conditions for the acquisition and recognition of competence for the performance of non-medical medical professions and for the exercise of activities related to the provision of medical care and the amendment of certain related laws (Act on non-medical medical medical professions), as amended by Act No. 125 / 2005 Coll., Act No. 111 / 2007 Coll., Act No. 124 / 2008 Coll., Act No. 126 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 201 / 2017 Coll., Act No. 284 / 2018 Coll., Act No. 176 / 2019 Coll., Act No. 277 / 2019 Coll., Act No. 585 / 2017 Coll., Act No. 366 / 2021 Coll., amended as follows:
1. In Paragraph 22 (1), the words "which are carried out by a university under special legislation 9d) 'are deleted.
2. In Article 22 (3), the words "5 years' are deleted.

ČÁST TŘETÍ

Amendment to the Act on Education Measures in the context of Armed Conflict on the territory of Ukraine by Invasion of Russian Federation troops
Čl. IV
Act No. 67 / 2022 Coll., on measures in the field of education in connection with armed conflict in Ukraine caused by the invasion of Russian troops, as amended by Act No. 175 / 2022 Coll. and Act No. 199 / 2022 Coll., is amended as follows:
1. Paragraph 2 (5) and (6) read:
"(5) In agreement with the founder, the principal of the parent or primary school may provide for entry in pre-school or primary education only for foreigners between 1 June 2023 and 15 July 2023. A stranger may not submit an application for registration in this school held within the time limit provided for in § 34 (2) or § 36 (4) of the Education Act.
(6) Where the school director provides for the registration referred to in paragraph 5, he shall notify the place and time of its conduct at the latest, together with the notification of the place and the duration of the registration under the school law. The minutes referred to in paragraph 5 shall be subject to registration rules under the Education Act, with the exception of the date of the holding referred to in paragraphs 34 (2) and 36 (4) of the Education Act. ';
2. In § 2c, the word "school 'is replaced by the word" school or if a stranger does not participate' and the word "compulsory 'is deleted.
3. In Paragraph 10 (2), "2023 'is replaced by" 2024'.

ČÁST ČTVRTÁ

EFFECTIVE
Čl. V
This Act shall take effect on the day following its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.

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Regulation Information

CitationAct No. 20 / 2023 Coll., amending Act No. 65 / 2022 Coll., on certain measures relating to armed conflict in Ukraine caused by the invasion of Russian troops, as amended, and other related laws
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation23.01.2023
Effective from24.01.2023
Effective until-
Status Valid
Parliamentary Paper: Paper No. 351
The regulation text is for informational purposes only.
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