Act No. 212 / 2009 Coll.
Act to mitigate property injustices to citizens of the Czech Republic for immovable property left in the territory of Podkarpatské Rusi in connection with its contractual assignment to the Union of Soviet Socialist Republics
Valid
Effective from 01.10.2009
212
THE LAW
of 9 June 2009
mitigating property injustices to the citizens of the Czech Republic for real estate property left on the territory of Podkarpatské Rusi in connection with its contractual transfer to the Union of Soviet Socialist Republics
Parliament has decided on this law of the Czech Republic:
Subject matter
(1) This law regulates the way in which property injustices (hereinafter referred to as settlement) are reduced to the citizens of the Czech Republic for real estate property, which they have left as citizens of the Czechoslovak Republic in Podkarpatské Rusi in connection with its contractual assignment to the Union of Soviet Socialist Republics1).
(2) The Act does not apply to immovable property of legal persons or immovable property incorporated by such citizens into legal persons. The Act also does not apply to the other equity shares of these citizens in legal persons, nor to securities and receivables due to the Podkarpatské Rusi.
(3) The law does not apply to any movable matter.
South Korea
(1) Under Article 3 of the Constitutional Charter of the Czechoslovak Republic, the former integral whole of the territory of the Czechoslovak Republic at the border on 29 September 1938, which was referred to the Union of Soviet Socialist Republic2 under the Treaty of 29 June 1945). According to the legislation on the organisation of the political administration of the Czechoslovak Republic, it is the territory of the Land of Podkarpatharusk3).
(2) If it is spoken in the legislation published in the Collection of Laws and Regulations of the Czechoslovak Republic, in the Collection of Laws of the Czechoslovak Republic or in the Official List of the Czechoslovak Republic after 4 April 1945 on Zakarpatské Ukraine, it means Podkarpatská Rus pursuant to paragraph 1.
Authorised person
(1) The authorised person is a natural person who fulfils the following conditions:
(a) was a national citizen of the Czechoslovak Republic4) on 29 June 1945 or acquired this citizenship by agreement of the Ministry of the Interior with an option for Czechoslovak citizenship submitted by 1 March 19465),
b) is a citizen of the Czech Republic on the date of entry into force of this Act,
(c) in the period from 29 September 1938, in Podkarpatské Rusi, it left its immovable property and ceased it until 23 May 19456), or left it or lost its immovable property in the territory of Podkarpatské Rusi in connection with the contractual transfer of that territory to the Union of Soviet Socialist Republics (hereinafter referred to as "real estate") and is able to prove these facts in the manner set out in Article 6 of this Law.
(2) Where the beneficiary fulfils the conditions referred to in paragraph 1, he shall be entitled to settlement and payment. A claim properly and in a timely manner, if it has not been decided on, or if settlement has not yet been paid, shall only be transferred to the persons referred to in paragraph 3 in the event of the death of the beneficiary. If these persons are not, the claim shall cease.
(3) If a natural person meeting the conditions of paragraph 1 (a) and (c) has died or has been declared dead on the day of death or on the day on which he was declared dead, a citizen of the Czechoslovak Republic, the Czechoslovak Socialist Republic, the Czech Socialist Republic or the Czech Republic, his spouse and children, each of whom, on the date of entry into force of this Act, are citizens of the Czech Republic, are also eligible persons.
(4) If a child who is an authorised person pursuant to paragraph 3 has died and who has properly and in a timely manner exercised a claim pursuant to Paragraph 5 (1), before his or her entitlement has been decided or settled, his or her children shall be entitled persons if, on the date of entry into force of this law, they are citizens of the Czech Republic, each of them equally; This does not apply if the full settlement has already been paid to other beneficiaries under Article 7.
(5) The legal persons referred to in paragraphs 3 and 4 shall be granted settlement under this Act even if the person entitled under paragraph 1 does not fulfil the conditions of citizenship referred to in paragraph 1 (a) because he died between 29 September 1938 and 29 June 1945, or was declared dead as a result of racial persection or involvement in a departmental activity, and the date of death was established between 29 September 1938 and 29 June 1945 if, at the date of death or death, such person can be considered to be a Czechoslovak national citizen and that person would fulfil the condition referred to in paragraph 1 (c).
(6) Citizenship of a person entitled to the Czechoslovak Republic is demonstrated by a document or a certified copy thereof, which, under the current legal order, is a public instrument (7).
Compulsory person
(1) The debtor for settlement and payment is the State. The Ministry of the Interior acts as the competent organisational unit of the State.
(2) The debtor shall decide on settlement in proceedings on the basis of a proposal from the authorised person. In the case of proceedings under this law, the debtor shall, unless otherwise provided for in this law, apply the Administrative Rules (8). The State is a party to an administrative procedure under this Act.
(3) Settlement costs are borne by the State.
(1) The entitlement must be applied by written application (Paragraph 6) to the debtor by 31 December 2013 at the latest, otherwise the entitlement will cease.
(2) The entitlement of the authorised person pursuant to Article 3 (4) must be applied by written application (Article 6) to the obliged person by 30 June 2018 at the latest, otherwise the entitlement shall cease.
(3) Proceedings carried out by a compulsory person under this Act shall be exempt from fees.
(4) The amount of money paid for settlement is not subject to personal income tax, it is not included in the assessment basis for calculating public health insurance premiums or in the income applicable to the determination of social benefits.
Application of entitlement
(1) The right to be settled shall be exercised by the beneficiary by means of a written request with the annexes submitted within the time limit referred to in Article 5 (1). In the application, the beneficiary shall include, in addition to his nationalities, the property for which he requests compensation and a description of the specific event that led to the leaving of the property in Podkarpatské Rusi.
(2) The application shall be accompanied by:
(a) instruments proving citizenship pursuant to Article 3;
(b) a copy of the valid identity card proving citizenship of the Czech Republic;
(c) a description of the property and its accessories, such as data on the cadastral territory, library pad number, type of real estate, built-up area, year of construction, plot size of land, land designation, co-ownership conditions,
(d) an application for reimbursement which is a compulsory inventory of immovable property under special legislation9).
(3) An application for the inventory of immovable property referred to in paragraph 2 (d) may be replaced by a purchase or donation agreement or a document proving ownership of the property by an authorised person and showing its valuation or price. The Charter must be a public instrument under the current legal order (8). Contracts or instruments referred to in this paragraph shall be dated no later than 29 June 1945.
(4) For the designation of political or self-governing districts, cadastral territories, municipalities, settlements or locations, the authorised person may use the official names, local and local names valid or used between 1919 and 1945 in the application.
(5) The documents, or certified copies thereof, to be annexed to the application by the beneficiary may also be in Hungarian, Slovak or Ukrainian.
(6) The valuation or price of the real estate is demonstrated by the beneficiary by an application for a substitute (9), a purchase, donation or similar contract or a document which, under the current legal order, is a public instrument (7).
Amount and method of settlement
(1) Settlement shall be paid to the person entitled by the debtor in cash.
(2) The settlement amount shall be determined from the price of the property shown in the substitute application (9), multiplied by index 10.
(3) If the amount of compensation cannot be determined in this way, the valuation or price of the property referred to in the contract or instrument referred to in Article 6 (3), multiplied by index 10, shall be used. Where there are several different valuations or prices in these contracts or instruments, a contract or instrument with a later date shall be used to determine the amount of compensation.
(4) Where the beneficiary has already been compensated under existing legislation and has submitted an application for compensation under this law, the amount of compensation shall be determined as the difference between the amount calculated under paragraphs 2 and 3 and the amount of compensation paid to the beneficiary under the existing legislation.
(5) The settlement amount may not exceed a total amount of CZK 2 000 000, even if there are more than one authorised person.
Settlement under this Act shall be without prejudice to the right of authorised persons to seek relief of property injustices or compensation against other States.
Transitional provision
For the first time, settlement may be paid to the beneficiary on 4 January 2010.
Efficacy
This Act shall take effect on 1 October 2009.
Wolf
Klaus v. r.
Fischer v. r.
1) Government Decree No. 61 / 1945 Coll. and n., on the preparation of the option under the agreement between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Zakarpatské Ukraine of 24 August 1945.
2) Treaty No 186 / 1946 Coll. and N. between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Zakarpatsky Ukraine.
3) For example, Act No. 125 / 1927 Coll. on the organisation of political administration.
4) For example, Constitutional Law No. 236 / 1920 Coll. and n., supplementing and amending the existing provisions on the acquisition and renunciation of citizenship and rights originating in the Czechoslovak Republic, Constitutional Law No. 152 / 1926 Coll. and n., on the action of the staff of Czechoslovak people.
5) Government Decree No. 61 / 1945 Coll. and n., as amended by Government Decree No. 21 / 1946 Coll. and n.
6) Decret of the President of the Republic No. 5 / 1945 Coll. n., on the nullity of certain property-law acts from the time of infreedom and on the national administration of the property values of Germans, Hungarians, traitors, collaborators and certain organizations and institutes. Act No. 128 / 1946 Coll. and n., on the nullity of certain property-law acts from the time of infreedom and on the claims of that invalidity and other interference in the assets of the rising, as amended by Act No. 79 / 1948 Coll. and n.
7) Paragraph 134 of the Civil Code.
8) Act No. 500 / 2004 Coll., Administrative Order, as amended by Act No. 413 / 2005 Coll.
9) Government Decree No. 8 / 1947 Coll. on the inventory of Czechoslovak property in Zakarpatskaya Ukraine. Act No. 42 / 1958 Coll., on the modification of certain claims and obligations related to the unification of Zakarpatské Ukraine with the Ukrainian Soviet Socialist Republic. Decree No 159 / 1959 of the Ú. l., on the national settlement of certain claims under Act No. 42 / 1958 Coll., concerning Zakarpatskaya Ukraine.
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Regulation Information
| Citation | Act No. 212 / 2009 Coll., which mitigates property injustices to citizens of the Czech Republic for immovable property left in the territory of Podkarpatské Rusi in connection with its contractual transfer to the Union of Soviet Socialist Republics |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.07.2009 |
|---|---|
| Effective from | 01.10.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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