Act No. 220 / 1999 Coll.
Law on the course of essential or alternative services and military exercises and on certain legal ratios of soldiers in reserve
Valid
Law
Effective from 01.12.1999
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
ČÁST DRUHÁ
HLAVA I
§ 6
§ 7
§ 8
HLAVA II
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
HLAVA III
§ 17
§ 18
§ 19
§ 20
ČÁST TŘETÍ
HLAVA I
§ 21
§ 22
HLAVA II
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
HLAVA III
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
ČÁST ČTVRTÁ
§ 43
§ 44
§ 45
ČÁST PÁTÁ
HLAVA I
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
HLAVA II
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
HLAVA III
§ 70
§ 71
§ 72
§ 73
ČÁST ŠESTÁ
HLAVA I
§ 74
§ 75
HLAVA II
§ 76
§ 77
§ 78
HLAVA III
§ 79
§ 80
§ 81
§ 82
§ 83
HLAVA IV
§ 83a
HLAVA V
§ 84
§ 85
§ 86
§ 87
§ 88
§ 89
ČÁST SEDMÁ
§ 90
§ 91
§ 92
§ 93
ČÁST OSMÁ
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
§ 100
§ 101
§ 102
§ 103
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220
THE LAW
of 14 September 1999
on the course of essential or replacement service and military exercises and on certain legal ratios of soldiers in reserve
Parliament has decided on this law of the Czech Republic:
GENERAL PROVISIONS
Basic provisions
This law regulates the legal situation of persons performing military active service in the form of a basic or alternative service and military exercises in the armed forces of the Czech Republic (1) (hereinafter referred to as "armed forces") and certain legal circumstances of soldiers in reserve.
(1) In the legal relations referred to in Article 1, the service bodies which are the President of the Republic (hereinafter referred to as "the President '), the Minister of Defence (hereinafter referred to as" the Minister'), and to the extent specified by the President's order or by the Minister's order, shall decide:
(2) The President, as Commander-in-Chief of the Armed Forces, shall lay down detailed arrangements in the Regulations:
(a) the course of essential or alternative services and military exercises and certain legal conditions of soldiers in reserve;
(b) military disciplinary law, relations between members of the armed forces and the exercise of military active service.
Duration of military active service
(1) The duration of the basic or replacement service and the overall scope of the military exercises are laid down in a separate legislation (1).
(2) Military active service shall begin on the day of boarding (2) of the enlistment or soldier to a military unit or to a military facility or to a military rescue service (3) (hereinafter referred to as the "service"). By announcing that he is assigned to the unit and that he or she is a retired or a soldier who becomes a soldier in active duty.
(3) The day of release from service (4) and the issue of a military document, a soldier in active duty becomes a soldier out of active duty.
Performance of military active service
(1) A soldier in basic or replacement service and a soldier in reserve called for military training ("soldier") performs military active duty in the Czech Republic according to the needs of the armed forces in the services
(a) the armies of the Czech Republic,
(b) castle guards,
(c) Military police.
(2) A soldier can only be sent abroad to participate in military training and training.
Military oath
A soldier in an essential or alternate service shall take a military oath to:
"I, a soldier of the armed forces, aware of my civic and patriotic duties, solemnly declare that I will be faithful to the Czech Republic.
I will be a soldier brave and disciplined and comply with military regulations. I will learn to control military technology and weapons and prepare to defend the Czech Republic and defend it against external assault.
To defend my country, I'm ready to put my life on the line.
I swear. "
INTERVIEW OF MILITARY ACTIVE SERVICES
MILITARY EMPLOYMENT, SOURCE AND MILITARY STAINBOURS
Military employment
(1) A soldier shall be obliged to participate in a military employment (hereinafter referred to as "employment"), the content of which is military training (5) and the performance of his duties. In carrying out their duties, soldiers shall carry out the tasks of the armed forces on the basis of legal and military regulations and orders.
(2) The equal distribution of the period of employment is determined by the service authority so that the continuous rest days of the week are, as far as possible, Saturday and Sunday. If the nature of the employment so requires, the service authority may lay down the period of employment unevenly.
(3) A soldier is entitled to a break for food and rest after every 6 hours of work, personal leave after termination of employment and a continuous sleep of 8 hours.
(4) The period of employment shall include the service in shift. The duration of the service in the shift shall not exceed 24 hours. A soldier shall be entitled to a lunch and rest break of at least 30 minutes for no more than every 6 hours of duty in the shift. Food and rest breaks count to shift time. Between two shifts, the soldier is entitled to a continuous rest so that there is at least 12 hours between the end of the shift and the beginning of the next job. The service authority may, exceptionally, reduce continuous rest to up to 6 hours during training outside the service or if there is a risk of health, life or property being compromised.
Walk
(1) A soldier shall be entitled to leave the military facility (hereinafter referred to as the "exit") upon termination of his employment, provided that he does not obstruct his duties.
(2) The soldier is obliged to notify the service authority in advance.
(3) A soldier in an essential or alternative service is entitled to leave not earlier than 3 weeks after carrying out a military active service.
(4) The provisions of paragraph 3 shall not apply to soldiers in an essential or alternative service who have been called upon to complete that service.
Military uniform and wearing
(1) A soldier is required to wear a military uniform, military badges and other required equipment. Exemptions from the obligation to wear military uniform may be granted by the service body to the soldier; A soldier must not wear a military uniform on a private trip abroad.
(2) The requirements of the military uniform and its wearing are laid down by the Ministry of Defence (hereinafter referred to as "the Ministry") by decree.
MILITARY STANDARDS AND AMENDMENTS TO MILITARY SERVICES
Military rank
(1) The following rank ("rank") is hereby established:
(a) for the team - private,
(b) for petty officers - a private officer, a corporal and a sergeant.
(2) The seamen who took up military active duty belong to the rank of private. The rank of the private is also for the transferee who has been placed on the reserve because of the waivers of the basic or replacement service. 6)
(3) The rank established for professional soldiers shall apply to Rotmasters, Batmasters, Officers and Generals in advance. 7)
Appointment
(1) A soldier may be appointed to a higher rank if he meets the requirements and a higher rank is planned for the function to which he is assigned. A soldier who carries out a disciplinary prison sentence cannot be appointed to a higher rank.
(2) The appointment of a soldier to a higher rank is authorised by the President, the Minister or any other service body.
(3) A soldier who, during the course of the basic service, is prepared for the performance of a function for which the rank of Rotmasters, Batmasters or officers on standby is planned may be appointed to the first Master's, Battalion's or Officer's rank at the earliest date of inclusion.
Withdrawal and loss of rank
(1) A higher rank shall be withdrawn from a soldier in active duty and out of active duty for a particularly serious intentional breach of his duties.
(2) A higher rank may be withdrawn from a soldier in active duty and out of active duty who has committed serious action contrary to the requirements imposed on the soldier.
(3) The rank of the soldier to whom the higher rank has been removed is the rank of the soldier.
(4) The higher rank of President shall be removed from generals outside active service on a proposal from the Government.
(5) An officer outside active duty shall be removed from office by a senior minister.
(6) The superior rank of the service authority shall be removed from the Ensign, Rotmasters and Petty Officers outside active duty.
(7) A higher seniority shall be removed from the service of the staff of the Petty Officer in the basic service.
(8) A decision to withdraw the higher rank referred to in paragraphs 4 to 6 may be taken within 6 months of the date on which the service authority became aware of the conduct referred to in paragraph 1 or 2, but not later than 1 year from the date on which the hearing took place.
(9) A decision to withdraw a higher rank in accordance with paragraph 7 and a decision to withdraw a higher rank in respect of soldiers called for military training may be taken within 30 days from the date on which the service authority became aware of the conduct referred to in paragraph 1 or 2, but no later than 3 months from the date on which the hearing took place.
(10) Where there is a particularly serious intentional breach of the duties of a soldier by acts for which criminal proceedings are brought against a soldier, the period prescribed for the decision to withdraw the higher rank referred to in paragraphs 8 and 9 shall not end within 4 months of the date on which the judgment or any other decision giving final termination of the criminal proceedings becomes final.
(11) A soldier can appeal against a decision to withdraw a higher rank. The appeal shall be lodged with the nearest superior of the person who has decided to withdraw the higher rank within 15 days of notification of the decision. The Director shall decide on the appeal within 30 days of receipt of the appeal. The appeal has suspensory effect.
(12) An appeal to the President may be made against the Minister's decision to withdraw a higher rank.
(13) There is no appeal against the President's decision.
(14) The provisions of the criminal law on loss of military rank remain unaffected.
Entry into function
(1) A soldier shall be assigned to office in accordance with the needs of the armed forces.
(2) A soldier in the basic service may be temporarily assigned to a vacant post scheduled for a professional soldier for a maximum period of nine months.
(3) Entry into office is decided by the service authority.
Transfer and transfer
(1) A soldier in a basic or replacement service may be transferred to serve as required by the armed forces or on his own request for family, economic or social reasons for another branch of the Army of the Czech Republic.
(2) A soldier in the basic or replacement service may be transferred to the office according to the needs of the armed forces or, at his own request, for family, economic or social reasons from the branch of the Army of the Czech Republic to the branch of the Castle Guard and vice versa.
(3) The request for transfer or transfer for family, economic or social reasons shall be supported by a certificate from the competent authorities.
(4) A soldier in an essential or alternative service shall not be moved and transferred at a time
(a) training in schools or courses;
(b) review procedure (8) and treatment,
(c) disciplinary or criminal proceedings;
(d) the execution of a disciplinary prison sentence.
(5) The transfer and transfer are decided by the service authority.
Dispatch
(1) A soldier may be transferred to another unit for a temporary period of nine months.
(2) A back-up soldier called for military training and a spare-duty soldier may only be taken to another unit for training purposes.
(3) A soldier in a basic or replacement service who has been transferred or transferred to a service for family, economic or social reasons cannot be removed.
(4) The discharge shall be decided by the service authority.
Mission
(1) A soldier may be seconded on a mission to carry out his duties or, for reasons other than those of his post.
(2) The mission of a soldier shall be decided by the service authority.
Evaluation
(1) Evaluation is the basis for decision-making in matters relating to basic or alternative services and military training of soldiers. The evaluation shall be carried out in writing by the service authority.
(2) The content of the assessment is military competence, medical competence, moral quality and personal characteristics of the soldier.
(3) The soldier must be familiar with the assessment.
AUTHORISED
Good holidays
(1) A soldier in the basic service is entitled to a full leave of 28 calendar days in 12 months of the basic service. Proper leave may be taken not earlier than 3 months of service, including in parts.
(2) Proper leave is granted by a service body which is obliged to determine the onset of proper leave in such a way that the soldier can use it up until the end of the basic service; the training needs, the performance of the duties and the requirements of the soldier shall be taken into account.
(3) Proper leave shall be suspended if, at the time of drawing, a soldier is recognised as unfit for work for sickness or injury.
(4) The period of proper leave is included in the period of the basic service.
(5) Entitlement to an unspent due leave or part thereof will cease to exist if the basic service is terminated.
(6) A soldier called upon to complete a basic service is entitled to a proper holiday or to a proportional part of it which he did not use up before the basic service was interrupted. 9)
Special leave
(1) A soldier is entitled to a special leave of 2 calendar days in the event of the death of a parent, husband, spouse, child, sibling, foster parent, adopter and her own wedding. In the event of a natural disaster affecting a soldier or person under the first sentence, a soldier shall be entitled to a special leave of 10 calendar days.
(2) A soldier on a basic duty is granted a special leave of 10 calendar days before being employed as a professional soldier.
(3) The period of special leave shall be counted against the period of basic or replacement service or military exercise.
(4) Reasons establishing entitlement to special leave are the soldier's duty to prove.
(5) Special leave is granted by the service authority.
Non-cash leave
(1) A soldier in the basic service may be granted a leave of up to 30 calendar days, for particularly serious family and personal reasons; the duration of such leave may not exceed 30 calendar days for the entire duration of the basic service.
(2) A soldier in a replacement service may be granted leave without entitlement to cash requirements within 7 calendar days; the duration of such leave may not exceed 7 calendar days for the entire duration of the replacement service.
(3) The period of leave without entitlement to cash shall be counted against the period of basic or replacement service.
(4) A leave without entitlement to cash shall be granted by the service authority.
Medical leave
(1) A basic duty soldier shall be granted a medical leave of up to 30 calendar days, only in exceptional cases on the basis of a decision of the review committee. 8)
(2) The period of medical leave is included in the period of basic service.
CIVIL RIGHTS AND MILITARY RIGHTS
LIMITATION OF CITIZENS 'RIGHTS
Right to express religion or faith freely
A soldier may freely express his religion or faith at a time of personal leave, unless the obligations arising from the performance of military active service prevent this.
Collection and association law
(1) A soldier must not engage in activities for the benefit of political parties and political movements during the exercise of military active service or organise political gatherings and political agitation in military buildings and in the activities of armed forces outside military facilities.
(2) Activities in civil associations and trade unions may be carried out by a soldier only at the time of his personal leave, unless the obligations arising from the exercise of military active service prevent this.
MEMBERS, REPRESENTATIVES, POINTS AND THEIR CLAIMS
Military discipline
Every soldier must obey military discipline, which consists in the proper performance of the duties of a soldier.
Basic duties of a soldier
(1) The soldier is required in particular
(a) prepare to defend the country and to carry out the tasks of the armed forces by training, training and improving physical fitness;
(b) familiarisation with military regulations;
(c) comply with the laws and regulations of the military and follow the orders of the superiors;
(d) maintain the rules of military courtesy;
(e) care for entrusted military material, 10)
(f) comply with the provisions on the protection of classified information;
(g) protect the environment.
(2) A soldier in an essential or alternative service is required to report to the service authority without delay and to document in writing the facts relevant to the military record, in particular the change of surname, address of permanent and temporary residence, the conclusion or divorce of marriage, the retirement and birth or adoption of the child.
(3) If the soldier considers that the order of the superior is contrary to the law, he shall draw the attention of the superior to that fact. If the superior insists on carrying out an order, the soldier is obliged to do it. A soldier is obliged to deny compliance with a superior's orders if he has committed a criminal offence through his execution; report this fact to the senior supervisor without delay.
(4) If, in the performance of military active service, there is an urgent need for action to avert damage occurring in military objects and on military material, the soldier is obliged to intervene; he does not have to do so if he is prevented from doing so by an important circumstance or if he would be seriously threatened by the procedure by himself or by other soldiers and citizens or persons close to himself.
Military disciplinary authority
(1) The power to award disciplinary fees and impose disciplinary penalties is conferred on the President, the Minister or any other service body.
(2) Military disciplinary powers are subject to soldiers in primary or replacement service and soldiers in reserve called for military training.
Disciplinary fees
(1) The disciplinary fees are in particular:
(a) praise;
(b) remission of the disciplinary sentence imposed;
(c) a certificate of approval;
(d) a gift in kind or in cash;
(e) granting an honorary badge;
(f) short-term leave to leave the unit for two calendar days;
(g) extraordinary appointments to a higher rank.
(2) The disciplinary remuneration may be awarded for the exemplary performance of military duties or for the excellent expression of courage.
(3) An excellent expression of courage is meant in particular to show courage in saving life or property.
Exceptional appointment to a higher rank
(1) A soldier may be exceptionally appointed to a higher rank by one rank.
(2) Exceptionally, it is possible to appoint only in the framework of designated ranks for petty officers, Rotmasters, Ensign or officers.
(3) In exceptional cases, a soldier may exceptionally be appointed to a higher rank by a president or minister. The Minister cannot appoint a general.
Disputes
(1) A disciplinary offence is an act which violates military discipline, if not another administrative offence, 11) or is not punishable under criminal law.
(2) A disciplinary offence is also a guilty act designated as an infringement under a specific legislation. 12)
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
ČÁST DRUHÁ
HLAVA I
§ 6
§ 7
§ 8
HLAVA II
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
§ 15
§ 16
HLAVA III
§ 17
§ 18
§ 19
§ 20
ČÁST TŘETÍ
HLAVA I
§ 21
§ 22
HLAVA II
§ 23
§ 24
§ 25
§ 26
§ 27
§ 28
§ 29
HLAVA III
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
ČÁST ČTVRTÁ
§ 43
§ 44
§ 45
ČÁST PÁTÁ
HLAVA I
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
§ 56
HLAVA II
§ 57
§ 58
§ 59
§ 60
§ 61
§ 62
§ 63
§ 64
§ 65
§ 66
§ 67
§ 68
§ 69
HLAVA III
§ 70
§ 71
§ 72
§ 73
ČÁST ŠESTÁ
HLAVA I
§ 74
§ 75
HLAVA II
§ 76
§ 77
§ 78
HLAVA III
§ 79
§ 80
§ 81
§ 82
§ 83
HLAVA IV
§ 83a
HLAVA V
§ 84
§ 85
§ 86
§ 87
§ 88
§ 89
ČÁST SEDMÁ
§ 90
§ 91
§ 92
§ 93
ČÁST OSMÁ
§ 94
§ 95
§ 96
§ 97
§ 98
§ 99
§ 100
§ 101
§ 102
§ 103
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Regulation Information
| Citation | Act No. 220 / 1999 Coll., on the course of basic or replacement service and military exercises and on certain legal ratios of soldiers in reserve |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.10.1999 |
|---|---|
| Effective from | 01.12.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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