Government Decree No 222 / 1949 Coll.
Regulation on economic security of the Orthodox Church
Valid
Effective from 01.11.1949
222.
Government Regulation
of 18 October 1949
on the economic security of the Orthodox Church.
According to the Act of 14 October 1949, No. 218 Coll., on economic security of churches and religious societies, the Government of the Czechoslovak Republic hereby orders:
(1) Spiritual persons are employees of the Church; their competence shall be assessed by the competent church body.
(2) The state provides the personal benefits of the clergy when, with its consent, it operates in spiritual administration, church administration or institutions for spiritual education.
(1) Spiritual working in spiritual administration is a secular or religious clergyman (priest and deacon) who, with the consent of the state, performs either a separate spiritual administration in a particular church village in a place set up with state consent.
(2) Spiritual administration means the spiritual care of members of the Orthodox Church of a church, as well as the performance of the church's tasks.
(3) Helpful clerics can be established if they require spiritual care needs (the extent of the church community, the number of members of the church community, pastoral services in public institutions, e.g. hospitals etc.).
Spiritual practitioners working in the church administration are spiritual employed with the consent of the state on the Eparchial and Exarchate Council and its trade unions in places established with state approval.
Spiritual practitioners working in institutions for spiritual education are spiritual practitioners acting with the consent of the state as teachers of the eparchial, exarchate and monasteries of the religious schools and as practitioners in religious spiritual seminars in places set up with state approval.
(1) The places established with the consent of the State shall be deemed to be those places which the State Church Office shall declare to be such after hearing the competent church body.
(2) The establishment of new posts requires the approval of the State Office for Church Affairs in an agreement with the Ministry of Finance.
Spiritual persons who are otherwise engaged than those referred to in Paragraph 1 (2) may, in agreement with the Ministry of Finance, grant personal benefits if they so request in writing.
(1) Only clerics, who are Czechoslovak citizens, are legally reliable, clean and otherwise comply with the general conditions for admission to the public service, may be engaged in places set up with national consent and personal benefits under this Regulation.
(2) In cases of special consideration, the State Office for Religious Matters authorises a derogation in respect of Czechoslovak citizenship, at the request of a spiritual or competent church body or by authority.
(1) The personal benefits of the clerics referred to in § 1 (2) constitute the basic salary, the value allowance and the remuneration for higher performance. They shall be paid in the same way as the service income of civil servants.
(2) A worthy addition may be granted to clerics who hold an office with special responsibility. The extra workload of the clergyman, his public activities and his contribution to the building effort of the working people may be assessed by a reward for higher performance.
(3) The basic salary is reduced by a different permanent income, which the cleric enjoys from public funds. This provision shall not apply to the remuneration for spiritual care in public institutions, to the remuneration for teaching religion in schools, to the salaries of members of government, to the board of delegates, to the National Assembly, to the Slovak National Council and to the remuneration of members of national committees.
Spiritual benefits for children belong to their own, to their own, to their own, to their own, to their own, to their adopted, to their own, to their grandchildren, mutatis mutandis, in accordance with the rules applicable to civil servants.
(1) Spiritual expenses include the reimbursement of travel, removal and other expenses for essential business trips, mutatis mutandis, in accordance with the rules applicable to civil servants.
(2) The routes are to be notified in advance to the district national committee of permanent official offices, excluding routes which will not be delayed.
(3) Travel accounts shall be submitted on a monthly basis to the District National Committee in order to amend them and to submit them to the Regional National Committee for a refund decision.
(1) Spiritual practitioners are required to teach religion in first and second level schools free of charge, unless a special religion teacher is provided in the church community.
(1) Spiritual persons and their family members are entitled to pension insurance mutatis mutandis under the rules applicable to civil servants.
(2) The pension base consists of 75% of the last basic salary achieved and the value added.
(1) Any spiritual activity may be performed by religious officials only with the consent of the State.
(2) The state consent of the clergyman will require his permanent residence from the Regional National Committee, following through the State Office for Religious Matters (the Third Scale of Spiritual) or from the Government (the Third Scale of Spiritual).
(1) Any provision (choice, appointment) of a clergyman to a place set up with state consent requires the prior consent of the State.
(2) The prior State approval shall be as follows:
(a) when appointing clerics, the competent church authority shall seek the state approval of the auxiliary spiritual and spiritual I and II scale from the regional national committee, to which the vacancy belongs, the spiritual III scale from the State Church and the spiritual IV scale from the government;
(b) when choosing the auxiliary spiritual and spiritual scale I and II, the candidate of the clergyman from the regional national committee, whose perimeter the vacancy in question belongs;
(c) in choosing the third scale of the clergy, request the state consent of the State Office for Religious Affairs, either the candidate spiritual himself or the competent church body;
(d) when choosing the fourth spiritual scale, the head office of the Church shall seek the government's approval of all candidates who have been proposed or are seeking election by the competent church body. The Government can only refuse consent for political objections against a candidate.
(3) If the State authority responsible under paragraph 2 does not raise objections to the proposed spiritual person within 30 days, the spiritual person may be appointed, after being elected. State approval may be granted to several candidates at the same time.
(4) The execution of the election and the outcome thereof shall be notified within 14 days by the competent church body to the State body which has given its consent to the nomination.
(1) The provision of a clergyman without state consent results in the clergyman not being given personal pleasure and the place is considered to be empty.
(2) If the spiritual competence for a provision within the meaning of Article 7 (1) is lost, the authority responsible under Article 17 (2) shall examine the case with the competent church authority; If no correction is made within 14 days, he shall request that the competent church body of the clergyman be removed and decide at the same time if the minister's payment of personal benefits is not to be stopped. If the church body does not comply with the request for the removal of the clergyman within 30 days, the place shall be deemed to be empty.
(3) Empty seats shall be occupied within a maximum of 30 days; after the expiry of this period, the State may take the measures necessary to ensure the proper functioning of the spiritual administration, church administration or spiritual education. In justified cases, the Ministry of the Church may exceptionally authorise an extension of the deadline.
(1) A precondition for carrying out spiritual activity is the composition of the pledge of allegiance to the Czechoslovak Republic.
(2) The promise is: "I promise in my honour and conscience that I will be faithful to the Czechoslovak Republic and its popular democratic establishment and that I will do nothing against its interests, security and integrity. As a citizen of a people's democratic state, I will fulfil the conscientious obligations that arise from my position, and I will do my best to support building efforts towards the welfare of the people."
(3) This promise is placed in the hands of the deputy minister and the minister of the first scale in the hands of the chairman of the district national committee, the spiritual second scale in the hands of the chairman of the regional national committee, the spiritual third scale in the hands of the minister responsible for the administration of the state office for church matters, and the spiritual IV scale in the hands of the prime minister.
(1) Each of the clergy is covered by a regional national committee with a record sheet in which personal data are entered, which is responsible for the service relationship, for the granting and distribution of personal benefits and for entitlement to social benefits.
(2) The Ministry shall report these data as soon as it has been established for the first time and shall notify any changes concerning its service.
(1) The personal benefits provided for in this Regulation shall replace all current permanent benefits derived from, or in connection with, the profession of the clerics, or from State resources, or from public funds in accordance with existing legislation, as well as any individual personal allowances, support, assistance or remuneration.
(2) Paragraph 1 shall not apply to the salaries and remuneration referred to in the second sentence of Paragraph 9 (3).
(1) The State pays the Church the proper costs in kind and the costs of the provision of work by persons who are not spiritual.
(2) The State shall provide specific assistance for exceptional costs in kind where justified.
(1) The costs in kind are those of worship and those of administration.
(2) The costs of religious servants are those of church buildings, religious facilities and acts of worship.
(3) Administrative costs are those relating to the operation of church offices.
(1) Good costs are regular costs each year. These include the cost of routine maintenance repairs of buildings and internal equipment.
(2) Exceptional costs are investment in construction and non-construction, costly restoration of internal equipment and such.
(1) The amount of the proper costs in kind is examined within the framework of the exarchate on the basis of the sub-budgets and the accounts of each church component.
(2) The budgets must be drawn up in accordance with the principles of the State budget, in which case they must ensure total austerity. Further instructions for the establishment of budgets and final accounts shall be issued by the State Church Office in agreement with the Ministry of Finance.
(3) Of the sub-budgets of the individual components, the Exarchate Council shall draw up the overall budget for the following year, which it shall submit to the State Office for Religious Affairs by the end of March of the current year for approval, together with an equivalent final account drawn up for the last year.
(4) For 1950, the budget must be submitted by 15 November 1949.
(1) On the basis of the budgets submitted and the accounts submitted, the State Office for Religious Affairs will determine the amount necessary to cover the actual needs of the Church.
(2) The real need is the difference between the total annual issue and income.
(3) The revenue shall include the proceeds of all immovable and movable property, irrespective of whether it has been used to cover the costs of personal or in-kind property, the proceeds of all property rights, as well as the religious tax, collections, gifts, inheritance, references and any other income, except voluntary contributions in church operations.
(4) In order to obtain the basis for determining the income referred to in the preceding paragraph, the Exarchate Council shall make an inventory of all the assets and property rights of all the church components, including individual communities, institutes, foundations and funds.
(5) The inventories of the property will be presented by the Exarchate Council by 31 January 1950 to the Ministry of the Church, to which it will regularly report changes in the state of the property on 31 December of each year.
The state oversees church property by examining church management and reserving prior approval of all important property legal acts concerning that property. The exercise of the powers of the various bodies shall be regulated by the State Office of the Church.
(1) Special assistance for exceptional costs in kind is requested by the individual church bodies of the State Church Office through the Exarchate Council.
(2) Applications must be accompanied by such documents as would indicate that the need is necessary, that they are satisfied economically and that they are remembered in the single economic plan.
Any obligations to contribute to the purposes of the Church, its components, communities, institutes, foundations, churches and funds, based on any legal grounds or long-standing practice, shall cease to exist except for the obligations of members of the Church arising from the establishment of a State-approved body.
(1) The institutions for the upbringing of spirituals are the Exarchate, Eparchial and Monastering Bohoslovka schools and spiritual seminars.
(2) The State pays their personal and material costs.
This Regulation shall enter into force on 1 November 1949; they shall be carried out by the Minister responsible for the administration of the State Office for Church Affairs in agreement with the Minister for Finance.
Zaporocký v. r.
Dr Cap v. r.
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Regulation Information
| Citation | Government Decree No 222 / 1949 Coll., on Economic Security of the Church Orthodox State |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.10.1949 |
|---|---|
| Effective from | 01.11.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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