Act No. 238 / 1999 Coll.
Act amending Act No. 140 / 1961 Coll., Criminal Act, as amended, Act No. 23 / 1962 Coll., on Hunting, as amended, Act No. 102 / 1963 Coll., on Fishing, as amended, Act No. 130 / 1974 Coll., on State Administration in the Water Economy, as amended, Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended, and Act No. 289 / 1995 Coll., on Forests, and amending and supplementing certain Acts (Forest Act)
Valid
Law
Effective from 01.01.2000
238
THE LAW
of 19 October 1999
amending Act No. 140 / 1961 Coll., Penal Act, as amended, Act No. 23 / 1962 Coll., on Hunting, as amended, Act No. 102 / 1963 Coll., on Fishing, as amended, Act No. 130 / 1974 Coll., on State Administration in Water Management, as amended, Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended, and Act No. 289 / 1995 Coll., on Forests, and amending and supplementing certain laws (Forest Act)
Parliament has decided on this law of the Czech Republic:
Amendment of hunting law
Act No. 23 / 1962 Coll., on hunting, as amended by Act No. 146 / 1971 Coll., Act No. 96 / 1977 Coll., Act No. 143 / 1991 Coll., Act No. 270 / 1992 Coll., Act No. 289 / 1995 Coll. and Act No. 166 / 1999 Coll., are amended as follows:
1. the following words shall be added at the end of Paragraph 16 (4) (e): "or shall not repeatedly submit a proposal for the provision of hunting guards pursuant to Article 20 (3)."
2. Paragraph 20 (2) reads as follows:
"(2) Ensuring the protection of hunting is the responsibility of each user of hunting; in the context of this obligation, the user is also obliged to propose to the district office the provisions of hunting guards for each 500 ha. The application for the provision of hunting guards shall be submitted to the district office within 30 days of the date of the acquisition of the legal power of the decision on recognition of hunting, if the user is the owner of the hunt, or within 30 days of the decision on the approval of the hunting contract or within 30 days of the date on which the user is notified by the district office of revocation of the hunting guard's provisions. ';
3. In Article 20, paragraphs 3 to 12 are added:
"(3) The Thessaloniki Guard shall, on the basis of a proposal from the user, establish a district office within whose territorial competence the latter has submitted a proposal pursuant to paragraph 2. The proposal shall contain the written consent of the person proposed for the provision of hunting guards. Without such consent, the proposal submitted may not be considered as fulfilling the obligation imposed on the user of a chase pursuant to paragraph 2.
(4) A natural person who:
a) is a citizen of the Czech Republic,
(b) is over 21 years of age,
(c) it is fair and fair,
(d) has legal capacity;
(e) is physically, medically and mentally fit for the function of hunting guard,
f) has demonstrated knowledge of the rights and obligations of hunting guards under this law and knowledge of the related regulations;
(g) before the district office, she made a promise to the following text: "I promise that as a hunting guard, I will most carefully and conscientiously perform my duties in the exercise of the protection of hunting, that I will comply with the law in the performance of this activity and do not exceed the authority of the hunting guard."
(h) has a valid hunting ticket and a valid weapons licence.
(5) The County Office will examine its knowledge in accordance with paragraph 4 (f) prior to the provision of a natural person by the hunting guard. The provisions of the Hunting Guard of the District Office shall be implemented by issuing a service badge with a State emblem and a hunting guard card indicating the duration of its validity and scope. The period of validity of the hunting guard card shall be no more than 5 years, and its validity shall end whenever the user's use of the hunting licence has ended, on the proposal of which the hunter guard has been appointed. The scope of the hunting guard cannot be greater than the pursuit of the appellant.
(6) The County Office shall keep records of hunting guards and issued and surrendered service badges and hunting guards.
(7) The Thessaloniki Guard shall notify the District Office of any changes to the conditions referred to in paragraph 4 within 30 days of their occurrence.
(8) The provisions of the hunting guard cease
(a) the expiry of the period for which it has been established;
(b) the cessation of the use of the hunting relationship of the person who submitted the application for a provision;
(c) death of hunting guards, or
(d) the abolition of the provision by the district office.
(9) The County Office shall revoke the provisions of the hunting guard if the natural person has ceased to perform that function, fulfil the conditions laid down in paragraph 4 or it shall be established that it has been established on the basis of incorrect or false data. The County Office may also revoke the provisions of the Hunting Guard for other reasons, at the request of the user of the chase, on its own initiative or at the request of the person designated by the Hunting Guard.
(10) A person whose provisions of the hunting guard have ceased to exist pursuant to paragraph 8 (a), (b) or (d) shall immediately surrender to the district office which has appointed him or her a service badge and a hunting guard card. In the event that the provision has been terminated in accordance with paragraph 8 (c), he shall immediately surrender to the district office a service badge and a hunting guard card remaining from the person appointed by the hunting guard, or another natural person who has a service badge and a hunting guard card in his possession.
(11) General rules on administrative procedures shall not apply to procedures for establishing hunting guards. On the provision of hunting guards or on the abolition of hunting guards, the district office shall be required to notify the user in writing without delay.
(12) The Ministry of Agriculture shall, by decree, establish a model of the service badge with a state emblem and a hunting guard card and details of the assumptions for the function of hunting guard and their verification. '
4. the following Section 20a is inserted after Section 20, including footnotes 6a, 6b and 6c:
(1) Under this law, it is not considered to be fair,
(a) who has been convicted of an intentional offence;
(b) who has been found guilty of committing an offence on the hunting section, 6a)
(c) who has been fined for another administrative offence in the hunting section pursuant to § 38a.
(2) When assessing the integrity of a criminal offence, it shall not be taken into account to eliminate a conviction under a special law. (b)
(3) In order to assess the integrity of a person, the competent district authority will request the issuing of a copy of the Register of Penalties. (c)
6a) Sections 35 and 46 of Act No. 200 / 1990 Coll., on Infringements, as amended.
6b) Sections 69, 70 and 87 of Act No. 140 / 1961 Coll., Criminal Act, as amended. § 363 to 365 of Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended.
6c) § 10 (2) of Act No. 269 / 1994 Coll., on the Register of Penalties. '.
5. In Paragraph 21 (1), the words "in particular 'shall be deleted at the beginning of the sentence and in point (a).
6. in Article 21 (1) (a), the following shall be inserted after the words "In such cases, it shall be entitled": "to require the persons caught to present a hunting ticket and a hunting permit, to stop and inspect in a chase and on special purpose roads in the country (6d) means of transport, including carried baggage, if there are reasonable grounds for suspecting that they are transporting or containing illegally acquired animals, and to require the production of a document of its legitimate acquisition."
7. footnote 6 (d) shall read as follows:
"6d) § 7 of Act No. 13 / 1997 Coll., on Road. '.
8. in Article 21 (1) (d), the dot at the end is replaced by a comma and the following points (e) and (f) are added:
"(e) require the assistance or cooperation of the authorities of the Czech Police and, where appropriate, the municipal police, if they are unable to carry out their duties by themselves and by means,
(f) impose and collect fines in block proceedings for offences under special legislation. (e)
6e) Act No. 200 / 1990 Coll., as amended. '
9. In Article 21, the following paragraph 4 is added:
"(4) The inspection of means of transport and baggage referred to in paragraph 1 shall not pursue any interest other than to determine whether there is any illegal game in such means and baggage. ';
10. the following Sections 21a and 21b are inserted after Section 21:
(1) In the course of its activities, the Muse Guard shall:
a) Prove with a hunting guard card and wear a service badge;
(b) to supervise compliance with hunting protection obligations (§ 20);
(c) to notify immediately identified defects, defects and damage, depending on their nature, to the user of the chase or to the authority which appointed it or, in urgent cases, to the authorities of the Police of the Czech Republic or to the competent authorities of the administration.
(2) The hunting guard is required to provide a hunting guard card and a service badge against misuse, loss and theft.
(1) The State is responsible for the damage to the person who provided assistance to the hunting guard at his or her request or with his or her knowledge (the injured party). The State may waive this liability only if it is liable to damage it intentionally.
(2) If the injured party has suffered injury or death, the extent and amount of compensation shall be determined in accordance with the rules on compensation for accidents at work for workers.
(3) The State is also liable for damage caused to the injured party in connection with the provision of such assistance. In so doing, the actual damage shall be recovered by stating in the previous situation; where this is not possible or expedient, it shall be paid in cash. The injured party may also be granted compensation for the costs of acquiring a new case by compensation for the injured party.
(4) The State is also responsible for the damage caused by the person in connection with the assistance provided to the hunting guard.
(5) The State is also liable, mutatis mutandis, pursuant to paragraphs 2 and 3, for damage caused to the hunting guard in connection with the performance of its tasks.
(6) The State is also responsible for damage caused by the hunting guard in connection with the performance of its tasks; This shall not apply where the damage is caused to a person who has caused a legitimate and proportionate action by his infringement.
(7) The compensation is provided on behalf of the State by the district authority which appointed the hunting guard. '
11. in Article 38a (1) (f), the dot at the end is replaced by a comma and the following points (g), (h) and (i) are added:
"(g) a user who does not submit a proposal to the district office for the provision of hunting guards pursuant to Article 20 (2);
(h) a person who does not surrender his service badge and hunting guard card to the district office pursuant to § 20 (10);
(i) any person who loses, alienates, damages or makes use of a hunting guard card or service badge. ';
Amendment of the Nature and Landscape Conservation Act
Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended by the Act of the Bureau of the Czech National Council No. 347 / 1992 Coll., Act No. 289 / 1995 Coll., the finding of the Constitutional Court No. 3 / 1997 Coll., Act No. 16 / 1997 Coll., Act No. 123 / 1998 Coll. and Act No. 161 / 1999 Coll., is amended as follows:
1. In Paragraph 81, the following paragraphs 3 to 7 are inserted after paragraph 2:
"(3) The nature guard may be appointed by a natural person who:
a) is a citizen of the Czech Republic,
(b) is over 21 years of age,
(c) has not been convicted of an intentional offence;
(d) has legal capacity;
(e) is medically fit;
(f) has demonstrated knowledge of the nature guard's rights and obligations under this law and knowledge of the related regulations;
(g) before the district office or administration, she made a promise to the following text: "I promise that, as a nature guard, I will be most careful and conscientious in carrying out the duties of monitoring compliance with the rules on nature and landscape protection, that I will comply with the legislation in the performance of this activity and will not exceed the authority of the responsible nature guard."
(4) Nature guards will be issued by the district office and administration of a service badge with a state emblem and a Nature Guard card. At the same time, the nature guard's licence shall specify its scope. The county office and administration keep records of nature guards.
(5) The nature guard shall notify the district office or administration within 30 days of the occurrence of any changes to the conditions referred to in paragraph 3.
(6) The County Office or the administration of the provisions of the Nature Guard shall, where a natural person has ceased to perform that function, fulfil the conditions laid down in paragraph 3 or it shall be established that it has been established on the basis of incorrect or false data. The County Office or Administration may also revoke the provisions of the Nature Guard on its own initiative for other reasons or at the request of the person designated by the Nature Guard. The person with whom the district office or administration has revoked the provisions of the nature guard shall immediately surrender the service badge and nature guard card to that district office.
(7) General rules on administrative procedures shall not apply to procedures for the establishment of nature guards. ';
Paragraphs 3 to 5 shall be renumbered paragraphs 8 to 10.
2. In Paragraph 81 (8) (c), at the end of the dot, the following points (d) and (e) are added:
"(d) detain the person caught in violation of legislation on the conservation of nature and landscape in order to establish the identity and surrender it to the authority of the Czech Police; persons caught are obliged to obey,
(e) request assistance or cooperation from the authorities of the Czech Police or municipal police, if they are unable to carry out their duties by themselves and by means. "
3. In Paragraph 81 (10), the words "generally binding legislation 'are replaced by the words" decree' and the following sentence is added: "The Ministry of the Environment also provides for a model of the service badge with a state emblem and a nature guard card in that decree. '.
4. the following Sections 81a and 81b are inserted after Section 81:
Nature guard is obliged in his work
(a) prove themselves with a Nature Guard card and wear a service badge;
(b) ensure compliance with the obligations relating to the monitoring of compliance with the provisions on nature and landscape conservation;
(c) notify the authorities of the Czech Police or the competent authorities of the state administration of the defects, deficiencies and damage detected urgently.
(1) The State is responsible for the damage to the person who provided assistance to the guard of nature at his request or with his knowledge (the injured party). The State may waive this liability only if it is liable to damage it intentionally.
(2) If the injured party has suffered injury or death, the extent and amount of compensation shall be determined in accordance with the rules on compensation for accidents at work for workers.
(3) The State is also liable for damage caused to the injured party in connection with the provision of such assistance. In so doing, the actual damage shall be recovered by stating in the previous situation; where this is not possible or expedient, it shall be paid in cash. The injured party may also be granted compensation for the costs of acquiring a new case by compensation for the injured party.
(4) The State is also responsible for the damage caused by the person in connection with the assistance provided to the guard of nature.
(5) The State is also liable, mutatis mutandis, pursuant to paragraphs 2 and 3, for damage caused to the guard of nature in connection with the performance of its tasks.
(6) The State is also responsible for damage caused by the guard of nature in connection with the performance of its tasks; This shall not apply where the damage is caused to a person who has caused a legitimate and proportionate action by his infringement.
(7) The compensation is granted on behalf of the State by the body which has appointed the nature guard. "
Amendment of forest law
Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act) is amended as follows:
1. In Paragraph 38, the following sentence is added at the end of paragraph 6: "The person with whom a forest authority has abolished the provisions of the forest guards shall be required to immediately hand over the service badge and forest guard card to that authority. '.
2. In Paragraph 38, the following sentence is added at the end of paragraph 7: "This Regulation also sets out the details of the assumptions for the performance and verification of the forest guard function. '.
3. In Paragraph 39 (1) (b), the dot at the end is replaced by a comma and the following point (c) is added:
"(c) to notify immediately identified defects, defects and damage according to their nature, either to the owner or user of the forest or to the authority which established it or, in urgent cases, to the authorities of the Police of the Czech Republic or to the competent authorities of the administration."
4. In Paragraph 39 (2) (c), the dot at the end is replaced by a comma and the following point (d) is added:
"(d) require assistance or cooperation from the authorities of the Police of the Czech Republic and, where appropriate, from the municipal police, if they cannot carry out their duties by themselves and by means."
5. The following Section 39a is inserted after Section 39:
(1) The State is responsible for the damage to the person who provided assistance to the forest guard at his request or with his knowledge (the injured party). The State may waive this liability only if it is liable to damage it intentionally.
(2) If the injured party has suffered injury or death, the extent and amount of compensation shall be determined in accordance with the rules on compensation for accidents at work for workers.
(3) The State is also liable for damage caused to the injured party in connection with the provision of such assistance. In so doing, the actual damage shall be recovered by stating in the previous situation; where this is not possible or expedient, it shall be paid in cash. The injured party may also be granted compensation for the costs of acquiring a new case by compensation for the injured party.
(4) The State is also responsible for the damage caused by the person in connection with assistance provided to the forest guard.
(5) The State is also liable, mutatis mutandis, pursuant to paragraphs 2 and 3, for damage caused to the forest guard in connection with the performance of its tasks.
(6) The State is also responsible for damage caused by the forest guard in the context of the performance of its tasks; This shall not apply where the damage is caused to a person who has caused a legitimate and proportionate action by his infringement.
(7) The compensation referred to in paragraphs 1 to 6 shall be granted on behalf of the State by the authority of the State administration of the forests which has appointed the forest guard to whom the compensation is to be paid. ';
TRANSITIONAL PROVISIONS
1. The hunting, fishing, forest and water guards and nature guards established under existing legislation shall be deemed to be guards established under this law from the date of application of this law.
2. Members of hunting, fishing, forest and water guards and nature guards shall comply with the provisions of existing legislation, the competent authorities of the state administration and the local authorities shall comply with the obligations and requirements laid down by this law no later than 6 months after the date of application of this law; otherwise the provisions of these guards shall cease to exist on that date. The provisions of this Act shall cease to apply even if their members do not fulfil the conditions of age, citizenship of the Czech Republic, integrity, legal capacity or medical fitness laid down by this Act at the date of its effectiveness.
3. Proceedings initiated prior to the application of this law shall be completed in accordance with existing legislation.
EFFECTIVE
This Act shall take effect on 1 January 2000.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 238 / 1999 Coll., amending Act No. 140 / 1961 Coll., Criminal Act, as amended, Act No. 23 / 1962 Coll., on Hunting, as amended, Act No. 102 / 1963 Coll., on Fishing, as amended, Act No. 130 / 1974 Coll., on State Administration in the Water Economy, as amended, Act No. 114 / 1992 Coll., on Nature and Landscape Protection, as amended, and Act No. 289 / 1995 Coll., on Forestry and on Amendment and Addition of Certain Laws (Forest Act) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.11.1999 |
|---|---|
| Effective from | 01.01.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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