Act No. 248 / 2017 Coll.
Act amending Act No. 553 / 1991 Coll., on Municipal Police, as amended
Valid
Law
Effective from 01.01.2018
Text versions:
01.01.2018
18.08.2017
248
THE LAW
of 19 July 2017
amending Act No. 553 / 1991 Coll., on Municipal Police, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 553 / 1991 Coll., on municipal police, as amended by Act No. 67 / 1993 Coll., Act No. 163 / 1993 Coll., Act No. 82 / 1995 Coll., Act No. 153 / 1995 Coll., Act No. 132 / 2000 Coll., Act No. 311 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 267 / 2006 Coll., Act No. 142 / 2012 Coll., Act No. 494 / 2012 Coll., Act No. 303 / 2013 Coll., Act No. 64 / 2014 Coll., Act No. 204 / 2015 Coll.
1. paragraphs 3a to 3c, including the title, read:
(1) A municipality or municipalities which have not set up the municipal police may conclude a public contract with another municipality in the same higher territorial authority unit (county) which has established the municipal police, on the basis of which the municipal police of that municipality will carry out the tasks provided for by this or by a special law in the territory of the municipality or municipalities which have not established the municipal police and are parties to this Treaty.
(2) The public contract referred to in paragraph 1 requires the consent of the Regional Office to conclude or amend its content. The Regional Authority shall decide on the granting of the consent.
(1) In order to carry out the tasks referred to in Article 2 or under a special law in the territory of a municipality where a state of danger, an emergency or a state of emergency (hereinafter referred to as "emergency") (6) is declared, or where an accessible public event, cultural or similar, is organised, in respect of which more than one person may be expected to be present, the mayor of a municipality in whose territory a state of emergency or a social event is organised, is entitled to conclude with the mayor of another municipality a public contract for the provision of officers.
(2) The mayor of the municipality in whose territory the emergency state is declared shall inform the county captain in whose territory the municipality is located of the conclusion of the public contract referred to in paragraph 1; where a social event is organised in the territory of the municipality, the mayor of the municipality shall inform the regional authority of the region in whose territory the municipality is located of the conclusion of the public contract.
Common provisions on public contracts
(1) The activity of officers who, under a public contract pursuant to Article 3a or 3b, perform tasks in the territory of another municipality shall be governed by the mayor of that municipality, unless otherwise agreed by the mayors of the municipalities concerned.
(2) The public contract provided for in Article 3a or 3b contains in particular:
(a) the names of the municipalities which are Contracting Parties;
(b) the provision of the law under which it is concluded;
(c) the number of officers to carry out tasks in the territory of another municipality under this Treaty;
(d) the period during which officers are to carry out their duties in the territory of another municipality;
(e) the method of reimbursement of the costs of carrying out the duties of officers in the territory of another municipality; and
(f) the definition of specific activities carried out by officers in the territory of another municipality.
(3) Municipality parties to a public contract may also lay down conditions for the mutual settlement of rights and obligations arising from any liability for damage caused in connection with the performance of the duties of officers in the territory of another municipality.
(4) Officers who, under a public contract pursuant to Article 3a or 3b, carry out tasks in the territory of another municipality are authorised to carry out these tasks by written delegation issued by the Mayor of the municipality in whose territory they perform those tasks.
(5) The written delegation shall contain the information referred to in paragraph 2 (a), (b), (d) and (f) and shall cease to be valid under public law. "
2. in Paragraph 4 (1) (c), "21" is replaced by "18."
3. Sections 4d and 4e, including the headings, read:
Professional competence of the candidate
(1) The technical competence of the candidate shall be verified by the examination panel of the Ministry in the form of an examination. The examination committee of the Ministry shall be composed of the President and other members. Membership of the Examination Board shall be subject to higher education in the areas covered by the professional assumptions of the officer verified in accordance with paragraph 4.
(2) The application for the test is submitted by the municipality.
(3) Before the exam, the municipality is obliged to provide a candidate's training in an educational establishment with accreditation of the Ministry of Education, Youth and Sports for preparation for the activities of a municipal police officer. The municipality is also required to provide the candidate with training to use coercive devices and to implement the authorisation under this or special law ("training ') before the test. The training shall be carried out in the establishment according to the first sentence or shall be carried out by the police by agreement between the municipality and the police. The equipment referred to in the first sentence or the police issue a certificate of training to the candidate, which is a condition for the candidate to pass the proficiency test. The costs of training and training shall be borne by the municipality.
(4) The test shall be carried out on one day and shall consist of two separate parts performed and evaluated.
(a) a written test to verify the legal knowledge to the extent necessary for the performance of the tasks of the municipal police;
(b) an oral interview to verify the competence of the application of theoretical knowledge.
(5) The candidate successfully performs the test by fulfilling the conditions of both parts of the test.
(6) If the candidate fails the examination, the Ministry shall send the test report to the municipality indicating these facts. The candidate is entitled to repeat the exam twice without applying. The date of the re-examination shall be determined by the Ministry in such a way as to take place not earlier than a month and not more than three months after the date of the re-examination. The date and place of the repeated examination shall be communicated by the Ministry to the municipality at least 15 days in advance.
(7) In the event that the candidate fails even in the second repetition of the examination, the Ministry shall set the date of the next examination not earlier than 12 months after the date of the last failed examination.
Professional competence of the officer
(1) The professional competence of an officer before the examination board of the Ministry pursuant to Article 4d (1) shall be verified by examination three times. The application for the test shall be submitted by the municipality no later than 3 months before the expiry of the certificate. Paragraph 4d (3) to (7) shall apply mutatis mutandis.
(2) After completing four proficiency tests, the municipality is required to provide training and training of an officer in an educational establishment with accreditation of the Ministry of Education, Youth and Sports to prepare for the activities of an officer of the municipal police.
(3) The training establishment referred to in paragraph 2 shall issue a certificate of training and training to the officer. ';
4. The following Sections 4f to 4h are inserted after Section 4e, including the headings:
Certification
(1) The certificate is issued by the Ministry to the officer for a period of 5 years if he has passed the test successfully.
(2) Upon successful completion of the fourth test, the Ministry shall issue an indefinite certificate to the officer.
(3) If a change of the officer's personal data contained in the certificate or following the termination of the officer's employment relationship takes place within a period of 3 months, the Ministry shall, at the request of the officer, issue a new copy of the certificate indicating those changes to the personal data or to the name of the municipality concerned within 15 days of their notification.
Review of officer competence
The Ministry shall invite the officer to examine the professional competence at the time of validity of the certificate before the Examination Committee of the Ministry if, on his own initiative or at the initiative of the municipality, he has reasonable doubt that the officer is competent. In the event that the officer fails the examination even after its second repetition, the Ministry shall determine the date of the examination not earlier than 12 months after the date of the last failed examination. Paragraph 4d (6) and (7) shall apply mutatis mutandis in this case.
The Ministry shall determine by decree:
(a) the extent of the technical assumptions of the candidate and officer;
(b) the test schedule;
(c) the particulars of the application for the test;
(d) the extent of the training of the candidate and officer;
(e) details of the test report; and
(f) the particulars of the certificate. ';
5. Paragraph 5 (2) and (3) reads as follows:
"(2) The Ministry shall also withdraw the certificate from the officer if the officer does not appear at the request of the Ministry to examine the competence under § 4g without an apology.
(3) The certificate expires
(a) the date on which the decision on the loss of citizenship of the Czech Republic becomes final or the date on which the decision of the court on the restriction of jurisdiction becomes final;
(b) the expiry of the period referred to in Article 4f (1);
(c) termination of an officer's employment; This does not apply if there is a new officer's employment relationship within 3 months,
(d) the date on which the test fails even after its second repetition in accordance with § 4d (7) or § 4g; or
(e) the date on which the decision to withdraw the certificate became final. "
6. Paragraph 5a (3) reads as follows:
"(3) In addition, the municipality shall be entitled to transfer an officer to perform the work of a candidate or other member of staff of the municipality if he fails to:
(a) in the course of the training referred to in Article 4d (3) or in the second repetition of the examination referred to in Article 4d (7), pending the successful completion of the training or examination; or
(b) in the second repetition of the test according to § 4g, until successful completion of the test. ';
Transitional provisions
1. On the date of entry into force of this Act, the Officer who is in employment with the Municipality has passed a proficiency test five times before the Ministry's Examination Committee and holds a valid certificate, the Ministry shall issue an indefinite certificate in the next test.
2. Similar facilities of the municipal police pursuant to § 4d (3) of Act No. 553 / 1991 Coll., on the municipal police, as effective before the date of entry into force of this Act, may provide training and training for the candidate or officer for two years after the entry into force of this Act. If, until then, the accreditation of the Ministry of Education, Youth and Sports for preparation for the activities of a municipal police officer has not been obtained, the training and training carried out shall not be considered as training and training under this law.
Efficacy
This Law shall enter into force on 1 January 2018.
v. Vondracek v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 248 / 2017 Coll., amending Act No. 553 / 1991 Coll., on Municipal Police, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.08.2017 |
|---|---|
| Effective from | 01.01.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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