Act No. 255 / 1946 Coll.
Law on Czechoslovak military members abroad and on certain other participants in the national struggle for liberation
Valid
Effective from 18.06.1946
255.
Law
of 19 December 1946
members of the Czechoslovak army abroad and some other participants in the national liberation struggle.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
(1) A participant in the national exemption fight is:
1. who between 1939 and 1945
(a) he was a member of the Czechoslovak army abroad or served in it under the conditions set out in Paragraph 2 (1), (2);
(b) served in the Allied Army;
c) was a member of the first Czechoslovak army in Slovakia,
d) was a Czechoslovak guerilla (§ 1 of the Act of 14 February 1946, No. 34 Coll., defining the term "Czechoslovak guerilla"),
e) participated for at least 3 months in the continuous activities of the foreign or domestic movement, heading directly towards the liberation of the Czechoslovak Republic or the Slovak National Rebellion, perhaps for a shorter period, in such a way that it caused or was demonstrably capable of causing harm to his or his or her family,
f) participated in the uprising in May 1945, during which he fell or was badly wounded or suffered a severe health disorder,
(g) was a Czechoslovak political prisoner,
2. who was a Czechoslovak volunteer in Spain between 1936 and 1939.
(2) Like the participants in the national struggle for liberation, members of the state's defence guard set up by the Government Decree of 23 October 1938, No 270 Coll., on the State's defence guard, who, in 1938, suffered injury to life, personal freedom or health in relation to the fight against hostile anti-state activities in the border.
(3) The characteristics of the persons referred to in paragraphs 1 and 2 cannot be acquired even if they fulfil the conditions of those paragraphs,
(a) who served in the enemy army or participated in an otherwise hostile war business against the allies, excluding service in the army. in cases of special consideration, the Minister for Defence may authorise an exemption from this provision;
(b) who has been the head of the National Workers' Trade Union, the Centre of Public Employees, the Union of Agriculture and Forestry or the Hlinkova Slovak JUDE Party, if they have not used this place to act particularly relevant in the national struggle for liberation, or who has voluntarily been a member of the Association for Cooperation with Germans, the Czech Union of Warriors, the Family Defence, the Flags, the Czech League against Bolshevism, the German-Czech Society, the Kuratorios for Youth Education in Bohemia and Moravia, the Hlink Guard, the German-Slovak Society, the Hlinka Youth or other fascist Organisations of a similar nature, intended to spread of Nazi ideology and to maintain the power status of Germans and Hungers,
(c) who has been entrusted with a post in public service by the occupants or their handlers, but who has used this post for activities of particular importance in the national struggle for liberation, or who have been in the army of the Slovak State until 29 August 1944,
(d) who has taken the lead in the war industry, working for the German or Hungarian army, or who has performed fortifications for the Germans or Hungarians without being forced to do these activities and who has not been able to avoid them, or who has been enriched in the context of conditions of infreedom;
(e) who, directly or indirectly, even if not a member of a particular organisation referred to in (b), has engaged in any activity against the Slovak national uprising, or has supported, or defended, his actions or words, the regime of Nazis, fascists, traitors and collaborators, or has manifested itself as a person of anti-democratic or anti-popular or stateless or of a national or unreliable;
(f) who is a German or Hungarian national, but who has never been guilty against a nation of the Czech and Slovak Republic or against the independence of the Czechoslovak Republic and has voluntarily participated in the national struggle for liberation, in the manner set out in § 1, paragraph 1, no 1, point (a), (d), (e) and (g).
(4) Paragraphs 1, 1, (b) to (g), 2 and 2 apply only to Czechoslovak nationals.
(1) Under this law,
1. member of the Czechoslovak army abroad, i.e. Czechoslovak military units established between 1939 and 1945 outside the territory of the Czechoslovak Republic: who volunteered to join this army no later than 6 October 1944,
(a) if he did so on the first occasion, including where the entry took place before 31 December 1941 or was involved in fighting in a field service or was killed or badly injured in connection with the performance of military service; and
(b) has not left the service in this army, but has, as a result of demobilisation or after a superconduct procedure or as decided by the Czechoslovak authorities, been released abroad for any other branch of the service, but has only been so released if they have performed an active service for at least six months or have participated in field fighting;
2. the person who served in the Czechoslovak army abroad under the following provision: who joined the army after 6 October 1944, if he did so on the first occasion and in addition participated in the fighting in the field department or was killed or badly wounded in connection with the performance of the military service and did not leave the service in that army, but as a result of demobilisation or superdration proceedings;
3. the person who served in the Allied Army: who joined the Allied Army before 5 May 1945 voluntarily, could not serve in the Czechoslovak army abroad on grounds of his or her will, or if the competent Czechoslovak authorities had given their consent to join the Allied Army and if they were satisfied with it - excluding the jurisdiction of the Czechoslovak army abroad - mutatis mutandis the conditions referred to under No 1 (a) and (b);
4. member of the first Czechoslovak army in Slovakia: who entered the service on 28 October 1944 at the latest and remained in combat or in active resistance against the occupants until liberation, but that
(a) in connection with the performance of the service he lost his life or for injury he could not continue to fight; or
(b) has fallen into captivity in combat; or
c) he joined active service in the first Czechoslovak army corps from the USSR on the first occasion and took part in the field fighting,
5. Czechoslovak political prisoner: who, between 15 March 1939 and 4 May 1945, was confined to personal freedom by imprisonment, internment, detention or otherwise for anti-fascist combat or political activity directed directly against Nazi or fascist occupants, their henchmen or traitors of a nation of Czech or Slovak or because of persecution of political, national, racial or religious persons, has endured restrictions on personal freedom for at least 3 months, or a shorter period, but has suffered injury to health or to the body of a more serious nature or died as a result of restrictions on personal freedom;
6th Czechoslovak volunteer in Spain: who, between 19 July 1936 and 28 March 1939 in Spain, participated in the war against fascism as a volunteer for the Spanish Republican People's Army (International Brigades).
(2) Negotiations under paragraphs 15, 1, (a) to (d) and (h) of Article 15, 1, (a), (d) and (h) shall be considered as entering the services referred to in paragraphs 1, 1, 1, (a) and (d) of Article 1 (2), as well as the Spanish Republican People's Army (international brigades).
(1) The participants in the national exemption fight are reserved for one half of the post in the service
(a) the State, the volumes of the local authorities and all other public corporations and foundations,
(b) the institutes, undertakings, funds and establishments belonging to or managed by the bodies referred to in (a);
(c) national undertakings established pursuant to Article 12 of the Decree of the President of the Republic of 24 October 1945, No 100 Coll., on the nationalisation of mines and certain industrial enterprises, or pursuant to Article 8 of the Decree of the President of the Republic of 24 October 1945, No 101 Coll., on the nationalisation of certain undertakings of the food industry, and of national undertakings formed pursuant to the Decree of the President of the Republic of 24 October 1945, No 102 Coll., on the nationalisation of equity banks, or on the decree of the President of the Republic of 24 October 1945, No 103 Coll., on the nationalisation of private insurance companies,
(d) undertakings for which the entities referred to in point (a) are predominantly a shareholder or guaranteed by them or which are predominantly dependent on aid from public funds (subsidies, advantages).
(2) Every odd place that has been vacant since the date of the entry into force of this law is a reserved place.
(3) Reservation of posts does not apply to posts,
(a) which, under the statutory provisions, are supplemented exclusively by employees of lower categories;
(b) which are occupied by promotion from a lower salary scale (from a lower scale of functional duties or from a group of non-functional posts).
(4) The provision of the preceding paragraphs does not alter the measure on the German and Hungarian public services.
National Liberation Combat Participants shall have priority rights:
(a) location in an organised managed economy, private undertakings serving public transport and in cooperative or private establishments or undertakings entrusted mainly with public or other public supply;
(b) re-placement in a private undertaking in which the national exemption struggle participant was employed immediately prior to his participation in the national exemption fight;
(c) for the granting of trade licences (licence authorisations) and for the authorisation of gainful enterprises of another type, as well as for the admission to the pursuit of free professions in front of all equally qualified tenderers;
(d) in the allocation procedure for the allocation on the effective date of this Act of free or later released agricultural property, commercial property, as well as any other immovable and movable enemy property confiscated under the applicable law on the confiscation of enemy property, as well as for the lease of such property;
(e) to the provision of national administrators over the property referred to in (d);
(f) admission to schools and courses where the admission of pupils is restricted to all equally qualified candidates (candidates of the same order);
(g) granting aid from foundations and funds under the general conditions of the Foundation or the Fund.
The Ministry of Education and Education will provide special relief for participants in the national struggle for exemption in the admission and study of all the schools in its field of competence, taking into account, in particular, the type and duration of the former education (employment) of the participant, but not more than to the extent that the allowances granted are not prevented from achieving the teaching objective.
(1) The rights of a participant in the national struggle for the liberation which has fallen, died or died, as set out in Sections 3 and 4, pass
(a) the spouse, the children of the spouse and the illegitimate and the adopted, the spouse or the spouse;
(b) parents,
(c) siblings.
(2) The condition is that the person to whom the rights are transferred should be statestically and nationally reliable, and that the legal or moral right of the person to whom the rights are transferred is largely dependent on the participant in the national struggle for liberation. An exception to national reliability may, for serious reasons, be authorised by the Ministry of National Defence in agreement with the Ministry of Interior.
(3) Rights are always transferred to only one person in the order as listed for points (a) to (c) and within that order between children and adopted children, parents and siblings always in the order of the oldest.
(1) The provisions of the previous paragraph shall apply mutatis mutandis to the persons referred to therein if a national exemption struggle cannot be successfully exercised by a participant under Sections 3 and 4 for his invalidity, which is at least partly due to his involvement in the national exemption fight.
(2) The same persons may, for the time being, claim rights for the missing participants in the national exemption fight, belonging to such participants under Sections 3 and 4.
(1) Rights under this law can only be exercised by a person who will be given a certificate of participation in the national fight for liberation.
(2) This certificate shall be issued by the Ministry of National Defence in a single copy to the authorised person, at his request, containing details of the person, how he is involved in the national fight for exemption and the rights for which he is entitled; for participants in the foreign exemption fight, if necessary in an agreement with the Ministry of Foreign Affairs, and for participants in the domestic exemption fight in an agreement with the Ministry of Interior.
(1) The participants in the national exemption fight will be placed in the places referred to in Sections 3 and 4, points (a) and (b), in principle according to their preliminary general and vocational training or other competence, if they comply with the general and specific conditions for the hire of a post of the category concerned, or at all the places referred to in Sections 3 and 4, points (a) and (b) of this Law, except for concessions resulting from its provisions.
(2) For post IV and other post with a prescribed higher pre-vocational education than that of the general school, the entrance examination is sufficient from the knowledge of reading, writing and counting to the extent prescribed for the general school.
(3) The technical examination carried out by a national Liberation Combat Participant in the Czechoslovak Army or in another service replaces the corresponding professional examination in the new service. If the content of such a test does not correspond to the full technical test prescribed in the new service relationship, the person placed after the prescribed practice shall be subjected to a supplementary test, the scope of which shall be determined by the competent central office in agreement with the Ministry of Interior and the Ministry of National Defence.
(4) The age limits for the boarding of one of the reserved places do not apply to participants in the national exemption fight.
(1) The period of training (employment, activities) required under the statutory regulations for the submission of a licence or for the grant of a licence or for the submission of a licence or for the submission of a certificate of proficiency for the entry of a business shall be shortened for the admission of a profession (employment) referred to in Sections 4 (c), (d) and (e).
(a) in the case of trades for which the training period is fixed by law, for a period equal to at least half the period prescribed for the acquisition of a licence;
(b) in the case of trades for which a training period is set by law within certain time limits, for a period equal to at least half of the minimum training time;
(c) in trade for which the training period is not fully determined, for a period corresponding to half the training period normally required.
(2) Training (employment, activity) in related trade, as well as experience in military workshops and courses or similar activity with military services at all, are considered equivalent to training in the relevant trade.
(3) If the applicant for a trade licence does not provide a certificate of at least two years' learning, the competent trade office may require, in addition to the evidence of training (employment, activity), the presentation of a certificate of successful completion of courses or the successful completion of a special examination. The details of the course and test shall be laid down by the Minister responsible for the matter in agreement with the Minister for Defence by a decree in the Official Journal.
(4) Relief under the preceding paragraphs shall not be granted:
1. for the licensed trade in construction,
2. for business in the manufacture of poisons and the preparation of substances and preparations intended to be used for medicines, as well as the sale of both items, unless exclusively reserved for pharmacists,
3. for electrical trade,
4. for gas pipelines, lighting equipment and water pipelines,
5. for the breeding of harmful organisms by hydrocyanic, ethylene oxyde and chloropicrin,
6. for dental trade.
(5) In cases of special consideration, the Ministry of Industry or the Ministry of Internal Trade may waive the submission of a trade licence to participants in a national exemption fight who do not comply with the conditions of paragraph 1.
(1) The posts referred to in Article 3 are reserved and the priority right provided for in Article 4 arises on the date on which this law takes effect.
(2) The participants in the national exemption fight submit requests for placement and other arrangements under this Act, in principle, directly to the bodies responsible for lending the seats referred to in Sections 3 and 4, and always to the Ministry of Defence in a copy.
(3) The Ministry of National Defence shall keep a register of applications and, if necessary, shall consult with the provider of the post (with his superior or supervisory office) of any objections or obstacles to the granting of the post.
(4) The Ministry of National Defence will recommend suitable applications to lodgers for posts which are still available.
(5) The authorities responsible for lending the seats provided for in Sections 3 and 4, which do not receive applications from suitable candidates - participants in the national exemption fight, shall always notify the Ministry of National Defence of the different types and number of vacancies, after which the entities responsible for lending the seats provided for in Sections 4 (a) and (d), as well as the possibilities and places of new such professions, and shall set a period of at least 14 days for the submission of the application. At the same time as the notification provided for in this paragraph, the Ministry of National Defence shall forward to the Ministry of Defence any requests made by non-compliant applicants for placement.
(6) If the competent authority lodges a vacancy to the requesting national exemption fighter, it shall notify the Ministry of National Defence.
(7) The authorities responsible for lending the seats shall notify the participants of the national exemption fight in writing of the reasons for which their application for the post has not been granted.
(8) The authorities referred to in the preceding paragraph shall notify the Ministry of National Defence of the number of vacancies and the method of lending them each calendar quarter.
(9) The Ministry of National Defence shall determine in agreement with the Ministry of Interior, according to the placement process, the final period by which the rights under this Act may be exercised by applications for placement.
(10) The reservation of posts provided for in Article 3 shall have precedence over the reservation of posts provided for in Article 2 of the Act of 8 April 1927, No 54 Coll., on the placement of longer serving petty officers, as amended by the Act of 18 May 1938, No 118 Coll., amending and supplementing the Act on the placement of longer serving petty officers.
The measure in breach of the provisions of this Act shall be revoked by the Central Competent Authority, acting on a proposal from the Ministry of Defence, within three months of the date of its validity.
(1) A participant in a national exemption fight which has been granted a post in a public service or other public service shall be obliged to start within 14 days of delivery of the provision (s); The decree shall cease to be valid unless the appointment has been justified by an additional 30 days.
(2) The competent authority may revoke the granting of a trade licence, the assignment of a business undertaking or an agricultural property or the provision of a national administrator, provided that the national struggle for exemption so placed does not take over the business establishment within a time limit determined by it but not less than one month, does not take over the business premises without significant reasons, does not make preparations for the start of the business, does not take over the national administration of the entrusted property or take over the land allocated.
(3) A participant in a national exemption fight who has not entered a post has not taken over trade, agricultural or other property under the provisions of this Act without serious substantive reasons, will no longer be entitled to any other preferential placement or provision.
(4) Rights under this Act shall also cease to be first placed in a post reserved under § 3 or first successful exercise of the priority right under § 4.
(5) The termination of rights and rights which took place pursuant to paragraphs 3 and 4 shall be declared by the Ministry of National Defence, after hearing the agent responsible for lending the site, indicating the reasons for such termination and its purpose on the certificate referred to in Article 8 and on the relevant register. The Ministry of National Defence may exceptionally, in cases of special consideration, waive such termination of rights and rights.
The bodies referred to in Sections 3 and 4 are not, exceptionally, obliged to lend seats under the provisions of this Act,
(a) if the transferor does not reach a place within the time limit set in accordance with Paragraph 11 (5), the proposal of the Ministry of National Defence to place him with an application from an appropriate participant in the national liberation struggle; or
(b) if he does not arrive on time in accordance with Paragraph 13 (1) and, in both cases, from an important public and professional interest, this post must be filled immediately.
Time spent on the characteristics of a national fight for exemption
1. begins
(a) in the Czechoslovak army abroad:
(aa) for persons actively and demonstrably involved in the organisation of that army, on the first day of the month in which their participation in the organisation work began;
(bb) for other persons who went abroad to fight arms against Nazi (fascist) occupants or their helpers, on the first day of the month in which they crossed the border of the Czechoslovak Republic, if they then entered military service within two months of that date, or later, but for reasons on their own,
(cc) if an application was filed for that army, on the date of the application, if the persons concerned have entered service within two months of that date, or at a later date, but for reasons of their own accord,
(dd) otherwise on the date of the actual entry into service;
(b) in the Allied Army, mutatis mutandis in accordance with the principles under (a);
(c) in the first Czechoslovak army in Slovakia, if they are persons who have actively and demonstrably participated in the organisation of the Slovak National Uprising, on the first day of the month in which their participation in the organisation works began; otherwise, on the date of actual entry into service,
(d) in the guerrilla unit: pursuant to § 4, paragraph 1, Act No. 34 / 1946 Coll.,
(e) in the cases referred to in Paragraph 1 (1), (1), (e): the date on which the activity referred to therein began,
(f) in the cases referred to in Paragraph 1 (1), (1), (f): in accordance with the principles of the provisions of point (e),
(g) in the case of Czechoslovak political prisoners: the day of restrictions on personal freedom,
(h) in the Spanish Republican People's Army (International Brigade), mutatis mutandis, in accordance with the principles under (a), (bb) and (dd);
(ch) members of the State Defence Guard: the date of entry into service of the State Defence Guard Units,
However, in the cases referred to in (a), (b), (d), (e) not earlier than 15 March 1939; in the cases referred to in (c), not earlier than 1 January 1944; in the cases referred to in point (h), not earlier than 19 July 1936;
2. Ends
in the cases referred to in points (a) to (e) and (g), the date of effective termination of the active service as regards the date of exemption (release to freedom), but always by 5 May 1945 at the latest; in the cases referred to in point (f), the date of cessation of activity, but not later than 9 May 1945; in the cases referred to in points (h) and (ch), on the date of termination of the active service; until the period thus determined is also included in the period of proven necessary treatment as a result of an unguilty injury (disease) which occurred in the course of the service (activity) or in connection with the restriction of personal liberty, if such treatment prevented the performance of employment, and the period of captivity which does not constitute the facts of the offence under the provisions of Part II of the Military Criminal Law of 15 January 1855, No 19, after a case which would not give rise to such a substance if it were persons to whom those provisions might be used.
(1) The period spent in the characteristics of a national exemption struggle shall be counted as the period of service actually spent in public services, both for increasing the service and for determining the service age (ranking) and for the period needed for promotion or for advancement to a higher service, as well as for entitlement to the service and its purpose, and
(a) in the cases referred to in paragraphs 1, 1, 1, points (e) and (f) and 2, simply;
(b) in other cases, twice as long as they have been spent in the characteristics of the Executive Squadron of the Czechoslovak Army or the Allied Army or in the characteristics of a parachutist thrown down or planted in the rear of the enemy, three times.
(2) For Czechoslovak political prisoners, provision (b) of the previous paragraphs shall apply only if the restriction of personal liberty has lasted longer than one year or was shorter, but has resulted in a substantial reduction in gainful capacity or a loss of life associated with it.
(3) If the duration of participation in the national fight for liberation is covered by the deductible period of service spent in the ratio of a public servant (Paragraph 20), the period of time payable under paragraphs 1 (b) and 2 shall be deducted from the period deductible under paragraphs 1 (b) and 2, the period of service in the proportion of a public employee covered in this manner.
(4) In cases referred to in paragraph 1 (b), in addition, one more year for each calendar year in which the person concerned:
(a) operate for at least three months in the departments referred to in § 1, paragraph 1, paragraph 1, points (a) to (c), in the guerrilla unit, as well as in the Spanish Republican People's Army (in international brigades); or
(b) has suffered, in connection with active duty in the services referred to in (a), a health disorder (damage) before the enemy or has become unfit for service as a result of war difficulties, in particular epidemic diseases; or
(c) have been restricted to personal freedom for at least three months, as a political prisoner or for this reason has suffered a disability (damage) of health or of the body, resulting in a substantial reduction in gainful capacity.
In accordance with those provisions, only one year may be taken into account for the facts which have arisen in the same calendar year.
(5) The calculation referred to in paragraphs 1 to 3 shall be made at the scale or at the level achieved by the person concerned as a public servant before the beginning of the period defined in Paragraph 15, No 1. For those persons who were not, or were, public servants before that time, but in proportion to the proportion in which netting is not possible according to the previous sentence, netting shall be made at the lowest scale or at the lowest grade, which shall be specified for the service category in which public servants have become or become employees.
(6) Staff members in an individual contractual relationship shall be treated mutatis mutandis in accordance with paragraphs 1 and 2, if they are to determine the grade, entitlement to pay (wages) at the time of sickness, the period of leave and the period of notice. The period laid down in paragraphs 1 (b) and 2 shall be taken into account for public servants in a private service relationship subject to public social insurance under the principles of the Law of 5 May 1946, No 47 Coll., on the abolition of injustices and on certain protection measures in the field of public social insurance, as the compulsory insurance period.
(7) The calculation in accordance with the provisions of this paragraph, including changes thereto, shall be carried out by the competent personal office on the application supported by the certificate referred to in Section 8. Retired public servants shall submit an application to their last personal office (his successor) and, if not that office, to an office the liquidating authority of which has arranged or has arranged for the payment of resting (provision) salaries (paying office).
(8) Fees resulting from the provisions of this paragraph shall not be granted for the period prior to the publication of this Law.
(1) The following provisions shall apply to persons referred to in Sections 1, 1, 1, 1, (a) to (d) and 2:
1. members of the years of birth of 1920 and of the elderly who have not fulfilled their presentative duty either at all or have fulfilled it only partially, shall, if not already, be discharged immediately from active service and shall be transferred to the advance on the day following their release from active service (demobilisation) or from service with the guerrilla unit.
2. Members of the years of birth 1921 and 1922 who have not fulfilled their presentative duty either at all or have fulfilled it only in part shall, if this has not already happened, be dismissed from active service immediately if they have performed a service in the field for at least three months. They shall be transferred to the advance on the day following their release from an active service (demobilisation) or from a service with a guerilla unit. Otherwise, they are obliged to continue active duty until it reaches six months and then be transferred to the advance.
3. Members of the years of birth of 1923 and younger members who have not fulfilled their presentative duty either at all or have fulfilled it only in part shall, if not already, be discharged from active service immediately if they have served in the field for at least six months. They shall be transferred to the advance on the day following their release from an active service (demobilisation) or from a service with a guerilla unit. Otherwise, they are obliged to continue their active duties until they reach the length of the statutory presentation service and then they are transferred to the advance.
(2) If the period defined in Paragraph 15 for the persons referred to in paragraph 1 exceeds the length of the statutory presentationservice, it shall be included in the service obligation in advance, in such a way that it shall be waived for the first and the second six months beyond the duration of the statutory presentationservice after one advance exercise. However, according to this provision, exceptional and exceptional exercises ordered pursuant to § 22, § 4 of the Czechoslovak Act of 19 March 1920, § 103 Coll., as amended, cannot be waived (§ 179 and 180 of the Defence Regulations issued by the Government of 16 September 1927, § 141 Coll., which issue new Defence Regulations).
(3) Persons referred to in paragraph 1 under Nos 2 and 3 who are obliged to continue their active duties may, on request, be deferred to continue their active duties if they wish to complete their studies or other preparation for their future occupation or for other reasons of special consideration; such persons shall be granted the necessary permanent leave.
(4) The persons referred to in paragraph 1 shall not be subject to the provisions of Decree of the President of the Republic of 30 September 1946, No 84 Coll., on the transitional adjustment of the length of the service.
(5) The provisions of Section 73 of the Defence Regulations apply to volunteers for the period of war who joined the Czechoslovak army abroad.
(1) Who knowingly imposes himself or others unjustly for one of the persons referred to in § 1, § 1, § 1, § 1, § (a) to (c), (e) to (g), § 2 or § 2 of the same paragraph, shall be punished, first, by the county national committee for an administrative offence, by a fine of up to 50,000 CZK or by imprisonment within six months or both of these punishments.
(2) The same shall apply to the following:
(a) who, in the submissions (applications, their annexes, proposals, notifications and other communications) or in the minutes during the certification procedure referred to in Article 8, knowingly indicate or confirm false circumstances;
(b) the employer (body of bodies) referred to in § 3 (c) and (d) and § 4 (a) and (b) if he does not comply with the obligations imposed in § 11 or if he lodges a place against the provisions of this law.
(3) Where a fine has been imposed, a replacement prison sentence shall also be imposed in the event of its imperfections, according to the degree of guilt within the limits of the rate of punishment at liberty.
(4) The fines are for the State.
(5) The administrative offence referred to in paragraphs 1 and 2 shall be suspended within two years.
The public staff referred to in Article 16 shall:
(a) staff of the State;
(b) employees of the Union of Territorial and Interest Self-Government, as well as other public bodies and foundations,
(c) staff of the institutes, undertakings, funds and equipment belonging to, or administered by, the bodies referred to in (a) and (b), whose service and pay ratios are governed by the laws of payment or by the regulations of the Law of 24 June 1926, No 103 Coll., on the adjustment of the salary and certain service conditions of civil servants (the Law of Payee),
(d) staff covered by the Law of 24 June 1926, No 104 Coll., on the regulation of the pay and service conditions of teachers of general and civil schools (Law of Teacher);
(e) beneficiaries of resting (provision) salaries and waivers who are under the pension arrangements of one of the bodies referred to in (a) to (c).
Legal instruments and other documents required for the exercise of claims under this Act or for the implementation thereof shall be exempt from proceedings and charges if they serve solely for that purpose. The competent official acts shall be exempt from benefits for official acts in administrative matters.
(1) This Act is without prejudice to the provisions of the Law of 24 July 1919, No 462 Coll., on the Lease of Seals to Legionaries, and Section 81 of the Law of 17 February 1922, No 76 Coll., on the Military Benefits of Providers, and the Rules on the Inclusion of War Damages to Work, issued under the relevant statutory provisions in the field of the Ministry of Social Welfare.
(2) Paragraphs 3 and 4 shall cease to apply on 18 June 1949. However, this does not apply to participants in the national exemption fight who have completed their studies; they may exercise the rights under those paragraphs within six months of the completion of their studies or military presence after that date.
(3) The date on which this law becomes effective, the Act of 15 May 1946, No 136 Coll., on the placement and other arrangements of participants in the national fight for liberation is repealed.
(4) Where other regulations refer to Act No. 136 / 1946 Coll., this is understood to be the law.
(5) All rights, entitlements and permissions established under Act No. 136 / 1946 Coll., remain.
Wherever other legal regulations refer to the Czechoslovak army abroad, to the foreign army or to the foreign army from the Second World War, as well as to the members of these military services, this means the Czechoslovak military units referred to in § 2, par. 1, no. 1 and persons referred to under no. 1 of the same provision.
This Law shall take effect on 18 June 1946; It shall be implemented by the Minister for National Defence in agreement with the participating members of the Government.
Dr Beneš v. r.
Gottwald v. r.
Maj-Gen Svoboda v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 255 / 1946 Coll., on Members of the Czechoslovak Army abroad and on certain other participants in the national struggle for liberation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1946 |
|---|---|
| Effective from | 18.06.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0