Act No. 262 / 2011 Coll.
The Act on the involved resistance and resistance to communism
Valid
Law
Effective from 17.11.2011
262
THE LAW
of 20 July 2011
about participants in resistance and resistance to communism
PREAMBLE
Parliament of the Czech Republic,
being guided by the will to express respect and gratitude to women and men who, during the period of communist totalitarian power, actively defended the values of freedom and democracy,
Are determined to constantly commemorate the ideals of patriotism, honor, bravery and self-sacrifice to other generations,
Expresses deep regret for the innocent victims of the terror of the Communist regime
and based on the principles embodied in the law on the illegality of the Communist regime and on its resistance,
he has acted on this law of the Czech Republic:
PARTICIPANTS OF THE UNION AND REPLY AGAINST THE COMMISSION
Subject matter
This law defines resistance and resistance to communism, lays down the conditions for certification of a participant in resistance and resistance to communism, regulates rehabilitation and further provides for certain tasks of the Ministry of Defence ("the Ministry ').
Definition of terms
For the purposes of this Act:
(a) the period of infreedom in the Czechoslovak history sections from 25 February 1948 to 17 November 1989,
(b) by defiance and opposition to communism, participation in actions directed against the Communist regime in Czechoslovakia, either individually or in a group based on political, religious or moral democratic beliefs or conscious and public expression of such resistance, both within the territory of the State and abroad, including in conjunction with a foreign democratic power, one of the forms referred to in Article 3 in order to remove, significantly weaken or distort or otherwise harm the communist totalitarian power in Czechoslovakia and restore freedom and democracy;
(c) a citizen of a person who, at the time of non-freedom of citizenship of the Czechoslovak Socialist Republic or of its legal predecessors (hereinafter referred to as "Czechoslovak citizenship"), as well as a person who was deprived of Czechoslovak citizenship by decision of the state authorities in the period of non-freedom.
Forms of resistance and resistance to communism
(1) The form of resistance and resistance to communism means armed or other comparable combat against the communist regime in Czechoslovakia, the conduct of sabotage, cooperation with the foreign intelligence service of a democratic state, smuggling or crossing state borders in order to participate in the resistance and resistance to communism (agents). Other brave acts or brave public positions in support of armed actions against the Communist regime in Czechoslovakia are also considered to be a form of resistance and resistance to communism.
(2) In addition, the form of resistance and resistance to communism means continuous or long-term or otherwise significant activity consisting of:
(a) the copyright of petitions or similar materials or public statements aimed directly or indirectly at restoring freedom, democracy or weakening the communist regime or securing their printing or dissemination;
(b) organising public speeches against the communist regime, developing political, publicist or other demonstrably anti-communist activities aimed directly or indirectly at restoring freedom, democracy or weakening the communist regime; or
(c) developing political, publicist or other demonstrably anti-communist activities abroad aimed directly or indirectly at restoring freedom, democracy or weakening the communist regime.
(3) The form of resistance and resistance to communism also means active action in an organisation or group whose members fought against the Communist regime in the manner set out in this provision.
(4) The form of resistance and resistance to communism is also understood as such public political and social attitudes advocated actively and of their own volition which prevented the advent and maintenance of communist totalitarian power, provided that their carrier was imprisoned, internalised or otherwise confined to personal freedom or forced to leave his place of residence or otherwise severely affected.
(5) The resistance and resistance to communism shall also be considered to be an activity of importance comparable to the forms of resistance and resistance to communism referred to in the preceding paragraphs, carried out before the period of non-freedom, provided that its aim was to prevent the establishment of a communist regime and to preserve freedom and democracy in Czechoslovakia, unless this objective could be achieved otherwise, and was associated with a similar risk.
Obstacles to recognise the status of resistance and resistance to communism
(1) A citizen who, at a time of unfreedom, does not consider himself a participant in the resistance and resistance to communism
(a) has been a member or employee of the security deposit (1), with the exception of basic or alternative military active service;
(b) has been registered in the security forces' materials as their co-worker or secret associate, or has been a member of the Public Security Auxiliary Guard, an assistant to the Border Guard or an informant to the information apparatus of the Communist Party of Czechoslovakia, or otherwise has worked similarly with the security forces or the Communist Party of Czechoslovakia,
c) was a member or candidate of the Communist Party of Czechoslovakia or the Communist Party of Slovakia,
(d) has been a member of the People's militia;
e) was an individual member of the Czechoslovak-Soviet Union of Friendship after 21 August 1968, except for those who had completed their membership of the Czechoslovak-Soviet Union of Friendship shortly after 21 August 1968,
(f) he was a member of the National Front Action Committee after 25 February 1948, the Review Committees after 25 February 1948 or the Review and Standardisation Committees after 21 August 1968,
(g) has been a student or graduate of political, security or military or training in similar directions in the States Parties to the Warsaw Treaties (2), or a scientific aspirant or a participant in courses of more than 3 months in those schools;
(h) has been a member or associate of the intelligence service of a foreign State at a time when a communist or communist regime in that State was governed by a similar regime; or
i) otherwise voluntarily, knowingly and actively participated in the construction, development and consolidation of communist totalitarian power in Czechoslovakia.
(2) The obstacle referred to in paragraph 1 shall not be taken into account where a citizen has been seconded to the files and organisations listed here or has become a member of them for the purpose of combating the Communist regime.
(3) The citizen referred to in paragraph 1 shall be admitted to the position of a participant in the resistance and resistance to communism if his participation in the resistance and resistance to communism by his intensity, scope or length clearly exceeded his participation in the building, development and consolidation of communist totalitarian power. The position of a member of the resistance and opposition to communism shall also be admitted to the citizen referred to in paragraph 1, who, with the commitment of his own life, has performed an extremely deserving act of resistance and opposition to communism.
(4) A citizen whose participation in the resistance and opposition to communism has been led by a deplorable motive, or who has committed, in doing so, a deplorable act aimed at denying the values of freedom and democracy or a particularly deplorable act aimed at denying individual fundamental human rights and has been able to avoid such action in Czechoslovakia. Furthermore, a citizen whose actions have been driven by a motive to establish a regime that tramples on the values of freedom and democracy in the same way as the communist regime is not considered a participant in the resistance and resistance to communism.
Status of war veteran
The status of a war veteran according to the War Veterans Act will be confessed to a participant in the resistance and resistance to communism, who is a national citizen of the Czech Republic and carried out resistance and resistance to communism in the form mentioned in § 3 (1).
Certification
(1) The certificate of resistance and resistance to communism is issued by the Ministry at the request of a citizen. In addition to the general procedural requirements, the application shall contain supporting documents proving compliance with the conditions for the issue of this certificate and, if the applicant has it, proof of Czechoslovak citizenship or proof of withdrawal.
(2) With the consent of the person entitled to submit the application referred to in paragraph 1, or where the person entitled to submit the application referred to in paragraph 1 has died or has been declared dead, he or she may request the certification of a member of the resistance and resistance to communism by his or her spouse, parent, child, other relative in a number of direct or siblings, or the Director of the Institute for the Study of Totalitarian Procedures, a legal person whose activity is the examination of the history, archiving, education, education or protection of human rights, or association of participants in the anti-Nazi or resistance and resistance to communism or former political prisoners. Such a request shall include, in addition to the particulars referred to in paragraph 1 concerning the applicant and the person for whom the certificate is sought, where the application is submitted by the spouse or partner, parent, child, other relative in a series of direct or sibling, an indication of the applicant's relationship with the person for whom the certificate is sought and where the application is submitted as a person who has died or has been declared dead, the date and place of death of that person. If the application is submitted by the Director of the Institute for the Study of Totalitarian Procedures, the application shall be accompanied by the expert opinion of the Institute for the Study of Totalitarian Procedures.
(3) A request submitted pursuant to paragraph 1 or 2 shall be accompanied by an expert opinion from the Archives of Security Services and, where appropriate, the Institute for the Study of Totalitarian Procedures, unless the Director of the Institute for the Study of Totalitarian Procedures has submitted a request, and other scientific institutions; The Ministry shall inform the applicant that it has requested a professional opinion. They shall not run as long as the opinions referred to in the sentence of the first time limit relating to the implementation of the proceedings are held. If the conditions for certification of resistance and resistance to communism are fulfilled, the Ministry shall issue a certificate of resistance and resistance to communism. If these conditions are not met, the Ministry shall decide not to issue such certificate. If the person to whom, according to the third sentence, a certificate of resistance and resistance to communism is to be issued fulfils the conditions laid down in Article 5, he shall also be granted the status of war veteran in that certificate; those who are thus granted the status of a war veteran enjoy the rights attaching to war veterans under the War Veterans Act and, if they have certain rights under the War Veterans Act as well as to the spouses, partners or species of war veterans, those rights shall also be exercised by the spouse, partner or type of person who has been granted the status of war veteran under that Act.
(4) Where an application is made pursuant to paragraph 2 after the Ministry has already issued a certificate of resistance and resistance to communism following another request pursuant to paragraph 1 or 2 concerning the same person, the Ministry shall postpone the application and send the applicant a copy of the certificate.
(5) The certificate of the resistance and resistance to communism shall include the name and / or name, surname and, where appropriate, title, date and place of birth, the form or form and description of the action of the resistance and resistance to communism and the stamp, date and signature of the authorised official; If the status of a war veteran has been granted in accordance with this law, the certificate of resistance and resistance to communism shall also include this indication.
(6) If it is clear that the conditions for issuing the certificate of resistance and resistance to communism have not been met, the Ministry will issue a decision to revoke the certificate and inform the Czech Social Security Administration accordingly.
(7) The Ministry will pay a one-off cash contribution of CZK 100 000 within 30 days of the date of issue of the certificate of resistance and resistance to communism; this one-off cash contribution is not subject to income tax on natural persons. If a participant in the resistance and resistance to communism, who is a national citizen of the Czech Republic, dies after the date of the certificate of the participant in the resistance and resistance to communism, or if after that date a participant in the resistance and resistance to communism becomes a citizen of the Czech Republic, the one-time cash contribution has not yet been paid in accordance with the first sentence, the right of the participant in the resistance and resistance to communism to this one-time money contribution will cease and will no longer be paid. A person who has been married to a resistance and resistance to communism who has already died or who has been declared dead and who has not been paid a one-off cash contribution according to the first sentence, for at least part of the period of time when he carried out the resistance and resistance to communism in respect of which he was certified as a resistance and resistance to communism, the Ministry shall pay a one-off cash contribution of CZK 50 000 within 30 days of the date of the request; this one-off cash contribution is not subject to income tax on natural persons. A single monetary contribution shall not be paid to a person, according to the third sentence, if that person has committed a defiance and resistance to communism against a spouse, in particular through cooperation with security forces. If, in accordance with the third sentence, a person dies after the date on which he made the application under the third sentence, the one-off cash contribution has not yet been paid in accordance with the third sentence, his right to that one-off cash contribution shall cease and shall no longer be paid.
(8) The Ministry shall communicate to the pension payers the data on participants in the resistance and resistance to communism needed for the adjustment of pensions pursuant to Section 8, no later than 30 days after the date of issue of the certificate of resistance and resistance to communism.
Ethical Commission of the Czech Republic for Awards of Resistance and Resistance to Communism
(1) An Ethical Commission of the Czech Republic is hereby established for the Evaluation of Resistance and Resistance to Communism ("the Commission '). The Commission shall decide on appeals against decisions of the Ministry pursuant to Article 6 (3) and (6) or against resolutions of the Ministry which have brought the proceedings to an end in cases referred to in Article 6 (3) and (6); is also responsible for carrying out the review procedure or for the decision to renew the procedure. Otherwise, the Ministry of Defence is the administrative authority of the Ministry of Defence. The Commission shall be the management body.
(2) The Commission has nine members; Two members are elected and removed by the Chamber of Deputies, the Senate, the Government and the Council of the Institute for the Study of Totalitarian Regime, one member appointed and withdrawn by the President of the Republic. The President of the Commission shall be elected and removed by the Government from the members elected by the Government.
(3) A natural person may be elected or appointed as a member of the Commission who is fully competent and reliable and fair. For the purposes of this law, it is not possible to consider a person who has been convicted of an intentional offence, unless his conviction has been exterminated or is looked upon for any other reason, as if he had not been convicted. For the purposes of this Act, it is not possible to consider as reliable a person who has given his actions at a time of deprivation a reason to doubt the proper performance of a Member of the Commission, in particular his independence or impartiality in the performance of his duties as a Member of the Commission.
(4) The members of the Commission are elected or appointed for a term of office of five years. No one can be elected or appointed more than twice in a row.
(5) Membership of the Commission is a public function (3). A member of the Commission shall be removed by the person who elected or appointed him if he no longer fulfils the conditions laid down in paragraph 3.
(6) The Commission is convened and chaired by its President. The Commission's resolution requires the consent of an absolute majority of its members. The Commission shall adopt rules of procedure laying down detailed rules for its action. Individual action in the proceedings, with the exception of the decision, may be entrusted to civil servants performing a civil service in the Office of the Government of the Czech Republic; they are subject only to the Commission.
(7) The Commission is working with the Institute for the Study of Totalitarian Procedures and the Archive of Security Services, which provide it with the necessary supporting documents and information on request; The Commission shall inform the applicant that it has requested supporting documents and information. It shall not run as long as the supporting documents and information referred to in the sentence of the first time limit relating to the conduct of the proceedings are provided.
(8) The Commission and its other activities are carried out by the Office of the Government of the Czech Republic. The Commission is considered to be the organisational unit of the Government of the Czech Republic. The President and the other members of the Commission shall be remunerated, the amount of which shall be determined by the Government by way of order, and travel allowances which shall be granted at the rate and under the conditions laid down in the Labour Code, and shall be deemed to be the regular place of residence of the Member of the Commission.
Adjustment of pensions
(1) In the case of participants in the resistance and resistance to communism who have been certified to do so, the condition for obtaining the necessary period of pension insurance is deemed to have been fulfilled in order to qualify for an old-age pension. In the event of entitlement to an old-age pension from the Slovak Republic, the first sentence shall not apply; the date on which the entitlement to this pension is acquired shall cease to be the date on which the entitlement to the old-age pension obtained in accordance with the first sentence.
(2) Participants in the resistance and resistance to communism who have been certified and who receive an old-age or disability pension from Czech pension insurance, and a widow or widower who receive a widow's or widower's pension from Czech pension insurance after a participant in the resistance and resistance to communism who has been certified shall be entitled to a percentage rate of retirement at least as referred to in paragraph 4.
(3) The basis for determining the percentage rate of the pension payable to the persons referred to in paragraphs 1 and 2 is the percentage rate of the average old-age pension established for the purpose of increasing pensions from January 20244). In order to determine the percentage rate of pensions granted from 31 December 2023 onwards, the basis shall be the amount determined in accordance with the first sentence and increased in accordance with the rules on pension increases, which shall take effect until the date on which the pension is granted.
(4) Lowest percentage area
(a) an old-age pension awarded under Article 29 of the Pension Insurance Act (5) or similar provisions of previous provisions and an invalidity pension for third-degree invalidity shall be the amount fixed in accordance with paragraph 3;
(b) the invalidity pension for second-degree invalidity, widower's and widower's pensions shall be equal to half of the amount fixed in accordance with paragraph 3;
(c) the invalidity pension for the invalidity of the first degree shall be equal to a third of the amount determined in accordance with paragraph 3;
(d) the old-age pension granted under Section 31 of the Pension Insurance Act provided for in paragraph 3 is reduced by CZK 275 for each 90-day period, for which the percentage rate was last reduced.
(5) The lowest pension rate laid down in paragraphs 3 and 4 shall also apply in the case of pensions which have been calculated according to European Union law or international agreement according to the ratio of pension periods earned in the Czech Republic to the total pension periods obtained; the basic amount of the pension is due in full.
Registration
The Ministry shall keep a record of persons who have received a certificate of resistance and resistance to communism; such records shall contain a copy of the written copy of the certificate referred to in Article 6 (3) and, where appropriate, a copy of the written copy of the decision to revoke the certificate. The Ministry shall publish in a manner that allows remote access the name and / or the names, surnames and, where appropriate, the title, date and place of birth of persons to whom a certificate of resistance and resistance to communism has been issued.
Memory badge
(1) Together with the certificate of resistance and resistance to communism, the Ministry will issue a commemorative badge; The commemorative badge is the commemorative badge of the resistance and resistance to communism and the memorial badge for the survivor of the resistance and resistance to communism. The commemorative badge of a member of the resistance and resistance to communism is awarded only to the living participants of the resistance and resistance to communism. The memorial badge for the survivor of the resistance and resistance to communism shall be given to the relative of the resistance and resistance to communism who has submitted a request pursuant to Paragraph 6 (2).
(2) The model of the commemorative badge of the resistance and resistance to communism and the model of the memorial badge for the survivor of the resistance and resistance to communism, as well as the rules governing their wearing, is laid down by the Ministry by decree.
(3) If the Ministry withdraws the certificate of resistance and resistance to communism, he to whom the commemorative badge has been awarded, or whoever holds it, shall return it to the Ministry.
Rehabilitation
On application, the court shall abolish the sentence imposed for a criminal offence not covered by the rehabilitation under Act No. 119 / 1990 Coll., on judicial rehabilitation, as amended, or on rehabilitation pursuant to § 6 of Act No. 198 / 1993 Coll., on the illegality and resistance of the Communist regime, provided that it is demonstrated during the proceedings that the conduct of the convicted person was intended to weaken or distort or otherwise harm the communist totalitarian power in Czechoslovakia or to create resources. The application may be lodged no later than 5 years after the date of entry into force of this Act. For the purposes of this procedure and subsequent compensation, the provisions of Section 4 and the following Act 119 / 1990 Coll., on judicial rehabilitation shall apply mutatis mutandis. The refund shall be paid in cash. This provision shall not apply to offences committed with low or dishonest motives.
Amendment of the Administrative Charges Act
Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100 / 2008, Act No. 100, Act No. 100 / 2008, Act No. 100, Act No. 100, Act No. 100 / 2008, Act No. 100, Act No. 100, Act No. 2008, Act No. 100, Act No. 100, Act No. 2008, Act No. 100, Act No. 100, Act No. 2008, Act No. 100, No. 2008, No. 2008, No. 2008, No. 2008, Act No. 100, No. 100, No. 2008, Act No. 100, No. 2008, No.
1. In Part I, under heading 3 in the text Exemption in point 3, the words "and k 'are replaced by the words" k'; at the end of the text of point 3, the dot is replaced by a comma and the words "and in order to implement Act No. 262 / 2011 Coll., on participants in resistance and resistance to communism 'are added.
2. In point 4 of Part I of the exemption text in point 1, the words "and k 'are replaced by the words" k'; at the end of the text of point 1, the dot is replaced by a comma and the words "and in order to implement Act No. 262 / 2011 Coll., on participants in resistance and resistance to communism 'are added.
3. In Part I, under heading 5, in the text Exemption in point 1, the words "and k 'are replaced by the words" k'; at the end of the text of point 1, the dot is replaced by a comma and the words "and in order to implement Act No. 262 / 2011 Coll., on participants in resistance and resistance to communism 'are added.
EFFECTIVE
This Law shall take effect on 17 November 2011.
Germany
Klaus v. r.
Nausea v. r.
1) § 2 (c) of Act No. 181 / 2007 Coll., on the Institute for the Study of Totalitarian Procedures and on the Archive of Security Services and on the amendment of certain laws.
2) The Treaty on Friendship, Cooperation and Mutual Assistance between the People's Republic of Albania, the People's Republic of Bulgaria, the People's Republic of Hungary, the Democratic Republic of Germany, the People's Republic of Poland, the People's Republic of Romania, the Union of Soviet Socialist Republics and the Czechoslovak Republic, negotiated in Warsaw on 14 May 1955 and published under No 45 / 1955 Coll.
3) Section 201 of the Labour Code.
4) Paragraph 67 of Act No. 155 / 1995 Coll., on Pension Insurance, as amended.
5) Act No. 155 / 1995 Coll., on Pension Insurance, as amended.
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Regulation Information
| Citation | Act No. 262 / 2011 Coll., on involved resistance and resistance to communism |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.2011 |
|---|---|
| Effective from | 17.11.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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