Act No. 263 / 2017 Coll.
Act amending Act No. 221 / 1999 Coll., on Professional Soldiers, as amended
Valid
Law
Effective from 01.10.2017
Text versions:
01.10.2017
18.08.2017
263
THE LAW
of 20 July 2017
amending Act No 221 / 1999 Coll., on professional soldiers, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 221 / 1999 Coll., on professional soldiers, as amended by Act No. 155 / 2000 Coll., Act No. 129 / 2002 Coll., Act No. 254 / 2002 Coll., Act No. 362 / 2003 Coll., Act No. 546 / 2005 Coll., Act No. 189 / 2006 Coll., Act No. 261 / 2007 Coll., Act No. 305 / 2008 Coll., Act No. 306 / 2011 Coll., Act No. 470 / 2011 Coll., Act No. 122 / 2012 Coll., Act No. 272 / 2014 Coll., Act No. 204 / 2015 Coll., Act No. 147 / 2010 Coll., Act No. 37 / 2011 Coll., Act No. 470 / 2011 Coll., Act No. 122 / 2012 Coll., Act No. 332 / 2014 Coll.
1. The following Section 4a is inserted after Section 4, including footnote 55:
(1) For the purposes of this Act, a candidate who was
(a) for a criminal offence with a maximum criminal sentence of not more than two years in the last 10 years,
(b) in the last 15 years, a final conviction for an intentional offence with a maximum criminal rate exceeding 2 years but not exceeding 5 years;
(c) convicted in a criminal offence with a maximum prison sentence of more than 5 years or to an exceptional penalty;
(d) a final conviction for a criminal offence committed negligently for more than 1 year and five years have elapsed since the execution or remission of the sentence; or
(e) a final conviction for a criminal offence committed negligently to imprisonment for less than 1 year or other sentence and one year has not elapsed since the execution or remission of the sentence.
(2) For the purposes of this Act, a candidate shall not be considered to be criminal.
(a) whose criminal prosecution for an intentional offence has been terminated on the basis of a final decision approving the settlement and three years have not passed since that decision; or
(b) whose criminal prosecution for an intentional offence has been definitively suspended, and from the expiry of the probationary period and the period within which it is to be determined that it has been certified, has not yet been completed for three years, or has been decided in the criminal proceedings against it, on the suspension of the application for punishment, and three years have not yet passed since that decision.
(3) When assessing the criminal integrity, there shall be no consideration of the destruction of a conviction under a specific law or of a decision of the President, which makes it look at the applicant as if he was not convicted. 55).
55) Sections 105 and 106 of Act No. 40 / 2009 Coll., Criminal Code, as amended. § 363, 365, 366 and 368 of Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended. Section 35 and 88 of Act No. 218 / 2003 Coll., on the Responsibility of Youth for Illegal Acts and on Judicial Affairs in Youth Matters and on the Amendment of Certain Laws (Law on Judicial Matters in Youth Matters), as amended. '
2. In Paragraph 10a, the third sentence is replaced by the sentence "The provisions of this Law shall apply mutatis mutandis to the formation, course, change and termination of a soldier's service, which shall be specified in a special disposition."
3. In Article 15, the sentence "When disembarking between entities referred to in Article 6 (1) (a) and (e), a soldier shall be considered as a member of the entity to which he is transferred shall be added at the end of paragraph 2."
4. in Article 19 (1) (e), the words "or after removal from service under another legislation 56" shall be inserted after the words "organisational changes."
Footnote 56 reads as follows:
"56) For example, Act No. 219 / 1999 Coll., as amended, Act No. 153 / 1994 Coll., as amended, Act No. 300 / 2013 Coll., on Military Police and amending certain laws (Act on Military Police), as amended."
5. In Paragraph 26 (1), the fourth sentence is replaced by the following: "The duty regime in which soldiers take turns 24 hours a day for 7 days a week to ensure the continuous performance of their duties shall be considered continuous."
6. In Paragraph 28 (1), the word "military 'is deleted.
7. In Paragraph 29 (3), "300 'is replaced by" 150'.
8. In Article 29 (5), the words "or because of intensive military training, continuous military training or continuous military deployment," shall be inserted after the words "important interest in the service."
9. In Paragraph 29, the following paragraph 6 is added:
"(6) Within the number of hours of the maximum permissible service above the basic weekly service period in the balancing period referred to in the first sentence of paragraph 3, the service for which the soldier has been granted a replacement leave shall not be included. ';
10. in § 31a (2) and § 31b (2), the words "and the soldier shall be entitled to a service salary only for a period of time" shall be inserted after the words "only the period";
11. in the title of § 31b, § 31b (1) and (2), the title of § 31c, § 31c (1), (3), (4) and (7) to (9), § 68j (8) and Article 143 (4) (d), the words "on the territory of the Czech Republic" shall be deleted;
12. In Paragraph 31c, the sentence "The Minister may increase the right to leave for 48 hours of service up to 16 hours for specific continuous military deployment according to the degree and intensity of the risk and duration of continuous military deployment."
13. in Article 31c (6), the words "or for the purposes of intensive military training, continuous military training or continuous military use," shall be inserted after the words "important interest in the service."
14. in Article 31c (7), the words "continuous military training or intensive military training" shall be inserted after the words "military deployment."
15. in Paragraph 40, the following paragraph 4 is added:
"(4) With the approval of the Minister, a soldier who is a military intelligence officer may be assigned to a post abroad of a lower rank than that to which the soldier is appointed. In this case, the soldier continues to have a higher rank. '
16. in Article 48 (1) (g):
"(g) in the course of the service, wear a prescribed uniform and refrain from acting which would disturb or undermine its appearance; the exceptions shall be determined by the service authority; ';
17. in Paragraph 61a (3):
"(3) To spouses who are both soldiers, the amount of the service allowance referred to in paragraph 1 shall be increased only for unprovided children under Paragraph 71 (5), and only for one of them. For the purposes of increasing the service allowance, the first sentence shall be treated mutatis mutandis. ';
18. in Paragraph 66 (3), '300' is replaced by '150';
19. In § 68b, at the end of paragraph 1, the sentence "During the period of granting of the service supplement abroad, a soldier shall not be entitled to leave, leave or leave for duty leave."
20. In Paragraph 68d, the following paragraph 2 is inserted after paragraph 1:
"(2) A soldier who has a basic weekly service period spread evenly and has performed the service in a two-shift, three-shift or continuous mode of service in a period of at least 80 hours in a calendar month shall be subject to the surcharge referred to in paragraph 1 for that month."
Paragraph 2 shall become paragraph 3.
21. In § 68e, the words "military rescue service," and the words "authorised by the Minister to manage public funds separately, to draw up an economic statement on the funds allocated and used, and on personnel and property resources," shall be deleted.
22. in Article 68i (2) (b):
"(b) is captured or has become missing in the course of a foreign operation, unless there has been an arbitrary separation or defection; or"
23. in Article 68i (2), at the end of point (b), the word "or" shall be deleted; at the end of point (c), the dot shall be replaced by "or" and the following point (d) shall be added:
"(d) carry out a service abroad under Paragraph 40 (4)."
24. In Article 71 (6), the words "or a military rescue service in which a soldier is assigned" shall be replaced by "in which the soldier has his place of service."
25. In Paragraph 77 (2), the text "Paragraph 72 (1) (e)" is replaced by "Paragraph 74 (5)" and at the end of paragraph 2, the words "If a soldier has more residence, he shall determine one of them for the purposes of reimbursement of travel expenses. If he resides abroad, he shall be reimbursed only for transport in the Czech Republic."
26. in Paragraph 77 (4):
"(4) The compensation referred to in paragraph 2 shall be granted on a monthly basis and shall be paid without cash together with the service salary on a regular basis. The amount of the refund shall be determined according to the shortest road distance between the place of residence and the place of service, always for the territory of the Czech Republic. The amount of the fare, depending on the km distance and the procedure for determining the shortest road kilometres, shall be determined by the Ministry by decree. ';
27. in Paragraph 79 (3), the words "for each rank" shall be inserted after the words "the costs shall be determined."
28.
If a soldier has performed the task in a manner appropriate to the circumstances and nature at the time of the task, he shall not be liable for the damage caused by:
(a) in particularly difficult training, in intensive or inaccessible terrain or under adverse weather conditions;
(b) in the case of rescue work or other serious situations affecting life, health, significant property value or the environment, or in the event of the outcome of a disaster,
(c) in the framework of the performance of the mission for peace and security, in particular by participating in operations to support and maintain peace, rescue and humanitarian actions;
(d) in the other performance of a service which results from the risk of proper performance;
(e) in the event of aversion of a danger to life or health, or of damage to property if it has not deliberately caused such a condition; or
(f) in a state where, without his own fault, he was unable to control his actions or assess the consequences thereof. ";
29.
(1) If a soldier has been negligent in an accident, an accident or a control of a military vessel, the amount of the damage may be determined in special justified cases by a lower amount than the actual damage or, where appropriate, by four and a half times the average gross monthly salary, or by the recovery of the damage, if the accident or accident occurred in the control of a military vessel under difficult conditions and if the first fault of the soldier or the accident caused by his or her small experience or accident or the control of a military vessel is serious damage to his or her health.
(2) The amount of compensation referred to in paragraph 1 shall be decided by the service authority which would otherwise take decisions as an appeal body on a proposal from the service authority which would be entitled to decide on compensation. ';
30. Paragraph 111 (3) reads as follows:
"(3) If a soldier has paid at least two thirds of the debt incurred as a result of his obligation to pay compensation, the outstanding part of the debt may be waived only if he achieves extraordinary positive results in the performance of his service or if his difficult social circumstances and his request for remission justify it. The discharge shall be decided by the service authority. The debt incurred as a result of damage caused by a soldier on purpose, after ingestion of alcoholic beverages or after the conscious use of other addictive substances (31) may not be waived, or the damage caused by the entrusted values which he is obliged to account for, or the loss of the entrusted articles. '
31. Sections 124 and 125, including the headings, read:
Disposable compensation for survivors
One-off compensation for survivors is payable to the surviving spouse and the child entitled to an orphan's pension from the deceased, each equal to thirty times the minimum wage (17). One-off compensation for survivors of 30 times the minimum wage also belongs to the parents of the deceased soldier, if they have shared a household with him; the same amount of compensation is due even if only one parent has lived in the same household with a deceased soldier.
Disposable exceptional compensation for survivors
The survivors of a soldier who died as a result of an accident in the activities referred to in § 120 (1) to (3) shall receive one-off exceptional compensation for the survivors. The surviving spouse and any surviving child entitled to an orphan pension from the deceased shall be entitled to one-off exceptional compensation equal to the amounts referred to in Article 120 (4). Persons who have been referred to a soldier by nutrition are entitled to one-off extra compensation equal to the survivors of a minimum wage of 30 times the minimum wage (17). If the surviving spouse or the surviving children or persons who have been referred to a soldier by means of nutrition are not the surviving spouse, one-off exceptional compensation of the survivors shall be the amount specified in the sentence of the third parent of the soldier. ';
32. in § 143 (1), the final part of the provision reads:
"For the purposes of increased credit for service periods, the period of regular and special leave, preventive rehabilitation pursuant to § 97 and exceptional rehabilitation pursuant to § 97a, the period of taking a replacement leave for a service above the basic weekly service period and the period of taking a leave due to continuous military training or continuous military deployment shall be considered as a period of service. An increase in the duration of the service shall be determined over the calendar month. The period of each day in less than months shall be added up and evaluated every 30 days as the month. '
33.In Article 145a (1) (g), "30 days" is replaced by "3 months."
34. in Paragraph 145a, the dot is replaced by a comma at the end of paragraph 1 and the following point (o) is added:
"(o) fixing the amount of the stabilisation allowance."
35. in Article 159 (2), the words "termination of incapacity to perform the service" shall be replaced by the words "and" and service allowance "shall be deleted;
36. in Article 163a (1), the words "in a foreign operation" shall be deleted;
37. The following Section 166a is inserted after Section 166, including footnote 57:
The Ministry grants to citizens of the Czech Republic who undertake to apply for a military service and to remain in it for a specified period of time, scholarships according to programmes announced by the Minister, taking into account the obligations under international agreements with which the Czech Republic is bound. In doing so, the provisions on scholarships paid from grants or grants under the Higher Education Act 57) and § 60 are applied accordingly.
57) Paragraph 91 (1), (4) and (6) of Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (Act on higher education), as amended. "
Efficacy
That law shall take effect on the first day of the second calendar month following its publication.
v. Vondracek v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 263 / 2017 Coll., amending Act No. 221 / 1999 Coll., on Occupational Soldiers, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.08.2017 |
|---|---|
| Effective from | 01.10.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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