Act No. 272 / 2009 Coll.
Act amending Act No. 221 / 1999 Coll., on Occupational Soldiers, as amended, Act No. 143 / 1992 Coll., on Salary and Remuneration for on-call in Budget and in certain other organisations and bodies, as amended, and Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended
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Effective from 01.10.2009
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272
THE LAW
of 23 July 2009
amending Act No 221 / 1999 Coll., on professional soldiers, as amended, Act No 143 / 1992 Coll., on the salary and remuneration of on-call duty in the budget and in certain other organisations and bodies, as amended, and Act No 141 / 1961 Coll., on criminal proceedings (Criminal Code), as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Professional Soldiers Act
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. 309 / 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 / 2008 Coll. is amended as follows:
1. in Article 3 (1) (c):
"(c) is not a member of a political party, political movement, trade union organisation, does not support, promote or sympathise with a movement which is demonstrably directed at suppressing the rights and freedoms of a person or declares a national, religious or racial hatred or hatred against another group of persons;"
2. In Article 4 (3), after the first sentence, the sentence "The service authority is entitled to obtain a copy of the Register of Penalties for the purpose of verifying the criminal integrity of the applicant."
3. In Article 6 (5), the words "or training 'shall be inserted after the word" study' and the second sentence shall be replaced by the words "training shall mean military training to acquire the basic military knowledge and skills necessary for the service of a soldier. ';
4. In Article 6, the following paragraph 7 is added:
"(7) The Government lays down, by regulation, a list of the activities of the soldiers set out for each of the rank and rank."
5. Paragraph 7 (2) reads as follows:
"(2) The following levels of rank and rank are hereby established:
(a) the class team - rank private, private,
(b) rank corps of petty officers - rank corporal, sergeant, sergeant,
(c) the rank corps of the battalion officers - rank sergeant, rank sergeant, sergeant general, chief officer, staff officer,
(d) lower ranking officers - rank Lieutenant, Lieutenant Commander, Captain,
(e) Senior officers - rank Major, Lieutenant Colonel, Colonel,
(f) the General Staff - Brigadier General, Major General, Lieutenant General, Army General. ';
6. In Article 7, the following paragraph 3 is inserted after paragraph 2:
"(3) For soldiers preparing for the performance of their duties by studying or training, with the exception of a doctoral study programme, an evaluation board of candidates shall be established with the following qualifications:
(a) private - during training;
(b) a private officer, a corporal, a sergeant - for the duration of his studies in a military higher vocational school and immediate follow-up training;
(c) Lance Corporal, Corporal, Sergeant - for the duration of his studies at a military university in the Bachelor's study programme and immediate follow-up training;
d) Lance Corporal, Corporal, Sergeant Sergeant, Sergeant Sergeant, Master Sergeant, Master Sergeant - for the duration of his studies at the Military College in the Master's study programme. "
Paragraphs 3 to 9 shall be renumbered paragraphs 4 to 10.
7. Paragraph 8 (1) and (2), including footnote 1d, read:
"(1) The shortest period of service is in rank
(a) Lance Corporal, Corporal and Sergeant 1 year,
b) Staff Sergeant, Sergeant Sergeant, Master Sergeant and Lieutenant for 2 years,
(c) Ensign, Lieutenant Commander, Captain, Major and Lieutenant Colonel 3 years,
(d) Ensign 4 years.
(2) The period of service in rank shall be counted against the period of service of the soldier, except for the period of availability referred to in Paragraph 10 (4) and the period of parental leave, except for parental leave, for which the soldier is granted financial assistance in maternity under special legislation. 1d)
1d) Act No. 187 / 2006 Coll., on sickness insurance, as amended. '
8. Paragraph 8 (3) is deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
9. the following Section 10a is inserted after Section 10, including the title and footnote 4a:
Special disposition
A soldier who is a member of Military Intelligence shall be designated in a special disposition if this requires an important interest in the service. A soldier appointed to a special disposition shall have a similar status to that of a member of the intelligence service of the Security Corps, assigned to a special reserve under the Law on the service ratio of members of the Security Corps (4a). The provisions of this law shall apply mutatis mutandis to a soldier who is assigned to a special disposition.
4a) § 31 of Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps. '
10. In Article 19 (1), the words "or supports, promotes or sympathises with a movement which is demonstrably aimed at suppressing the rights and freedoms of man or declares a national, religious or racial hatred or hatred against another group of persons' shall be added at the end of the text in point (i).
11. In Article 19, the following paragraph 2 is inserted after paragraph 1, including footnote 9b:
"(2) In the event of a reduction in the age limit for entitlement to an old-age pension under special legislation 9b), the President or the Minister may, at the request of a soldier, decide, in accordance with the needs of the armed forces, to remain a soldier in service even after reaching that age limit, at the latest until the age of retirement is reached in accordance with the special legislation7). The decision-making process shall also take into account the expertise of the soldier, the achievement of his duties, his moral characteristics, his medical condition and his participation in foreign operations.
9b) § 74 of Act No. 155 / 1995 Coll., on Pension Insurance, as amended by Act No. 289 / 1997 Coll. '
Paragraph 2 shall become paragraph 3.
12.
Intensive military training
(1) Intensive military training means continuous sequence of training activities which take place for more than 30 hours and less than 48 hours.
(2) The period of intensive military training is included in the total basic weekly duty period. For the period of intensive military training, the provisions on duty breaks shall not apply. ';
13. The following Sections 31a to 31c are inserted after Section 31, including the headings and footnotes 10a and 10b:
Continuous military training
(1) Continuous military training means a continuous sequence of training activities that take place for at least 48 hours.
(2) For the duration of continuous military training, the provisions on the basic weekly duty period, on the service above the basic weekly duty period, on continuous rest between services and on continuous rest during the week and on breaks in service shall not apply.
Continuous military deployment in the Czech Republic
(1) The continuous military deployment on the territory of the Czech Republic is the period of service in the performance of the tasks of the armed forces under the special legislature10a).
(2) If the continuous deployment period on the territory of the Czech Republic does not exceed 48 hours, the total basic weekly service period shall be included. If the period of continuous military deployment on the territory of the Czech Republic exceeds 48 hours, the provisions on the basic weekly service period, on the service above the basic weekly service period, on continuous rest between services and on continuous rest in the week and on breaks in the service shall not apply.
Common provisions for intensive military training, continuous military training and continuous military deployment in the Czech Republic
(1) The period of initiation and termination of intensive military training, continuous military training and continuous military deployment in the Czech Republic shall be determined by the service authority.
(2) The manager shall, within the period referred to in paragraph 1, determine a suitable time for the soldier to eat and rest and rest.
(3) For every 48 hours of continuous military training or continuous military deployment on the territory of the Czech Republic, the soldier is entitled to 8.5 hours off at the time when he should otherwise be serving.
(4) The salary shall not be reduced for the period of leave referred to in paragraph 3. The discharge shall be granted without delay, within 3 months of the end of continuous military training or continuous military deployment on the territory of the Czech Republic. During the period of service of continuous military training and continuous military deployment on the territory of the Czech Republic for 48 hours or longer, the soldier shall not be entitled to an overnight work charge, an additional charge for work on Saturdays and Sundays, a salary and an extra leave for overtime, an additional charge for shift, pay or leave for work on holidays and a remuneration for on-call duty under special legislation 10b).
10a) Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended.
10b) Act No. 143 / 1992 Coll., on the salary and remuneration for on-call duty in the Budget and in certain other organisations and bodies, as amended. '
14. in Paragraph 40 (1):
"(1) Soldiers serving abroad shall be subject to the provisions of this law, unless otherwise specified. '
15. in Paragraph 40, paragraph 4 is deleted;
16. the following Section 40a is inserted after Section 40, including the title and footnote 12a:
Foreign operations
(1) A foreign operation means the performance of a service outside the territory of the Czech Republic, during which a soldier performs the tasks of the armed forces under special legislation12a).
(2) During the period of secondment to a foreign operation, the soldier shall perform his duties as assigned in the task group or individually.
(3) A task group shall mean a temporary grouping of military units, units, their parts or individual soldiers under the command of a designated commander, which is designed to perform a specific operation or to perform a specific task and which does not have a permanent organisational structure. The commander shall have the status of a service authority vis-à-vis the soldiers of the task group.
(4) If the conditions of a foreign operation so require, the master of the task group shall not be obliged to apply the provisions on the basic weekly service period, on the service over the basic weekly service period, on continuous rest between services and on continuous rest during the week and on breaks in service. If circumstances or practices at the place of foreign operation so require, the commander of the task group shall be entitled to impose appropriate restrictions on the soldier. The commander of the task group shall be obliged to provide the soldier with adequate time for food and rest, and to determine his resting place, at a time when the difficult conditions of duty and rest are laid down.
(5) During secondment to a foreign operation, leave and leave shall be granted only if the conditions of the foreign operation so permit.
12a) § 10 paragraphs 1 and 2 of Act No. 219 / 1999 Coll., on the Armed Forces of the Czech Republic, as amended by Act No. 546 / 2005 Coll. '
17. In Paragraph 48, at the end of paragraph 1, the dot is replaced by a comma and the following points (h) and (i) are added:
"(h) not to use information obtained in the course of the service for its own benefit or for the benefit of other persons and not to accept unjustified gifts or other benefits in connection with the performance of the service;
(i) report promptly to the superior the opening of criminal proceedings against his person and inform him of the conduct and termination of such criminal proceedings. ";
18. In Paragraph 59 (3), the words "in units of the multinational armed forces abroad 'are replaced by" in foreign operations'.
19. in Paragraph 66 (2), the words "or extraordinary" shall be inserted after the words "preventive period" and the words "duty leave for continuous military training" shall be replaced by the words "leave time for continuous military training and continuous military deployment in the Czech Republic."
20. In Paragraph 67, the following paragraph 4 is added:
"(4) A soldier assigned to a special disposition shall be entitled to a salary according to the activity carried out by him in this capacity. '.
21. in Paragraph 92 (1), the words "or exceptional" shall be inserted after the words "on prevention."
22. After Paragraph 97, the following Section 97a is inserted:
Emergency rehabilitation
(1) Exceptional rehabilitation of 14 calendar days in a calendar year may be granted to a soldier who has served in a foreign operation for at least 90 days in whole.
(2) Emergency rehabilitation shall be provided at the request of a soldier in such a way that it starts no later than 30 calendar days after the date of return from a foreign operation.
(3) In the run-up to extraordinary rehabilitation and entitlement to preventive rehabilitation in the same calendar year, only preventive rehabilitation shall be provided to the soldier. In the run-up to extraordinary rehabilitation and entitlement to special leave in the same calendar year, only exceptional rehabilitation shall be granted to the soldier.
(4) It organises extraordinary rehabilitation and the costs associated with it are borne by the Ministry. "
23. In Article 120 (2), the words "when carrying out specific tasks in activities under a special legislature35 'shall be inserted after the words" or property'.
24. In Paragraph 120 (3), the words "in units of the multinational armed forces abroad 'are replaced by" in foreign operations'.
25.
Disposable compensation for survivors
(1) One-off compensation for survivors is for the surviving spouse and the child entitled to an orphan's pension pension from the deceased, each amounting to CZK 240 000. One-off compensation for survivors in total amount of CZK 240 000 also belongs to the parents of the deceased soldier if they lived with him in the common household; the same amount of compensation is due even if only one parent has lived in the same household with a deceased soldier.
(2) The Government may, by regulation, increase the amounts referred to in paragraph 1, in the light of the changes that have taken place in the development of the level of pay of soldiers and the cost of living. "
26. in Article 125 (1), the words "eight times the minimum wage. 17)" shall be replaced by the words "120 000 CZK."
27. In Paragraph 127, at the end of the text of paragraph 3, the words "; this shall also apply to the reimbursement of the costs of feeding survivors'.
28. In Article 143 (6), "4 'is replaced by" 5'.
29. In Article 143, the following paragraph 8 is inserted after paragraph 7, including footnotes 42c, 42d and 42e:
"(8) A soldier against whom criminal proceedings for an intentional offence are conducted on the date of termination of service pursuant to Paragraph 18 (a) or on the date of release from service pursuant to Paragraph 19 (1) (k) shall not be entitled to service formalities. A person listed in the first sentence shall not be entitled to the formalities provided that he has been legally sentenced to an unconditional custodial sentence or that a decision has been taken to suspend his or her criminal prosecution (42c), or that a final decision has been taken to approve him or her at the end of the sentence (42d), or that a final decision has been taken to suspend the application for punishment (42e). If the criminal proceedings have ended by a decision other than a final decision under the second sentence, the date of receipt of the notification of the former soldier of the final termination of the criminal proceedings shall be the date on which the proceedings concerning the request for service are initiated for the competent authority of the Ministry. If an ex-soldier fulfils his claim for service, he shall be paid back from the date of termination of service. If a soldier died before the end of the criminal proceedings, amounts due from the termination of the service to the day of death of the soldier shall be confessed and paid in turn to the wife (husband), children and parents if they were living with the soldier at the time of death in the common household. The condition of living in a common household need not be fulfilled for children who are entitled to an orphan's pension after the deceased.
42c) § 307 of the Code of Criminal Procedure.
42d) § 309 of the Penal Code.
42e) § 179g of the Code of Criminal Procedure. '
Paragraphs 8 to 11 shall be renumbered paragraphs 9 to 12.
Footnote 42c is renumbered footnote 42f, including the footnote reference.
30. Part Nine, including the title, reads:
DECISIONS IN THE MATTERS OF SERVICE
GENERAL PROVISIONS
Unless otherwise provided for in this law, the administrative rules shall apply to proceedings relating to the service, with the exception of Sections 10 to 12, Section 14, Part Two, Title XI and Section 175.
Proceedings in matters of service shall be decided on:
(a) change in the duration of the service;
(b) termination of service;
(c) compensation under this law;
(d) discharge from service;
(e) withdrawal of rank;
(f) cancellation of service on probation;
(g) entitlement to the transfer allowance;
(h) entitlement to housing allowance, if the soldier disagrees with the amount or failure to grant the allowance or with the cessation of his payment;
(i) the duration of the service for the security of services and social security, if the soldier does not agree with the declared time,
(j) failure to grant, withdraw or reduce the refund in the amount of the salary referred to in Article 68 (4) and (5);
(k) a request by a soldier to remain in service under Paragraph 19 (2).
Administration and referral
(1) A participant may submit to the service authority.
(2) If the service authority is not competent to decide on the matter, it shall forward the submission to the competent service authority without delay and inform the participant thereof.
PROCEDURE FOR WITHDRAWAL
Where the service authority is aware of a situation in which there are no reasonable doubts, to the extent necessary for the decision to be taken, it may issue a decision on withdrawal without prior proceedings.
A decision to withdraw may be taken within 6 months of the date on which the competent service authority became aware of the conduct referred to in Paragraph 21 (1), but not later than 1 year from the date on which the hearing took place.
REVIEW OF THE DECISION
The appeal authority
The appeal authority shall take a decision on appeal without undue delay, but no later than 90 days after the date of the appeal.
The appeal against decisions given under § 145 (d) to (f) shall not have suspensory effect.
Review of judgments by the courts
An application for review of a decision by a court may be made within 30 days of the date on which the decision becomes final.
Proceedings after termination of service
Proceedings in matters of service shall be carried out in accordance with Part Nine of this Act even when the service of a soldier has ceased to exist.
SOLIDATION OF REQUESTS AND COMPLAINTS
Soldier's request or complaint
(1) A soldier may lodge a request or a complaint in respect of the performance of his service and in respect of professional relations under this law. The request or complaint of a soldier shall be made in writing to the superior or service body.
(2) The request or complaint of a soldier shall be handled by a superior soldier or a service body according to its content. A soldier's complaint shall not be handled by the superior or the service body to which the complaint is directed; it shall be handled by the superior of the superior or superior of the service body of the service authority to which he is directed.
(3) The request or complaint of the soldier shall be dealt with no later than 30 days after the date of its submission. A soldier shall be informed of the handling of the complaint within that period. The time limit may be exceeded only if it is impossible to provide the documents necessary for the processing of the application or complaint.
(4) If the complaint has been found to be justified or partially justified, the superior or service body must take the necessary measures to remedy it without delay. The outcome of the investigation and the measures taken to remedy it shall be recorded in the file; the soldier will only be notified if he so requests.
(5) If the soldier is of the opinion that the complaint lodged with the competent superior or the service authority has not been properly dealt with, he may ask the superior service authority to examine the manner in which the complaint was handled.
(6) If the soldier repeats the complaint, it is necessary to examine whether the original complaint has been handled correctly and to inform the soldier of the outcome. If there are no further complaints from a soldier on the same matter, the service authority shall no longer address it. A soldier must be informed of this fact. "
31. Article 154 to 158 shall be deleted, including footnote 45.
32. In Article 165 (7), "in paragraph 7 'is replaced by" in paragraph 6';
Transitional provisions
1. A soldier who is included in the evaluation body and appointed to the rank in accordance with § 7 (2) (c) to (f) of Act No. 221 / 1999 Coll., as effective until the date of entry into force of this Act, shall be assigned to the evaluation body and shall be entitled to the rank in accordance with § 7 (2) (a) to (e) of Act No. 221 / 1999 Coll., as effective from the date of entry into force of this Act, on 1 January 2011, according to the activity provided for in the implementing act (§ 6 (7) of Act No. 221 / 1999 Coll., as effective from the date of entry into force of that Act).
2. A soldier, who is assigned to an evaluation body and appointed to the rank according to § 7 (2) (a) and (b) of Act No. 221 / 1999 Coll., as effective until the date of entry into force of this Act, shall be included in the evaluation body of the candidates and shall be entitled to the rank in accordance with § 7 (3) of Act No. 221 / 1999 Coll., as effective from the date of entry into force of that Act, on 1 January 2011.
(a) a private servant, if he is studying in the first year of military higher education or if he has not completed his first year of military higher education in the Bachelor's or Master's degree programme;
(b) a corporal, if he has completed his first year of military higher education or completed his first year of military higher education in a Bachelor's or Master's degree programme;
(c) a sergeant, if he has completed a second year of military higher education or completed a second year of military higher education in a Bachelor's or Master's degree programme;
(d) general staff, if he has completed his third year of military university in the Master's degree programme,
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Regulation Information
| Citation | Act No. 272 / 2009 Coll., amending Act No. 221 / 1999 Coll., on Occupational Soldiers, as amended, Act No. 143 / 1992 Coll., on Salary and Remuneration for Employment at Budget and in Certain Other Organisations and Bodies, as amended, and Act No. 141 / 1961 Coll., on Criminal Procedure (Criminal Code), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.08.2009 |
|---|---|
| Effective from | 01.10.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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