Act of the Czech National Council No. 279 / 1992 Coll.
Act of the Czech National Council on certain other preconditions for the performance of certain functions contained in the provisions or appointments of members of the Police of the Czech Republic and members of the Czech Correctional Education Corps
Valid
Effective from 01.07.1992
279
THE LAW
Czech National Council
of 28 April 1992
on certain other assumptions for the performance of certain functions contained in the provisions or appointment of members of the Police of the Czech Republic and members of the Czech Correctional Education Corps
The Czech National Council decided on this law:
That law lays down certain additional conditions for the performance of certain functions contained in the establishment or appointment of:
(a) the Ministry of Interior of the Czech Republic (hereinafter referred to as "the Ministry"),
(b) in the Police of the Czech Republic,
(c) in the Czech Correctional Education Corps.
Proposals for certain functions in the Ministry and Police of the Czech Republic
(1) Functions referred to in Sections 1 (a) and 1 (b) are:
(a) members of the Police of the Czech Republic (police officer) called for the performance of tasks in the Ministry, 1)
(b) officers included in the Office of Investigation for the Czech Republic,
(c) police officers assigned to the Police Directorate;
(d) Director, Deputy Director, Chief Commissioner, Head of the External Service, Head of the Department of Intervention, Head of the Administrative Service Department, Head of the Section, Senior Officer of the Specialist and Senior Official of the Regional Administrations Specialist in the Czech Republic and Administration of the City of Prague,
(e) Director, Deputy Director, Commissioner, Head of the External Service, Head of the Transport Inspectorate, Head of the Administrative Service Department and Chief Inspector of the District and equal to the District and City Directors of the Police of the Czech Republic,
f) Director, Deputy Director, Head of Department and Senior Investigator at Regional Investigation Offices in the Czech Republic and Prague Capital City,
(g) the Director, Deputy Director and Head of the Department of the District and them on an equal footing with the regional and urban offices of the investigation in the Czech Republic.
(2) The functions shall be broken down by the functions referred to in points (a) to (g) of paragraph 1 or by the functions assimilated thereto.
(3) The functions referred to in paragraphs 1 and 2 shall be those of a post in accordance with a special law. (1a)
(1) The requirement for the performance of the duties under § 2 is that the citizen from 25 February 1948 to 17 November 1989 was not
(a) a national of the National Security Corps, included in the State Security component of the counter-intelligence sector;
(b) a national of the National Security Corps, as Head of the Department and senior in State Security;
(c) registered in State Security material as resident, agent, owner of the rented apartment, holder of a conspiracy apartment, informant or ideological associate of State Security,
(e) as Secretary of the Communist Party of Czechoslovakia or of the Communist Party of Slovakia, from the District Party or to an equal committee above, a member of the Bureau of these Committees, a member of the Central Committee of the Communist Party of Czechoslovakia or the Central Committee of the Communist Party of Slovakia, a member of Byra for the management of party work in the Czech countries or a member of the Committee for the Management of Party work in the Czech countries, except those who held these functions only between 1.1.1968 and 1.5.1969,
(f) in the National Security Corps as Secretary of the main committee of the Communist Party of Czechoslovakia or the main committee of the Communist Party of Slovakia, a member of the main committee of the Communist Party of Czechoslovakia or of the main committee of the Communist Party of Slovakia or a member of the full-service committee of the Communist Party of Czechoslovakia or of the Communist Party of Slovakia,
(g) an official of the apparatus of the authorities referred to in points (e) and (f) of the section of the political management of the National Security Corps;
(h) a member of the National Security Corps, included in the administration for the political, educational, cultural and promotional activities of the Federal Ministry of Interior or of the Ministry which directly carried out political activities;
(i) a national of the National Security Corps, appointed as Deputy Chief of Political Work,
(j) a member of the People's militia;
k) Member of the National Front Action Committee after 25.2.1948, Review Committees after 25.2.1948 or Review Standards Committees after 21.8.1968,
(l) a student at the Felix Edmundovich Dzeržinski College of Ministers of the Union of Soviet Socialist Republics for State Security, the University of the Ministry of the Interior of the Union of Soviet Socialist Republics for Public Security, the Higher Political School of the Ministry of Interior of the Union of Soviet Socialist Republics and other security schools in the Union of Soviet Socialist Republics or a scientific aspirant or a participant in courses of more than 3 months in these schools.
(2) Furthermore, the requirement for the performance of the functions referred to in § 2 is that the citizen has not been found to have the facts set out in § 5 (1) (c) and (d).
Preconditions for the performance of certain functions in the Czech Correctional Education Corps
(1) Functions referred to in Article 1 (c) are:
(a) members of the Czech Correctional Education Corps (hereinafter referred to as "the Member"), registered at the Directorate of the Czech Correctional Education Corps,
(b) Director and Deputy Director of the Department of Correctional Education of the Czech Republic or the Organisational Component of the Czech Correctional Education Corps, assimilated to the Department of Correctional Education of the Czech Republic,
c) Head of the Department and equal to the Organised Organisational Parts of the Department of Legal Education of the Czech Republic, Head of the Division (Group) in the Organisational Components of the Association of Correctional Education of the Czech Republic,
(d) members included in the prevention departments (groups) of the Czech Correctional Education Corps.
(2) The functions referred to in paragraph 1 shall be those of a post in accordance with a special law. (1a)
(1) The precondition for the performance of the functions referred to in § 4 in the Czech Correctional Education Corps is that from 25 February 1948 to 17 November 1989
(a) the facts referred to in Article 3 (1) have not been established for the citizen;
b) The citizen was not a member of the All-Service Committee of the Communist Party of Czechoslovakia in the administration of the Czech Correctional Education Corps, a member of the All-Service Committee of the Communist Party of Czechoslovakia in the departments and equal to the Organisational Components of the Czech Association of Correctional Education or the Chairman of the Basic Organisation of the Communist Party of Czechoslovakia in the departments of the Czech Republic in which the All-Service Committee of the Communist Party of Czechoslovakia was not established,
c) the citizen was not a deputy chief of administration or department of the Czech Correctional Education Corps for Political Education;
d) the citizen was not the head of the department or department or head of the Internal Protection Group of the Czech Correctional Education Corps;
e) The citizen was not registered in the materials of the Czech Correctional Education Corps as resident, agent or confidant of the internal protection of the Czech Correctional Education Corps.
Certification and declaration of honour
(1) The facts referred to in § 3 (1) (a) to (d) are evidenced by a certificate issued by the Federal Ministry of the Interior or, where appropriate, by a finding issued under a special legislation.2)
(2) The facts set out in Articles 3 (1) (e) to (l) and 5 (1) (b) to (e) are evidenced by a declaration of honour.
A citizen, a policeman or a member who is to perform the duties referred to in § 2 in the Ministry or Police of the Czech Republic or the duties referred to in § 4 in the Department of Correctional Education of the Czech Republic shall submit a certificate or, where appropriate, a finding or a declaration of honour to the competent service; At the same time, he shall submit a statement before taking up his duties that he has not been and is not a co-worker of any foreign intelligence or intelligence service.
(1) The Minister of the Interior of the Czech Republic and the Minister of Justice of the Czech Republic are entitled to require from the bodies listed in the special law a certificate or a finding of the facts referred to in § 3 (1) (a) to (d) .3)
(2) The Minister for the Interior of the Czech Republic and the Minister for Justice of the Czech Republic may, upon request of a certificate or a finding referred to in paragraph 1, authorise, in the case of a police officer or a national or a citizen who is or is to be appointed, the service body to which the provision is to be made.
(3) At the same time, the managing authority or the service authority shall notify the officer, national or citizen that he is required to present the certificate or the finding within 30 days of its receipt.
(4) The application for certification of a police officer or a member of a muis shall be sent to the Federal Ministry of the Interior no later than 30 days after the date of application of this Act.
(5) If the police officer or member does not submit the certificate to the management authority or service body within 30 days of receipt of the certificate, the management authority or service body shall request the Federal Ministry of the Interior to send a copy of the certificate.
Termination of service and transfer
(1) If a police officer or member does not fulfil the conditions for the performance of the duties set out in points (a) to (e) of Article 3 (1) and in points (b) to (e) of Article 5 (1), this shall be considered as grounds for termination of the service by dismissal. 4) The Staff Authority shall decide on the release of the officer or member of the service no later than 15 days from the date on which the reason for the release was established.
(2) If a policeman or member does not fulfil the conditions for the performance of the duties set out in § 3 (1) (f) to (l), this shall be considered as a reason for the transfer to a function other than those referred to in § 2 and 4.
(3) On release, the service shall end on expiry of two calendar months following the date of notification of the decision to release, unless the service authority agrees with a policeman or a national on a shorter period.
(4) If a policeman or a member who does not fulfil the conditions for the performance of the duties referred to in § 3 (1) and § 5 (1) on release from service, (5) the service shall end within two calendar months following the date of receipt of the request for release unless the service authority agrees with the officer or member on a shorter period.
(5) Where a police officer or member refuses to submit a statement of the facts referred to in § 3 (1) and § 5 (1) (b) to (e), and in § 7 within 60 days of the effectiveness of this law or if the statement is false, the procedure laid down in paragraph 1 shall be followed.
Common and final provisions
Save as otherwise provided in this law, the conditions and arrangements for issuing certificates and findings, their service and verification of the facts, disclosure, secrecy, penalties and jurisdiction of courts shall apply to the examination of the findings of the provisions of the special law. 6)
The provisions of this Act shall not apply to citizens born after 1 December 1971.
The provisions of this Act, with the exception of § 2, § 3 (1) (a), (b), (f), (h) and (i) and § 2, § 4 and 5, shall apply for the purpose of establishing certain additional conditions for the provision or appointment to service posts in the Czech Fire Rescue Corps, the Customs Administration of the Czech Republic, the Security Information Service and the Office for Foreign Relations and Information, mutatis mutandis, with a further condition for the performance of duties being that the citizen was not in the period from 25 February 1948 to 17 November 1989,
(a) for provision or appointment to a post of a member of the Security Information Service or the Office for Foreign Relations and Information
1. a member of the National Security Corps, included in the State Security component of the counter-intelligence sector;
2. included as Head of the Department and senior in the State Security Branch;
3. in the National Security Council as Secretary of the main committee of the Communist Party of Czechoslovakia or of the main committee of the Communist Party of Slovakia, a member of the main committee of the Communist Party of Czechoslovakia or of the main committee of the Communist Party of Slovakia, a member of the All-Service Committee of the Communist Party of Slovakia or a member of the National Security Council included in the Assembly for Political, Educational, Cultural and Promotion Activities of the Federal Ministry of Interior,
(b) for the provision or appointment to a post of official office in the Fire Rescue Corps or the Customs Administration by a national National Security Corps member included in the State Security File.
(1) The requirement for the performance of duties in the General Inspection of Security Councils is that no information referred to in Sections 3 (1) and 5 (1) (c) and (d) has been identified for a member of the Security Corps or a citizen.
(2) The term of office shall be understood to mean a post in accordance with the Special Code (1a).
(3) Paragraph 6 to 8 shall apply in order to assess compliance with the conditions for the performance of functions in the General Inspection of Security Councils.
(4) The Director of the General Inspection of Security Councils shall be authorised in accordance with Section 8 if the certificate relates to a member of the Security Corps or a citizen who is to serve in the General Inspection of Security Councils. In the case of a certificate relating to the person to serve as Director of the General Inspection of the Security Corps, that authorisation shall belong to the Prime Minister or the authorised member of the Government.
(5) If a member of the General Inspection of Security Councils does not fulfil the conditions for the performance of his duties, that is the reason for the termination of his duties. The Staff Officer (1a) shall decide on the release of a member of the General Inspection of Security Councils from the service within the period referred to in Article 9 (1).
(6) The service shall expire two calendar months after the date of service of the decision to release, unless the official office (1a) decides a shorter period on the basis of a request from a member of the General Security Corps.
Transfers
(1) A natural person, as a person to make an honest declaration of the facts required, commits an offence by intending to obtain admission to, or to maintain, one of the functions provided for in this Act, to give an incorrect or incomplete indication or to hide the information requested.
(2) A legal or business natural person against whom a person who is to fulfil certain other conditions for the performance of a designated function under this law is in an employment or similar relationship shall commit an offence by:
(a) shall not require the production of evidence of compliance with the conditions for the performance of such duties; or
(b) it does not take the measures provided for, although it knows that the person holding such a function does not fulfil the conditions for its performance.
(3) A fine of up to 50 000 CZK may be imposed for an offence referred to in paragraph 1 or 2.
This Act shall take effect on 1 July 1992.
Burešová v. r.
Pithart v. r.
1) § 51 of ČNR Act No. 283 / 1991 Coll., on the Police of the Czech Republic.
1a) Act No. 361 / 2003 Coll., on the service ratio of members of the Security Corps.
2) Sections 8, 11 and 13 of Act No. 451 / 1991 Coll., establishing certain additional conditions for the performance of certain functions in the state bodies and organisations of the Czech and Slovak Federal Republic, the Czech Republic and the Slovak Republic.
3) § 22 paragraph 1 of Act No. 451 / 1991 Coll.
4) § 106 paragraph 1 (c) of Act No. 186 / 1992 Coll., on the service relationship of members of the Police of the Czech Republic.
5) § 105 paragraph 1 of Act No. 186 / 1992 Coll.
6) Act No. 451 / 1991 Coll.
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Regulation Information
| Citation | Act of the Czech National Council No. 279 / 1992 Coll., on certain other preconditions for the performance of certain functions contained in the provisions or appointment of members of the Police of the Czech Republic and members of the Association of Correctional Education of the Czech Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.1992 |
|---|---|
| Effective from | 01.07.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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