Act No. 294 / 2017 Coll.
Act amending Act No. 585 / 2004 Coll., on the Defence Obligations and its Assurance (Defense Act), as amended, and Act No. 45 / 2016 Coll., on the Service of Soldiers in the Reserve
Valid
Law
Effective from 01.10.2017
Text versions:
01.10.2017
15.09.2017
294
THE LAW
of 17 August 2017
amending Act No. 585 / 2004 Coll., on defence duty and its provision (Defense Act), as amended, and Act No. 45 / 2016 Coll., on the service of soldiers in reserve
Parliament has decided on this law of the Czech Republic:
Amendment of the Defence Act
Act No. 585 / 2004 Coll., on the Defence Obligations and Its Assurance (Defence Act), as amended by Act No. 112 / 2006 Coll., Act No. 318 / 2006 Coll., Act No. 227 / 2009 Coll., Act No. 375 / 2011 Coll., Act No. 320 / 2015 Coll., Act No. 47 / 2016 Coll. and Act No. 183 / 2017 Coll., is amended as follows:
1. In Paragraph 12 (1), the first sentence is replaced by the sentence "The training of a soldier in advance to carry out the tasks of the armed forces shall be carried out in the form of military exercises."
2. Paragraph 12 (2) reads as follows:
"(2) Military training shall be:
(a) regular military exercises which are the military training of an active soldier;
(b) a regular military exercise in which the qualifications of an active soldier are extended in the interest of the armed forces in the educational activities organised by the Ministry of Defence ("the Ministry");
(c) regular military exercises in which an active reserve soldier participates or participates in the provision of actions to promote the armed forces in public; or
(d) voluntary military training, which is the military training of a soldier in reserve. ';
3. In Paragraph 12 (3), "4 'is replaced by" 6'.
4. In Paragraph 12 (5), "3 'is replaced by" 6';
5. In Paragraph 13, the following sentence is added at the end of paragraph 2: "In the case of the profession of an active soldier for military training under Section 12 (2) (c), the medical examination shall replace the written statement of an active soldier. In a written statement, an active soldier shall indicate whether or not his medical condition has changed since the last examination by a medical practitioner who has been able to perform a military active duty. ';
6. In Paragraph 13, the sentence "In the event that a soldier on standby is unable to perform a military exercise or service in an operational deployment, a military exercise or service in an operational deployment, is deemed not to have started from the outset, shall be added at the end of paragraph 4. '
7. In Article 14, at the end of paragraph 3, the sentence "In the event of the release of a soldier in an active reserve from a military exercise to which he has been called pursuant to § 12 (2) (c), the medical examination shall replace the written declaration of the soldier in an active reserve that he is not in medical condition and that there has been no change in his state of health during the military exercise."
8. in Paragraph 17 (2) (a), the words "Ministry of Defence" shall be replaced by the words "Ministry."
Amendment to the law on the service of soldiers in reserve
Act No. 45 / 2016 Coll., on the service of soldiers in reserve, is amended as follows:
1. Paragraph 7 (1) reads as follows:
"(1) Rank
(a) the President of the Republic as a back-up to a soldier in the service of generals on a proposal from the Government of the Czech Republic,
(b) the Minister of Defence to a soldier in reserve in the rank corps of lower and senior officers,
(c) the Director of Military Intelligence to a soldier in reserve in his subordination other than those referred to in (a) or (b); or
(d) Chief of General Staff of the Army of the Czech Republic in reserve not mentioned in points (a) to (c). '
2. Paragraph 20 shall be deleted, including the title.
3. In Article 26 (1), the words "at least one 'are deleted and after the words" regular military exercises' are inserted the words "to a total of at least 7 days'.
4. In Article 26, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) An active reserve soldier shall be remunerated in accordance with the length of service in the regular military exercise or in the operational deployment service referred to in paragraph 1, plus:
(a) 40% if it has been placed under active reserve for at least 2 years;
(b) 50% if it has been placed in an active reserve for at least 4 years;
(c) 60% if it has been placed on an active reserve for at least 7 years;
(d) 70% if it has been placed on an active reserve for at least 10 years; or
(e) 80% if it has been active for at least 13 years.
(3) The increased part of the remuneration referred to in paragraph 2 shall be paid within the next regular payment period following the release from the military exercise and shall be proportionate to the number of calendar days of the regular military exercise and the maximum calendar days of the regular military exercise in the calendar year. In the case of an operational service, the additional part of the remuneration or the remainder of the remuneration shall be paid within the next regular payment period following the release from the military active service. ';
Paragraphs 2 to 5 shall be renumbered paragraphs 4 to 7.
5. In Paragraph 27 (5), "5 'is replaced by" 7'.
6. In Article 33 (3), the words "two years after the death of the professional soldier 'shall be inserted after the words" placed in an active reserve'.
7. In Paragraph 46 (2), "§ 27 'is replaced by" § 3, 27'.
8. In Paragraph 47, the words "77 'are inserted after the words" 70b'.
Transitional provisions
1. For the purpose of increasing the remuneration, the period during which the soldier had entered into an agreement to maintain his military training in accordance with § 35 (5) of Act No. 218 / 1999 Coll., as amended by Act No. 128 / 2002 Coll.
2. If, on the date of entry into force of this Act, a soldier is in reserve in the exercise of an active military service, he shall be remunerated in accordance with Article 26 (2) of Act No 45 / 2016 Coll. from the date of the commencement of the regular military exercise.
EFFECTIVE
That law shall take effect on the first day of the calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
Contents
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 294 / 2017 Coll., amending Act No. 585 / 2004 Coll., on the Defence Obligations and Its Assurance (Defense Act), as amended, and Act No. 45 / 2016 Coll., on the Service of Soldiers in Reserve |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.09.2017 |
|---|---|
| Effective from | 01.10.2017 |
| Effective until | - |
| Status | Valid |
Legal Areas:
State Defence
Administrative law
The regulation text is for informational purposes only.
Comments 0