Act No. 3 / 2002 Coll.
Law on freedom of religion and the status of churches and religious societies and on the amendment of certain laws (Act on churches and religious societies)
Valid
Effective from 07.01.2002
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3
THE LAW
of 27 November 2001
on freedom of religion and the status of churches and religious societies and on the amendment of certain laws (Act on churches and religious societies)
Parliament has decided on this law of the Czech Republic:
FREEDOM OF THE OBJECTIVE RECOGNITION AND STABILITY OF THE OBJECTIVES AND OF THE BODIES
INTRODUCTORY PROVISIONS
Subject matter
This law governs
(a) the status of churches and religious societies;
(b) keeping publicly available lists of registered churches and religious societies, associations of churches and religious societies and registered legal persons;
(c) the competence of the Ministry of Culture (hereinafter referred to as "the Ministry") in matters relating to churches and religious societies.
Freedom of religion
(1) Freedom of thought, conscience and religion is guaranteed. Everyone has the right to express his religion or faith freely either alone or together with others, privately or publicly, by worship, teaching, religious acts or by maintaining the ceremony. Everyone has the right to change their religion or religion or to be without religion.
(2) The right of minors to freedom of religion or to be without religion is guaranteed. 1) Legal representatives of minors may regulate the exercise of this right in a manner appropriate to the evolving abilities of minors.
(3) No one must be forced to enter or leave the church and religious society, to participate or not to participate in religious acts or acts of the church and religious society.
(4) Everyone has the right to choose a spiritual or religious state and to choose for life in communities, orders and similar communities.
(5) No one may be restricted to his rights because he or she claims to the Church and to the religious society that he or she is involved in or supports his or her activities or is without religion.
Basic concepts
For the purposes of this Act:
(a) the church and religious society of a voluntary community of persons with their own structure, bodies, internal regulations, religious ceremonies and expressions of faith, based on the purpose of confessing a certain religious faith, whether publicly or privately, and in particular the associated assembly, worship, teaching, spiritual services and, where appropriate, public service activities;
(b) registered legal person institution14a) established by a registered church and religious society for the purpose of confessing religious faith or for the exercise of charitable, social, health or other public service activity 21) and registered under this Act;
(c) a person applying to the church and to the religious society, a person who, according to his belief and internal rules of the church and the religious society, belongs to it;
(d) identification details of the name, name and surname, birth number or date of birth, address of the place of residence in the territory of the Czech Republic where the natural person is declared to have a permanent or temporary residence, or residence, if they do not have a permanent or temporary residence, in the case of foreigners, the name and registered office of the legal person;
(e) registered church and religious society, association of churches and religious societies and registered legal persons address of registered church and religious society headquarters, association of churches and religious societies and registered legal persons in the Czech Republic.
OBJECTIVES AND BODIES COMPANY
Status of churches and religious societies
(1) The Church and the religious society are created by voluntary associations of natural persons and decide arbitrarily on matters relating to religion, the organisation of the religious community and the creation of designated institutions.
(2) The State, regions and municipalities cannot carry out religious or anti-religious activities.
(3) Churches and religious societies manage their affairs, in particular establish and abolish their bodies, establish and recall their clergy and establish and abolish church and other institutions according to their regulations, independently of the state authorities. 3)
(4) The Church and the religious society must not use a name that could make it interchangeable by name with a registered church and religious society or another legal person.
Conditions for the creation and operation of churches and religious societies
The Church and a religious society whose teaching or activity pursues infringement of the law or the achievement of an objective cannot establish and operate in an illegal manner, in particular where:
(a) deny or restrict the personal, political or other rights of natural persons for their nationality, sex, race, origin, political or other sentiments, religion or social status;
(b) ignites hatred and intolerance;
(c) promote violence or infringements;
(d) seriously impair public morality, public policy or public health;
(e) limit the personal freedom of persons, in particular by using psychological or physical coercive pressure to create dependencies which result in the physical, psychological or economic harm to such persons or their family members, to harm their social ties, including the restriction of the psychological development of minors or the restriction of their right to education (4), or prevent minors from receiving healthcare appropriate to their health needs; or
f) Her teaching is classified in whole or in certain parts, as well as the organisational structure of the church and religious society and links to foreign branches, if it is part of the church and religious society operating outside the Czech Republic.
Registered churches and religious societies
(1) The Church and the Religious Society shall become a legal person by registration under this Act, unless otherwise provided for in this Act.
(3) The registered church and religious society may in particular:
(a) to teach and educate your spiritual and lay workers in your own schools and other institutions as well as in the higher education institutions of the Bohemian and Bohemian faculties under the conditions of special legislation, 5)
(b) obtain authorisation to exercise special rights under this law.
Special rights of registered churches and religious societies
(1) The registered church and religious society may, under the conditions laid down in this Act, be authorised to exercise the following special rights:
(a) teaching religion in public schools under special legislation, 4)
b) to entrust persons carrying out spiritual activities to perform spiritual services in the armed forces of the Czech Republic, in places where custody, imprisonment, security detention, protective treatment and protective education are carried out;
(c) perform ceremonies in which church marriages are concluded under special legislation, 7)
(d) establish church schools under special legislation, 4)
(e) maintain the obligation of secrecy by the clergy in connection with the exercise of a confessional secret or with the exercise of a right similar to that of a confessional secret, provided that that obligation is a traditional part of the teaching of the Church and of a religious society for at least 50 years; this is without prejudice to the obligation to prevent a crime imposed by a special law. 8)
(2) The exercise of special rights under points (a) to (d) of paragraph 1 shall be governed by specific legislation. 9)
(3) The registered church and religious society entitled to exercise special rights shall publish annually the annual exercise report referred to in paragraph 1 (a) to (d).
Church and religious associations
(1) In order to exercise the right of religious freedom under this law, registered churches and religious societies may establish a union of churches and religious societies. The Union of Churches and Religious Companies is established as a legal person by registration under this law.
(2) Only registered churches and religious societies can be members of the association of churches and religious societies.
REGISTRATION OF THE OBJECTIVES AND THE BRANCH COMPANY, THE CONSIDERATION OF THE OBJECTIVES AND THE CONTRACTING AUTHORITIES TO THE PERFORMANCE OF SPECIFIC RIGHTS
Common provisions on registration
(1) The application for registration of a church and a religious society, a association of churches and religious societies and the application for the authorisation of a registered church and a religious society for the exercise of special rights is submitted to the Ministry by a person under this law.
(2) The Church and the religious society or association of churches and religious societies are registered and registered to the Church and religious society are granted permissions for the exercise of special rights on the date on which the decision to register the church and religious society or association of churches and religious societies or the decision to grant special rights to the church and religious society by the Ministry has acquired legal authority.
Proposal for registration of church and religious society
(1) The proposal for registration of the Church and Religious Society is submitted to the Ministry by at least three natural persons who have reached the age of 18 who are self-employed and are citizens of the Czech Republic or foreigners with permanent residence in the Czech Republic (hereinafter referred to as the Preparatory Committee). The members of the Preparatory Committee shall sign the draft and provide their identification data. The draft Preparatory Committee shall determine which of its members is empowered to act on behalf of the Preparatory Committee. The signatures of the members of the Preparatory Committee shall be officially verified. 10)
(2) The proposal for registration of a church and a religious society must include:
(a) the basic characteristics of the Church and the religious society, its teaching and mission;
(b) the registration of the establishment of a church and a religious society in the Czech Republic,
(c) in the original, the signatures of at least 300 elderly citizens of the Czech Republic or foreigners with permanent residence in the Czech Republic applying to this church and to religious society, indicating their identification data under this law and indicating the same text on each signing sheet, stating the full name of the church and religious society collecting signatures for the purpose of its registration, and showing that the signature sheet is signed only by the person reporting to that church and religious society, 11)
(d) the basic document; and
(e) identification of members of the statutory body of the church and of the religious society, if they are established at the time of the application for registration of the church and religious society.
(3) The basic document of the church and of the religious society submitted pursuant to paragraph 2 (d) must contain:
(a) the name of the church and the religious society; the name of the church and the religious society need not include a designation of its legal form,
(b) the mission of the Church and of the religious society and the fundamental elements of its faith;
(c) the seat of the church and religious society in the Czech Republic,
(d) the designation of the statutory body of the church and of the religious society, the manner in which it is to be acted and its establishment and withdrawal, the length of the term of office of its members, or, where appropriate, the designation of other bodies of the church and of the religious society or registered legal persons entitled to submit proposals under this law, the scope of that authorisation and the manner in which it is to act on behalf of the church and religious society;
(e) the organisational structure of the church and religious society, including the supervisory authority or bodies, their composition and competence, if any, and the list of all types of registered legal persons which will be proposed for registration under this law, the manner in which they are established and the manner in which they are to be cancelled, including, where appropriate, the indication of the legal successor in the event of their demise, the designation of their statutory bodies, the manner in which they are to be established and withdrawn, the length of the term of office of the members of the statutory bodies;
(f) the method of establishing and withdrawing the clergy and the list in the church and religious society used by the clergy names,
(g) the way in which the amendments to the basic document and those documents of the Church and of the religious society and their amendments are approved, or from which data are entered in the basic document,
h) the integration of the church and religious society into the structures of the church and religious society outside the Czech Republic;
(i) the principles of the management of the Church and the religious society, in particular the way in which the funds are obtained, including the scope of the authorisation of persons, bodies and other institutions of the Church or of the religious society to dispose of the property and the data referred to in Article 27 (2);
(j) the method of disposal of the balance resulting from the liquidation of the church and the religious society;
(k) the rights and obligations of persons applying to the Church and the religious society.
(4) The preparatory committee shall act on behalf of the Church and the religious society until the establishment of a statutory body.
(5) If the members of the statutory body are not established at the time of the application for registration of the Church and the religious society, the Church and the religious society shall notify the Ministry of their identification information within 10 days of their establishment.
Application for authorisation to exercise special rights
(1) An application for authorisation to exercise special rights may be made by a registered church and a religious society which:
(a) it has been registered under this law continuously on the date of the application for at least 10 years;
(b) at least 10 years before the submission of the proposal, send an annual activity report and accounts to the Ministry for the previous calendar year,
(c) fulfil duly the obligations towards the state12) and third parties;
(d) is fair.
(2) An application for authorisation to exercise special rights may be filed for the exercise of one or more special rights under Paragraph 7 (1).
(3) The application for authorisation to exercise special rights pursuant to Article 7 (1) (a) to (d) must contain:
(a) in the original of the signatures of so many aged citizens of the Czech Republic or foreigners with permanent residence in the Czech Republic, reporting to this church and religious society at least 1 per cent of the population of the Czech Republic according to the last census, 13) with an indication of their identification data under this law and an indication of the identical text on each signing sheet, which states the full name of the church and religious society which collects signatures for the purpose of granting a special rights authorisation, and which shows that the signature sheet is signed only by a person applying to this church and religious society, 11)
(b) a statement that its activities as legal entities under this Law do not contravene the conditions laid down by this Law and that they comply with the conditions laid down in paragraph 1 (c).
(4) The application for authorisation to exercise a special right referred to in Article 7 (1) (e) shall contain the particulars referred to in paragraph 3 and, in addition, a document confirming that the obligation of secrecy of the priests in connection with the exercise of confessional secrecy or in connection with the exercise of a right equivalent to that of confessional secrecy is a traditional part of the teaching of the Church and religious society for at least 50 years.
(5) For the purposes of this law, a registered church and a religious society that has been convicted of a crime relating to the exercise of special rights or to a crime shall not be considered to be lawful unless it is viewed as not being convicted.
(6) The integrity is demonstrated by an extract from the criminal record. The Ministry shall request an extract from the criminal record in accordance with the special legislature20). An application for an extract from the criminal record and an extract from the criminal record shall be sent in electronic form in a way that allows remote access.
Proposal for registration of the association of churches and religious societies
(1) The proposal for registration of the association of churches and religious societies must include:
(a) the name of the association of churches and religious societies; the name of the association of churches and religious societies need not include the designation of its legal form,
(b) the seat of the association of churches and religious societies in the Czech Republic,
(c) a written founding agreement concluded by the founding churches and religious societies, specifying their names and registered offices;
(d) the statutes of the Union in which the activities of the Union of Churches and Religious Societies are determined, the arrangements for property regimes, the establishment and termination of membership, the rights and obligations of members, the statutory body of the Union of Churches and Religious Societies and other bodies of the Union, the duration of the term of office of the members of its bodies, the manner in which they are established and the extent of their authorisation to act on behalf of the Union, the manner in which the Union is wound up and the disposal of its balance;
(e) the identification of persons authorised to act until the establishment of the institutions of the Union of churches and religious societies on its behalf (hereinafter referred to as the "Preparatory Committee of the Union") and the identification of which of its members is authorised to act on behalf of the Preparatory Committee of the Union.
(2) The written founding agreement establishing a association of churches and religious societies is presented in the form of a notarial record.
(3) The proposal for registration of the association of churches and religious societies is submitted by the Preparatory Committee of the Union. The signatures of the members of the Preparatory Committee of the Union shall be officially verified. 10)
Ministerial procedure
(1) The Ministry shall, in the proceedings for registration of churches and religious society, the association of churches and religious societies, or in the proceedings for the authorisation to exercise special rights of registered churches and religious societies (hereinafter referred to as the "registration proposal"), examine:
(a) whether the application for registration is made by a person fulfilling the conditions laid down by this law;
(b) whether the registration or granting of an entitlement to exercise special rights is not contrary to this law;
(c) in the case of proceedings for registration of a church and a religious society and the procedure for the granting of an authorisation for the exercise of special rights, whether the activities of a church and a religious society are contrary to its basic document and to the conditions laid down by this law.
(2) Where the information in the application for registration referred to in paragraph 1 corresponds to the actual situation of the case and the conditions referred to in paragraph 1 are met, the Ministry shall decide that the Church and the religious society are registered or that the Union of Churches and Religious Companies is registered or that specific rights are granted.
(3) If the information in the application for registration referred to in paragraph 1 does not correspond to the actual situation of the case, or if the conditions laid down in paragraph 1 are not fulfilled, the Ministry shall decide that registration of the Church and the religious society or registration of their association or entitlement to exercise special rights shall be refused.
(4) The Ministry will register the Church and the religious society and grant entitlement to exercise special rights in the Register of Registered Churches and Religious Companies on the date on which the decision became final.
(5) The Ministry will register the Union of Churches and Religious Companies in the Register of Association of Churches and Religious Companies on the date on which the registration decision became final.
(6) The Ministry shall take a decision pursuant to paragraph 2 or 3 or decide to terminate the procedure within the time limit set by the general rules on administrative procedures. If, in view of the nature of the case, it cannot be decided within that period, the Minister may extend it accordingly. The Ministry shall inform the applicant of the extension of the time limit, stating the reasons.
Registration of amendments
(1) Registration is also required for changes to the basic document of the church and religious society, changes to the founding agreement of the association of churches and religious societies, its name, seat and statutes. The proposal for registration of changes shall be submitted to the Ministry by the Church and the Religious Society and the Union of Churches and Religious Societies no later than 10 days after the date of the change.
(2) The application for registration of amendments must contain a new full text of the document to which the amendments relate.
(3) Registration is not subject to changes in the composition of the statutory body of the registered church and religious society, the statutory bodies of the associations of churches and religious societies or to changes in the identification data of members of the statutory bodies. These amendments shall be registered by the Ministry in accordance with paragraph 5.
(4) The amendments referred to in paragraph 3 shall be made to the registered church and religious society and to the association of churches and religious societies, including evidence of the establishment of such persons, by the competent authority, in accordance with the basic document of the church and religious society referred to in Article 10 (3) (d) and the statutes of the association of churches and religious societies, and shall notify the Ministry at the latest within 10 days of the date of the change.
(5) The Ministry shall record the amendment referred to in paragraph 3 within 5 working days of the date of receipt of the complete request for data changes to the Register of Registered Churches and Religious Companies or the Register of the Association of Churches and Religious Companies. Where the request for amendment referred to in paragraph 3 is incomplete or suffers from other defects, the Ministry shall, within 5 working days, invite a registered church and a religious society or association of churches and religious societies to remove it to the extent that it has been notified to it.
(6) The Ministry will amend the registration in the Register of Registered Churches and Religious Companies or the Register of Association of Churches and Religious Companies without proposal and without decision, if it is a change that is triggered by a change in the reference data in the basic register, by a decision of the court or administrative authority, or by a change that involves correcting errors in writing and numbers or other apparent errors in the minutes. Where such a change is manifested in the public part of the Register of Registered Churches and Religious Companies or the Register of Church and Religious Societies, the Ministry shall inform the Registered Church and the Religious Society or Association of Churches and Religious Companies to which the registration relates of the change of registration by sending a statement from the public part of the Register.
NOTIFIED LEGAL PERSONS
General provisions on registered legal persons
(1) The application for registration of a registered legal person is submitted by a registered church and a religious society. The registered legal person becomes a legal person on the date of registration under this Act.
(2) Other legal persons established by a registered church and religious society which are not registered under this Act may become legal persons by registration or registration under special legislation14b).
(3) The registered church and religious society shall, within 10 days of the date on which the change took place in the Register of registered legal persons, submit a proposal for registration of that change, accompanied by a new full text of the statutes, statutes or similar document of the registered legal person, if they have been amended. The Ministry shall apply paragraphs 5 and 6 of Paragraph 15 mutatis mutandis. If the statutes, statutes or similar documents of a registered legal person have changed and do not lead to a change in the data kept on the registered legal person in the Register of Registered Legal Persons, the registered church and the religious society shall send their new full text to the Ministry within 10 days of the date on which the change took place.
(4) Entrepreneurship and other gainful activities of registered legal persons can only be a secondary activity.
Registration of registered legal person
(1) An application for registration of a registered legal person shall contain:
(a) evidence of its establishment by the competent authority of the registered church and religious society in accordance with its basic document;
(b) the subject matter of the service, business and other gainful activities and its statutes, statutes or equivalent, if any;
(c) its name; the name of the registered legal person need not include a designation of its legal form;
(d) its registered office in the Czech Republic;
(e) the designation of its statutory body in the Czech Republic;
(f) identification of members of its statutory body;
(g) the manner in which its statutory body is to act; and
(h) the designation of the type of registered legal person as set out in the basic document referred to in Article 10 (3) (e).
(2) The registered church and religious society shall submit an application for registration of the registered legal person within 10 days of the date of establishment of the registered legal person. The Ministry shall record the legal person by entering the Register of registered legal persons within 5 working days of the date of receipt of the application. The record shall be recorded on the date of its establishment in a registered church and religious society.
(3) If the registered church and religious society fail to comply with the time limit referred to in paragraph 2, the registration shall be made by registration on the date of receipt of the proposal referred to in paragraph 1 to the Ministry.
(4) If the application for registration of a registered legal person does not have all the particulars referred to in paragraph 1 or if it suffers from other defects, the Ministry shall, within 10 working days of the date of receipt of the application, invite the registered church and the religious society to remove them within 30 days.
(5) If the registered church and the religious society do not remove the defects in the application for registration of a registered legal person, or if it is not a registered legal person, the Ministry shall reject the proposal by decision which it issues as the first action in the proceedings.
REGISTERS OF REGISTERED OBJECTIVES AND BODIES, BUSINESS AND BODIES AND REGISTERED LEGAL PERSONS
Common provisions on registers of registered churches and religious societies, associations of churches and religious societies and registered legal persons
(1) The Ministry shall keep the Register of Registered Churches and Religious Companies, the Register of Association of Churches and Religious Societies and the Register of Registered Legal Persons to which legal persons registered or registered under this Act and the statutory data specified therein shall be entered. Each of these registers shall include a collection of documents evidencing the facts entered in the register and other documents provided for by this Act.
(2) The registers referred to in paragraph 1 are public lists, with the exception of information on the address of the place of residence or residence, the birth number and citizenship of foreigners, and with the exception of the documents referred to in Article 10 (2) (c) and Article 11 (3) (a).
(3) The registers referred to in paragraph 1 in the part in which they are a public list shall have the right to consult each and to obtain extracts or copies thereof. At the written request, an official copy, extract or certificate of registration may be issued from the public part of the registers or the absence thereof. From the non-public part of the registers, such document may be issued only if the applicant certifies the legal interest.
(4) The extract issued by the Ministry pursuant to paragraph 3, second sentence, shall contain information on a registered church and a religious society pursuant to § 18 (1), on a association of churches and religious societies pursuant to § 19 (1) or on a registered legal person pursuant to § 20 (1). The extract shall be issued with these particulars in force on the date of its issue or on the requested date. The full statement shall contain all such information and any changes thereto.
(5) The facts recorded in the registers referred to in paragraph 1 shall be effective against each of them from the date of their registration. A person who acts in confidence in the registration of a register may not object to the fact that the registration is not in conformity with the registration.
(6) The registration in the registers referred to in paragraph 1 of this Article shall be carried out by the Ministry on the date on which the decision became final. The minutes and their amendments to which the Ministry does not give its decision shall be made by the Ministry on the date specified by this Act.
(7) The Ministry shall assign an identification number to registered churches and religious societies, associations of churches and religious societies and registered legal persons when entering such legal persons in the registers referred to in paragraph 1; the identification number shall be provided by the Ministry to the administrator of the basic register of persons 15).
(8) The Ministry shall publish parts of the registers referred to in paragraph 1, which are a public list, in a manner which allows remote access and allows an officially certified electronic extract with the data in force on the date of its issue.
(9) The entry in the registers referred to in paragraph 1 of the subject-matter of the activity shall not replace the authorisation to exercise it. This authorisation is only obtained on the basis of compliance with the conditions laid down in specific legislation15a).
Register of registered churches and religious societies
(1) The following information and amendments to the Register of Registered Churches and Religious Companies are entered:
(a) the name and address of the registered church and religious society, indicating the date and number of the registration;
(b) the name of the statutory body of the registered church and religious society;
(c) identification of members of the statutory body and guardian of the registered church and religious society, the date on which their office was established and the expiry of their duties;
(d) the subject matter of the general service, business and other gainful activities, if they are carried on;
(e) the identification number of the registered church and religious society;
(f) the entitlement to exercise the special rights, specifying the individual special rights granted pursuant to Article 7 (1), the date on which they were granted and the change in their scope;
(g) the cancellation of the registration of the church and of the religious society, stating the legal reason, the entry into liquidation and the identification of the liquidator, the bankruptcy decision, the cancellation of bankruptcy because the property is completely inadequate, and the identification of the insolvency administrator, indicating the date and number of the decision on these matters, the disappearance of the registered church and the religious society;
(h) identification of the legal successor of the church and of the religious society, if they are cancelled with the legal successor;
(i) the manner in which the statutory body of the registered church and religious society is to act.
(2) The register of registered churches and religious societies contains basic documents of churches and religious societies and annual reports and accounts sent to the Ministry.
Register of associations of churches and religious societies
(1) The following information and amendments to the Register of Association of Churches and Religious Companies are entered:
(a) the name and registered office of the association of churches and religious societies, indicating the date and number of the registration;
(b) the names of the members of the association of churches and religious societies and their headquarters;
(c) the name of the statutory body of the association of churches and religious societies;
(d) identification of members of the statutory body and guardian of the association of churches and religious societies, the date on which their office was established and the expiry of their duties;
(e) the subject matter of the activities of the association of churches and religious societies,
(f) the identification number of the association of churches and religious societies;
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Regulation Information
| Citation | Act No. 3 / 2002 Coll., on the Freedom of Religious Religion and the Status of Churches and Religious Societies and on the Amendment of Certain Laws (Act on Churches and Religious Societies) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.01.2002 |
|---|---|
| Effective from | 07.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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