Act No. 308 / 2008 Coll.
Act amending Act No. 170 / 2002 Coll., on War Veterans, as amended
Valid
Law
Effective from 01.10.2008
Text versions:
01.10.2008
21.08.2008
308
THE LAW
of 17 July 2008
amending Act No. 170 / 2002 Coll., on War Veterans, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 170 / 2002 Coll., on War Veterans, as amended by Act No. 190 / 2005 Coll. and Act No. 70 / 2007 Coll., is amended as follows:
1. At the end of the text § 1, the words "other ceremonial and piety events involving war veterans and the appointment of war veterans to higher military ranks" are added.
2. In Section 2, the word "Army 'is replaced by" Armed Forces'.
3. In Paragraph 2 (1), the word "Army 'is replaced by" Armed Forces' and the word "Army 'is replaced by" Armed Forces'.
4. In Article 3 (1), the words "after 1945 'shall be inserted after the words" after 1945'.
5. In Article 3 (1) and (2), the word "army 'is replaced by the words" armed forces'.
6. In Article 3, the following paragraph 3 is inserted after paragraph 2, including footnotes 1 and 1a:
"(3) A member of the armed forces or police shall not be regarded as a war veteran, even if he fulfils the conditions of a war veteran set out in paragraphs 1 and 2, provided that he has been lawfully sentenced to an unconditional prison sentence for an intentional offence committed in connection with the performance of the service referred to in paragraph 1 or has been convicted of another offence for the loss of military rank. A member of the armed forces referred to in paragraph 1 shall not be regarded as a war veteran if he has ceased to serve under another legislation (1), or as a member of the police referred to in paragraph 1, provided that he has been given a disciplinary sentence under another legislation (1a).
1) § 18 (c) of Act No. 221 / 1999 Coll., on professional soldiers.
(1a) § 42 (1) (e) of Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps. '
Paragraph 3 shall become paragraph 4.
footnote 1 shall be renumbered footnote 1d, including footnote references.
7. In Article 3 (4), "(d), (e) or (f) 'is replaced by" (a) to (f)';
8. In Article 4, the words "and keep records of certificates issued 'shall be added at the end of the text of point (a).
9. In Article 4 (b), the word "primarily 'is inserted after the word" pooling'.
10. in Article 4, at the end of point (f), the dot is replaced by a comma and the following points (g) and (h) are added:
"(g) may provide for festive and piety events involving war veterans, in particular on the occasion of public holidays and significant anniversary of the participation of the armed forces in armed conflicts and peacekeeping operations;
(h) may provide the war veteran with a catering allowance of the amount which he contributes to racing meals under another legislation (1b) and provides racing meals in his own catering facilities (1c); a food allowance under this Act may not be granted to a war veteran if he is granted a food allowance.
1b) Paragraph 48 (8) of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules). Section 8 of Act No. 198 / 1993 Coll., on the illegality and resistance of the Communist regime.
1c) § 69 of Act No. 218 / 2000 Coll. '.
11. in Article 5 (1) and (4) and in Annexes No 1 and 2, the words "or service with a grade designation" shall be inserted after the words "rank."
12. in Paragraph 5 (1), the word "special" is replaced by the word "other."
13. in Article 5, the following paragraph 4 is inserted after paragraph 3:
"(4) In the cases at issue, the Ministry of Foreign Affairs shall, at the request of the Ministry, issue a binding opinion determining whether the conflict or peace operation referred to in Article 3 is armed, the location and duration of the armed conflict or the peace operation, and whether the army in which the person was in charge of the war veteran's certificate was an ally. '
Paragraph 4 shall become paragraph 5.
14. The following Section 5a is inserted after Section 5, which includes the title and footnotes Nos 1e to 1g:
Appointment of war veterans to higher military ranks
(1) A war veteran who is a professional soldier or a soldier in reserve 1e) can only be appointed to a higher military rank under another law 1f).
(2) A war veteran to whom a military obligation has expired (1g) may be appointed to a higher military rank. A war veteran can also be appointed posthumously to a higher military rank.
(3) The War Veteran shall be appointed by the Minister of Defence to the rank of General President of the Republic on a proposal from the Government and other military rank.
(4) The Administrative Regulation shall not apply to the appointment of a war veteran to a higher military rank.
1e) § 26 of Act No. 585 / 2004 Coll., on the defence obligation and its provision (the Defence Act).
1f) Act No. 221 / 1999 Coll., on professional soldiers, as amended. Act No. 220 / 1999 Coll., on the course of basic or replacement service and military exercises and on certain legal ratios of soldiers in reserve, as amended.
1g) Sections 2 and 7 of Act No. 585 / 2004 Coll. '.
15. In Paragraph 6 (2), the third sentence is replaced by the following: "After payment of the share of the cost of housing, food and services, at least 15% of his income must remain for the war veteran. The income for the purposes of payment is income under the Lifetime and Existing Minim1h Act). The income is not paid for care 2). '
footnotes 1h and 2 are as follows:
"1h) Act No. 110 / 2006 Coll., on Life and Existing Minimal, as amended.
2) Article 7 of Act No. 108 / 2006 Coll., on Social Services. '.
This Act shall take effect on 1 October 2008.
Wolf
Klaus v. r.
v. Chunek v. r.
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Regulation Information
| Citation | Act No. 308 / 2008 Coll., amending Act No. 170 / 2002 Coll., on War Veterans, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.08.2008 |
|---|---|
| Effective from | 01.10.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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