Decree of the Ministry of Defence No. 310 / 1996 Coll.
Decree of the Ministry of Defence amending and supplementing Decree of the Ministry of Defence No. 7 / 1996 Coll., on the monetary and natural formalities of soldiers in active service and students of military schools who are not soldiers
Valid
Order
Effective from 01.01.1997
Text versions:
01.01.1997
31.12.1996
310
DECLARATION
Ministry of Defence
of 18 December 1996
amending and supplementing Decree No. 7 / 1996 of the Ministry of Defence Coll., on the cash and in-kind formalities of active duty soldiers and non-military pupils
According to § 11 of Act No. 480 / 1992 Coll., on the physical security of soldiers and pupils of the armed forces schools and their liability for damage, as amended by Act No. 161 / 1995 Coll.:
Decree of the Ministry of Defence No. 7 / 1996 Coll., on the cash and in-kind formalities of soldiers in active service and pupils of non-military schools are amended and supplemented as follows:
1. Article 1 (1), including footnote 1, reads as follows:
"(1) Soldiers in the basic (replacement) service (hereinafter referred to as" soldiers in the basic service ") belong to the service according to the military ratings achieved (1) in the following monthly amounts:
| vojín | 380 Kč, |
| svobodník | 440 Kč, |
| desátník | 550 Kč, |
| četař | 600 Kč, |
| rotný | 650 Kč, |
| rotmistr | 750 Kč, |
| podporučík | 800 Kč. |
1) § 4 (a) to (d) of Act No. 76 / 1959 Coll., on certain service conditions of soldiers, as amended by Act No. 228 / 1991 Coll. '
2. Note 2:
"2) Article 5 of Act No. 76 / 1959 Coll., as amended by Act No. 228 / 1991 Coll. '.
3. In Paragraph 3 (3), at the end of the sentence, the dot is replaced by a comma and the following words are added: "However, the maximum period until the date of release from the essential (replacement) service, including when the surcharges are due only for the days on which these activities or services are carried out."
4. Article 4, including Notes Nos 4a and 4b, reads as follows:
(1) The cash requirements belong to the basic service during the period of performance. (4a)
(2) The conditions of entitlement to cash requirements are not met by a soldier in a basic (replacement) service for a period of time missed by defection or arbitrary separation. (b)
(3) The payment of the cash requirements shall not be refunded, even if the entitlement to it has ceased, in whole or in part, except where the conditions of entitlement to the formalities referred to in paragraph 2 are not fulfilled.
4 (a) § 27 (2), § 28 (3) of Act No. 92 / 1949 Coll., Defense Act, as amended by Act No. 188 / 1993 Coll.
4b) § 40 paragraphs 1 and 2 of Act No. 92 / 1949 Coll., as amended by Act No. 164 / 1992 Coll. '
Article 5 (2) reads as follows:
"(2) Soldiers called from an advance in the categories of ensign, officer and general belong to the service according to the military rank in monthly amounts:
| rotmistr | 750 Kč, |
| nadrotmistr, podporučík | 800 Kč, |
| podpraporčík | 850 Kč, |
| praporčík, poručík | 900 Kč, |
| nadpraporčík | 950 Kč, |
| nadporučík | 1000 Kč, |
| kapitán | 1100 Kč, |
| major | 1200 Kč, |
| podplukovník | 1300 Kč, |
| plukovník | 1400 Kč, |
| generálmajor | 1600 Kč, |
| generálporučík | 1800 Kč, |
| generálplukovník | 2000 Kč.“. |
6. In Article 5 (7), the word "mutatis mutandis" shall be inserted after the words "from the advance."
7. Article 6 (1) reads as follows:
"(1) To students of military secondary schools, 6) who are not soldiers in active service (hereinafter referred to as" pupils ") are entitled to an allowance of CZK 200 per month. The Chief of Military High School will increase the allowance based on study results:
(a) up to an amount of CZK 300 per month for pupils who have achieved an overall assessment "benefited very well,"
(b) up to CZK 350 per month for pupils who have achieved an overall assessment "served with distinction."
8. In Article 7 (2) (d), the words "and pupils' shall be inserted after the word" students' and the dot shall be replaced by a comma at the end and the following point (e) shall be added:
"(e) in training with explosives or under-water training in which it is necessary to use a diving apparatus, at the rate of CZK 30 per hour; the total period shall be determined by the sum of each period per calendar month, the period exceeding 30 minutes being counted as an entire hour. ';
9. Paragraph 8 (1) shall be added to point (e) as follows:
"(e) up to an average of 3,0 in the amount of CZK 100,"
The following sentence shall be added at the end of the paragraph: "In the first semester, and if the student in the next service8) fails to fulfil the duties for the previous semester, he shall be entitled in the new semester to the study allowance referred to in point (e) by the end of the calendar month in which he completed the duties for the previous semester. '
10. in Paragraph 8, the following paragraph 2 is inserted after paragraph 1:
"(2) Students in another service8) in the course of studies which, according to the Statute of Higher Education (8a), last five years shall be entitled to the study allowance referred to in paragraph 1 for the previous semester.
8a) § 28 (1) (c) of Act No. 172 / 1990 Coll. '.
Paragraph 2 shall become paragraph 3.
11. the following Section 8a is inserted after Section 8:
The provisions of Section 4 of this Decree shall apply mutatis mutandis to students and pupils during the performance of the basic (replacement) and other services8. '
12. Article 9 (1) reads as follows:
"(1) Students of a daily study who, prior to commencing the studies, served as an occupational soldier for a period of less than six months shall, for the period of study, receive an additional rating in accordance with the military rank laid down in the special regulation10) and a study allowance of:
1000 CZK a month in 1st year,
1200 CZK a month in 2nd year,
1400 CZK per month in the 3rd year,
1600 CZK a month in 4th and next years. "
13. in the first sentence of Paragraph 9 (2), the words "paying a salary under a special provision before starting a study, 10)" shall be replaced by the words "performing the service of an occupational soldier for at least six months," in the fourth sentence the words "belonging" shall be replaced by the words "paying a special allowance of CZK 500," and the word "tenth" shall be replaced by the word "highest."
14. In Paragraph 9 (5), the following sentence is added at the end: "If a student fails to fulfil the duties for the previous semester, he is not entitled to an increase in the study allowance in the new semester until the end of the calendar month in which he completed the duties for the previous semester."
15. Article 9 shall be added to paragraph 6:
"(6) The study allowance referred to in paragraph 2 shall be increased by CZK 1000 per month for postgraduate student11."
16. In the second sentence of Paragraph 10 (1), the word 'tenth' is replaced by 'highest'.
17. in Article 10 (3), "36" is replaced by "60" and "64" is replaced by "40."
18. In Article 15 (8), the dot at the end of the sentence is replaced by a comma and the following words are added: "a period exceeding 15 days shall be considered as a full calendar month; 15 days and less shall not be taken into account. ';
19. In Part One, Title Five reads:
"PROVISION OF REFUNDS ON SERVICE TRAVEL, TRANSFER, TRANSFER, TRANSFER AND SEND FOR THE FOREIGN STUDY '.
20. In Paragraph 17 (2), the words "the place of permanent residence of a soldier or another municipality in which 'are replaced by the words" another place in which';
21. Paragraph 18 (2) (b) reads as follows:
"(b) reimbursement of travel expenses pursuant to § 27 (4) to (6) of this Order for travelling to a permanent residence of a family or between a commander of a military unit and a soldier of a prearranged family stay and return, if it is more economical, if the business trip lasts more than seven consecutive calendar days, once a week."
22. In the last sentence of Paragraph 19 (2), the words "to the rank of Sergeant inclusive 'shall be deleted.
23. In Section 24, the word "urban 'is replaced by" local'.
24. in Article 26 (1) (c), the words "at the regular place of work" shall be inserted after the words "apartment."
25. In Paragraph 26 (4) (h), after the word "family," the words "at the regular place of work" shall be deleted.
26. In Paragraph 27 (2), the following is inserted at the beginning of the sentence: "Soldier in the next service, 8) '.
27. The second sentence of Paragraph 27 (4) reads: "A higher-quality train supplement, including a seat or a replacement for the use of a long-distance bus, including a seat, shall be paid at a distance of at least 101 km in one direction and the travel costs of local public transport shall be borne when transferring from one mass means of long-distance transport to another."
28. In Paragraph 28 (1) (a), the following words are added at the end of the word "commuting": "pursuant to § 27 (4) and (6) of this Decree."
29. The following Section 28a is inserted after Section 28:
If the military administration has not provided accommodation at the regular place of work and a daily return to the place of permanent residence is not possible, the professional soldier shall be entitled to reimbursement of the proven travel expenses from the place of accommodation determined by the military administration to the place of regular work. Reimbursement of travel expenses is subject to § 27 (4) and (6) of this Decree. '
30. In Paragraph 29 (1), the comma after the words "Ministry of Defence" is replaced by "a," the words "and contribution organisations set up by the Ministry of Defence" are deleted; in points (a) to (c) the amounts "1300 CZK" are replaced by "2000 CZK" and in point (d) the amount "650 CZK" is replaced by "1000 CZK."
31. in Paragraph 29 (2), the words' an agreement on the use of an apartment 'shall be replaced by' an agreement on the lease of an apartment ';
32. In Paragraph 29 (3), the following sentence is added at the end: "If more soldiers from the occupation move to their own home or their own apartment, the allowance shall be paid to only one owner of the home or the owner of the apartment. '.
33.In Paragraph 34, "paragraph 2 (b) 'is replaced by" paragraphs 1 and 2';
34. In Part One, Title Five, the following Section Four is inserted after Section Three:
Refunds on secondment to study abroad
Types of refund
A professional soldier sent to study abroad shall:
(a) reimbursement of travel expenses;
(b) reimbursement of accommodation expenses,
(c) reimbursement of the necessary incidental expenses.
Reimbursement of travel expenses
(1) A professional soldier sent to study abroad is entitled to reimbursement of travel expenses pursuant to § 19 (2) or, as the case may be, § 34 of this Decree:
a) at the beginning and completion of the study to the place of study and back to the Czech Republic,
b) for studies over six months after completion every six months for travel to and from the Czech Republic,
(c) during the course of study due to a serious illness or accident of an occupational soldier or serious illness, an accident or death of a family member for travelling to and from the Czech Republic.
(2) The sending authority shall agree in advance with the professional soldier seconded to study abroad the type of means of transport, the extent and the amount of compensation.
Compensation of accommodation expenses
A professional soldier sent to study abroad shall be entitled to reimbursement of proven accommodation expenses, unless the accommodation has been provided free of charge at the place of study.
Reimbursement of necessary ancillary expenditure
A professional soldier sent to study abroad shall be entitled to reimbursement of the necessary ancillary expenses, mutatis mutandis, pursuant to Section 22 of this Order. The sending authority shall agree in advance with the professional soldier seconded to study abroad the extent and amount of compensation for the necessary ancillary costs. ';
Article 35 (6) reads as follows:
"(6) For the duration of the performance of the basic (replacement) service, pupils shall be provided with the necessary equipment in accordance with Section 41 of this Order, except for equipment which was issued to them before the performance of the basic (replacement) service and which, after the cessation of the right to dress, is transferred to their possession. '
36. Paragraph 46 (1), including footnote 25a, reads as follows:
"(1) In the first provision, professional soldiers are assigned to office, 25a) for whose performance the most general use of civil clothing is ordered, a one-off financial compensation of 80% of the value of the basic equipment.
25a) Paragraph 10 (2) of Act No. 76 / 1959 Coll., as amended by Act No. 226 / 1992 Coll. '
37. in Paragraph 46 (2), the words "which require" shall be replaced by the words "whose performance is ordered to prevail."
38. in Paragraph 46 (4) (g), the words "or have been granted leave without a right to cash formalities" shall be deleted.
39. In Paragraph 54 (3), the following words shall be replaced by a comma at the end of the period: "Except for the missions of professional soldiers."
40. In Paragraph 56 (b), the words "day-to-day studies which are soldiers on active duty and who did not pay their salary as professional soldiers before starting the studies," shall be replaced by the words "referred to in paragraphs 8 (1) and 9 (1) of this Order."
(41) Paragraph 61 shall be added in paragraph 3:
"(3) Airline students shall be provided free of charge with a diet starting on the first day of the month in which the start of flight preparation is planned until its interruption or termination. ';
(42) Paragraph 64 omits the designation of paragraph 1.
43. In § 65 (g) and (h), the words "and students of the air direction" shall be inserted after the words "aircraft."
44. In Article 67 (1), the following sentence is added at the end: "The executive paratroopers - professional soldiers who perform the duties of paratrooper training for air services and conduct practical paratrooper training, the financial compensation shall be paid at the amount of the monetary value of the food levy referred to in Article 64 (e) of this Decree. '.
45. in Article 68 (1), "C" shall be inserted after the words "only for encore."
46. In Paragraph 69 (1), a comma is inserted after the word "soldiers" and the word "students."
47. in Article 75 (1) (c), the words "to and from health care establishments" shall be deleted.
48. In Article 75 (2), the words "from a place of permanent residence or a regular place of work 'are inserted after the word" journey' and the last sentence is deleted.
49. Paragraph 75 (3), including footnote 27, reads as follows:
"(3) If the professional soldier and the student in the next service undertake a holiday stay at the Ministry of Defence or the Army of the Czech Republic, or if part of the cost of a holiday stay from the cultural and social needs fund has been paid to him, 27) the carriage shall be granted once in a calendar year to his family members to the place of departure for the holiday stay and return. During the holiday stay abroad, transport is provided only to the border crossing station of ČD, road border crossing or to the departure point of the aircraft or to the place to take up the holiday stay in the Czech Republic and back.
27) § 7 of Decree of the Ministry of Finance No. 310 / 1995 Coll., on the Fund of Cultural and Social Needs. '
50. In Paragraph 75, the following paragraph 4 is inserted after paragraph 3:
"(4) Transport shall be made available either in accordance with paragraph 2 or in accordance with paragraph 3 once in a calendar year. If an occupational soldier and a student on the next duty is removed from his or her regular leave or interrupted by the commander of the military unit, the carriage shall be granted again in the same calendar year. ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
51. Paragraph 76 (1), including footnote 28, reads as follows:
"(1) Reimbursement of travel expenses to health institutions, to preventive rehabilitation (28) and to the transfer of travel expenses shall be granted at the rate provided for in Articles 19 (2) and 20 (5) of this Decree.
28) § 28a of Act No. 76 / 1959 Coll., as amended by Act No. 65 / 1978 Coll. '
52. In Paragraph 76 (2), the following words are added after the word "train ':" or bus'.
53. Paragraph 76 (3) reads as follows:
"(3) The proof of travel expenses shall be treated mutatis mutandis in accordance with Section 24 of this Order. '
54. In Paragraph 77 (1) the words "military" are deleted after the words "basic."
55. in Article 79 (1) (a), the words "to which a refund is granted under Article 25 (a)" shall be replaced by the words "which fulfils the conditions under Article 26."
56. In Annex No 2, in column Type of food, under the heading Ingredients, beverages the number "0,5 'is replaced by" 300', in column B and C the number "300 'is added, in column D the number" 7' is replaced by "350 ', in column E the number" 0,5' is replaced by "300 'and in column F the number" 500' is added.
This Decree shall take effect on 1 January 1997.
Minister:
JUDr. Excellent v. r.
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Regulation Information
| Citation | Decree of the Ministry of Defence No. 310 / 1996 Coll., amending and supplementing the Decree of the Ministry of Defence No. 7 / 1996 Coll., on the monetary and natural formalities of soldiers in active service and students of military schools who are not soldiers |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.1996 |
|---|---|
| Effective from | 01.01.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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