Act No. 310 / 2002 Coll.
Act amending Act No. 148 / 1998 Coll., on the Protection of classified information and on the Amendment of Certain Laws, as amended, Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Laws, as amended, Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionising Radiation (Atomic Act) and on the Amendment of Certain Laws, as amended, Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on the Addition of Act No. 455 / 1991 Coll., on Trade and Trade (Trade Act No. 42 / 1992 Coll., as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, Act No. 283 / 1993 Coll.
Valid
Law
Effective from 12.07.2002
310
THE LAW
of 13 June 2002
amending Act No. 148 / 1998 Coll., on the protection of classified information and on the amendment of certain laws, as amended, Act No. 101 / 2000 Coll., on the protection of personal data and on the amendment of certain laws, as amended, Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionising Radiation (Atomic Act) and on the amendment and addition of certain laws, as amended, Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on the Addition of Act No. 455 / 1991 Coll., on Trade (Trade Act No. 42 / 1992 Coll., as amended, and Act No. 140 / 1961 Coll., Criminal Act, as amended, Act No. 283 / 1993 Coll.
Parliament has decided on this law of the Czech Republic:
Amendment to the Law on the Peaceful Use of Nuclear Energy and Ionising Radiation (Atomic Law)
Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionizing Radiation (Atomic Act) and on the Amendment and Addition of Certain Acts, as amended by Act No. 83 / 1998 Coll., Act No. 71 / 2000 Coll., Act No. 132 / 2000 Coll. and Act No. 13 / 2002 Coll., is amended as follows:
1. in Article 17 (1) (i), including footnotes 9) and 9a:
"(i) to ensure that the activities provided for are carried out only by persons meeting the conditions of specific competence and medically and medically competent and, for persons carrying out sensitive activities under special legislation9a, to verify the safety capability in accordance with specific legislation, 9)
9) Act No. 148 / 1998 Coll., on the protection of classified information and on the amendment of certain laws, as amended.
9a) § 81b (3) of Act No. 148 / 1998 Coll., as amended by Act No. 310 / 2002 Coll. '
2. in Paragraph 18 (1) (l):
"(l) verify the safety capability in accordance with the special legislation9) for persons carrying out sensitive activities under the special legislative provisions 9a) and verify the integrity of staff and persons handling nuclear material I and II of the category, providing physical protection for nuclear installations and nuclear materials entering the internal space of nuclear installations unaccompanied and ensuring that only such persons carry out, manage and control those activities and enter the internal and protected space of nuclear equipment;";
3. Paragraph 39 (2) reads as follows:
"(2) The Authority's inspectors shall be nuclear safety inspectors and radiation protection inspectors (" the inspector '). The inspector may only be a person eligible for legal acts having a higher education course and three years of professional experience. The inspector shall be competent in the area under his control and be fit for safety under the special legislature9) in the case of carrying out sensitive activities under the special legislation. 9a) The inspectors shall be appointed by the President of the Office.'
Amendment to the Foreign Trade Act on Military Material
Act No. 38 / 1994 Coll., on Foreign Trade in Military Material and on Addition to Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, and Act No. 140 / 1961 Coll., the Criminal Act, as amended, is amended as follows:
1. in Article 7 (1) (b) (5), including footnote 2, the following shall be added:
"5. comply with the conditions laid down in the special legislation.2)
2) Paragraph 2 (1) (a) and (b) of Act No. 451 / 1991 Coll., laying down 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. § 81d of Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws, as amended. '
2. In Paragraph 7 (1) (b), the comma after point 5 is replaced by a dot and point 6 is deleted.
3. Article 8 shall be deleted;
4. in Paragraph 9 (2) (c), including footnote 3, the following shall be added:
"(c) documents of citizenship, permanent residence, extracts from the records of the Register of Penalties not earlier than three months and certificates and documents issued under special legislation3) with members of the statutory body of the legal entity and of the inquest;
3) § 4 (1) of Act No. 451 / 1991 Coll. § 81i § 1 of Act No. 148 / 1998 Coll. '
Amendment to the Public Prosecutor's Act
Act No. 283 / 1993 Coll., on the Prosecutor's Office, as amended by Act No. 261 / 1994 Coll., Act No. 201 / 1997 Coll., Act No. 169 / 1999 Coll., Act No. 11 / 2001 Coll., Act No. 14 / 2002 Coll. and Act No. 151 / 2002 Coll., is amended as follows:
1. In Paragraph 4 (1), the dot at the end of point (c) is replaced by a comma and the following point (d) is added:
"(d) carry out other tasks, if a special law so provides."
2. the following Section 7a is inserted after Section 7, including footnote 1a:
(1) In the High Prosecutor's Office, the College is hereby established on the protection of classified information (hereinafter referred to as the College). The College shall carry out the tasks laid down in the Special Act. (1a)
(2) The College is composed of five members, prosecutors serving with the Supreme Prosecutor's Office. The members of the College shall be proposed and appointed by the Minister of Justice after approval by the Government. A member of the College may be appointed only by a prosecutor certified for the "Top Secret 'classification. Members of the College shall be appointed for a term of two years. The tasks of the statutory body under the Special Code (1a) shall be performed by the Prime Minister in respect of the members of the College.
(3) The College is headed by a President appointed by the Minister of Justice of the College with the approval of the Government. The Chair of the College shall organise the work of the College and shall convene and manage its deliberations. The Chair of the College shall be represented in his absence by members of the College in the scope and order established by the College.
(4) The members of the College are independent in the performance of their duties as a member of the College. They are not subject to the management and supervision of the Supreme Prosecutor, they are bound only by constitutional laws, laws and other generally binding laws and international treaties by which the Czech Republic is bound.
(5) The performance of a member of the College shall be deemed to be the performance of a prosecutor. The activities of the College shall not be subject to the provisions of this Law on the legal means for the activities of the Prosecutor's Office. The acts carried out by the College and those carried out by the Prosecutor in the performance of the duties of a member of the College shall not be considered as acts of the Supreme Prosecutor's Office.
(6) For the duration of the exercise, a member of the College may not be transferred to another Prosecutor's Office or assigned to another Prosecutor's Office temporarily, to another institution or organisation, to the Ministry or to the Judicial Academy.
(7) The term of office of a member of the College shall be suspended for the duration of the temporary discharge of the post of Prosecutor. During this period, a member of the College shall not participate in the College.
(8) A College member may not be removed from office in the College. The term of office of a member of the College shall expire on the date of termination of the contract of the Prosecutor who served in the College, on the expiry of the period for which the member of the College was appointed or on the date of service of the decision of the Minister of Justice to release the Prosecutor from the post of member of the College. The Minister of Justice shall release the Prosecutor from office of a member of the College only if the Prosecutor so requests in writing.
(1a) Act No. 148 / 1998 Coll., on the Protection of classified information and on the amendment of certain laws, as amended. '
3. In Article 13e, the following paragraph 4 is added:
"(4) The Attorney General ensures the activities of the College (§ 7a) in material terms, creating conditions for the proper performance of the duties of the College. '
4. In Article 33 (2), the words "or the Supreme Administrative Court 'shall be inserted after the words" the Supreme Court'.
Amendment to Act No. 42 / 1992 Coll., on the Adjustment of Property Relations and Settlement of Property Rights in Cooperatives
In Article 13 of Act No. 42 / 1992 Coll., on the Treatment of Property Relations and Settlement of Property Rights in Cooperatives, as amended by Act No. 297 / 1992 Coll., Act No. 496 / 1992 Coll., Act No. 72 / 1994 Coll., Act No. 144 / 1999 Coll. and Act No. 3 / 2000 Coll., the following paragraph 4 is added:
"(4) The right to settle the holding shall be limited 10 years from the date of expiry of the seven-year period from the approval of the transformation project. ';
EFFECTIVE
This Law shall take effect on the day of its publication, except for Article VII (4), which shall take effect on 1 January 2003.
Klaus v. r.
Havel v. r.
v Rychetský v. r.
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Regulation Information
| Citation | Act No. 310 / 2002 Coll., amending Act No. 148 / 1998 Coll., on the Protection of classified information and on the Protection of Certain Laws, as amended, Act No. 101 / 2000 Coll., on the Protection of Personal Data and on the Amendment of Certain Laws, as amended, Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionising Radiation (Atomic Act), and on the Amendment to Certain Laws, as amended, Act No. 38 / 1994 Coll., on Foreign Trade in Military Goods, Act No. 455 / 1991 Coll., as amended, and Act No. 42 / 1992 Coll. |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.07.2002 |
|---|---|
| Effective from | 12.07.2002 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Economic (State)
Information, Data, Data
Commercial law
Labour law
Industrial rights
Judicial and Public Prosecutor's Office
Governance of the national economic sectors
Administration of state (national) property
Administrative authorities
Administrative law
Administrative procedure
State (official) control
Government
Criminal law
Criminal law substantive
Constitutional (state) law
Eligibility for the pursuit of certain professions (activities)
The regulation text is for informational purposes only.
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