Act No. 312 / 2001 Coll.
State Borders Act
Valid
Law
Effective from 01.01.2002
312
THE LAW
of 8 August 2001
on national borders
Parliament has decided on this law of the Czech Republic:
STATE BORDER OF THE CZECH REPUBLIC
BASIC PROVISIONS
Subject matter
(1) This Act regulates the national borders of the Czech Republic (hereinafter referred to as "national borders")
(a) the performance of the public administration;
(b) the rights and obligations of natural persons and legal persons.
(2) Where Parliament's approved, ratified and declared international treaties by which the Czech Republic is bound (hereinafter referred to as the "international treaty") provide for something other than this law, the international treaty shall apply.
Basic concepts
(1) The national borders separate the sovereign territory of the Czech Republic from the territory of neighbouring countries both on the surface and in a vertical direction in the airspace and beneath the surface, in the above and underground structures and facilities. State borders are established by an international treaty or constitutional law. The location of the national borders may be determined from a frontier documentary work or from an indication of the progress of the national borders in the field.
(2) The frontier documentary work is a set of geodetic and descriptive data on national borders. The content and form of the frontier documentary work are laid down in an international agreement.
(3) The line of state borders consists of a continuous set of points which determine the course of state borders on the ground and whose location can be determined from a frontier documentary work.
(4) The quarry point is the point of the line of state borders in which the line of state borders changes direction and its location can be determined from the frontier documentary work.
(5) The boundary flow is the flow which, according to the international agreement, takes place in the longitudinal direction of the national border line.
(6) The maintenance of marking of state borders is a check on the accuracy of the position of border signs and the restoration of their stabilisation and coatings.
CONTRIBUTION AND MARKING OF STATE BORDERS
Progress and identification of national borders
(1) The course of the national borders must be clear, clear and marked by border signs. The position of the boundary signs and unmarked refraction points is determined by the coordinates given in the boundary documentary.
(2) The boundary sign is a measuring mark consisting of surface stabilization or surface and underground stabilization fitted centrally above.
(3) The position, shape and dimensions of the border signs, the material from which they are made and their description are laid down in an international contract.
Direct and indirect identification of national borders
(1) Where national borders take place
(a) they are marked directly after the boundary marker link or the fracture point link;
(b) by a border waterway, a border moat or by any other means provided for in a border documentary work which does not allow direct marking, they shall be marked indirectly.
(2) When marked directly, the border signs are set in the line of state borders. In the case of indirect markings, the border markings shall be placed alternately or in pairs on both sides of the border line.
Device to alert state borders
(1) The establishment drawing attention to the progress of national borders is:
(a) an oval board with a representation of a large national character and a blue inscription "Czech Republic" on a white background ("oval board"),
(b) a rectangular board with the red inscription "WARNING! STATE BORDER," "WARNING! STATE BORDER," "NOTE! STATE BORDER," "NOTE! STATE BORDER," "NOTE! STATE BORDER," "NOTICE," "NOTE! STATE BORDER," OR "NOTE! STATE BORDERS WALK AFTER WATER FLOW" ON A WHITE BASIS (hereinafter referred to as "Text Table").
(2) The Oval Board is located at national borders in particular at places which, under agreements concluded with neighbouring States, are intended to cross national borders.
(3) The text board is located within 50 m of the national borders (hereinafter referred to as the "immediate proximity of the national borders").
(4) The facilities to draw attention to the progress of national borders are owned by the Czech Republic.
(5) The model of the oval pane is set out in Annex 1 to this Act.
Placing of facilities pointing to the progress of national borders
Devices highlighting the progress of national borders
(a) on the property in such a way that its owner is limited to the minimum possible; the location of that establishment on the agricultural parcel is not covered by the protection of agricultural land under special legislation, 1)
(b) in the case of motorways, roads or local roads used for the operation of vehicles or walking as close as possible to the edge of these roads;
(c) to the vertical or horizontal surface of construction; the location shall not jeopardise the stability of the construction or restrict its use.
BORDER RANGE AND FREE RANGE PLOCHA
(1) In order to ensure the clarity of the progress of the national borders and the protection of border signs, there is, along the national borders, a border line of a width of 1 m (hereinafter referred to as the "border line") along the sections of the direct marking. There is a free circle with a radius of 1 m (hereinafter referred to as "free circle ') around each border character on the sections indirectly indicating the state border.
(2) The border bar and the free area are maintained continuously clear, without growing vegetation and other obstacles to the visibility of the border signs and the clarity of the course of the national borders and, in the case of the border line, visibility to the two adjacent border signs.
(3) It shall be prohibited to carry out construction or other activity in the border lane and in the free area which may result in the distortion of the border signs or deterioration of the visibility of the progress of the national borders.
(4) The provisions of paragraph 3 shall not apply to buildings set up in the public interest and serving that interest or any other activity carried out in the public interest.
SCOPE OF THE NETHERLANDS
Ministry of Interior ("the Ministry ') in State Border Management
(a) ensure the identification, marking, targeting and maintenance of the progress of national borders, with the exception of geographical activities at national borders carried out under specific legislation, 2)
(b) ensure the maintenance of the border lane and free circular areas;
(c) manage a frontier documentary work;
d) ensure the operation of border commissions set up to fulfil obligations arising for the Czech Republic under international agreements;
(e) coordinate the activities of state authorities in matters relating to the management of national borders;
(f) express its views on the construction, construction, technical and other measures at national borders or in their immediate vicinity, in particular with regard to the impact on the identification of the progress of national borders;
(g) provides compensation for property damage or compensation for restrictions on the use of property arising from the exercise of the management of State borders;
(h) purchase of land to be transferred to neighbouring States under an international agreement on changes in the course of national borders;
(i) issue passes under international agreements, 3)
(j) keep a record of persons who have been issued a certificate to carry out activities at national borders (hereinafter referred to as "the licence"); and
(k) it ensures the location of facilities indicating the progress of national borders;
(l) is the authority concerned in the procurement of a zoning plan for a municipality whose territory is adjacent to the national borders and in the procedure for the authorisation of a project, where such management of the construction is in the immediate vicinity of the national borders.
RIGHTS AND OBLIGATIONS OF PHYSICAL OR LEGAL PERSONS IN RELATION TO THE MANAGEMENT OF STATE BORDERS
Entry or entry into land
A person carrying out tasks in the management of national borders (hereinafter referred to as "the authorised person ') shall be entitled to enter or enter, to the extent necessary, land situated within a distance of 3 km from the national borders (hereinafter referred to as" the land') in the exercise of those activities. If the land is fenced, the authorised person shall only enter or enter it under the cooperation of the owner or user.
Real estate use
(1) The authorised person may, to the extent necessary, use the land or construction on the land (hereinafter referred to as "property") for the establishment, relocation, removal of the marking of the progress of the national borders, maintenance of the border strip or free areas or for the maintenance of the marking of the progress of the national borders.
(2) The Ministry shall inform the property owner of the intention of its establishment prior to the location of the border sign and shall inform him in writing of the rights and obligations arising from the establishment of the border sign.
(3) Where the activities referred to in paragraph 1 are affected by other specific legislation protected by interests, 4) they shall be treated after prior consultation with the authorities of the State administration or the authorities of the local authorities responsible for protecting those interests.
(4) The provisions of paragraphs 1 to 3 shall apply mutatis mutandis to equipment drawing attention to the progress of national borders.
Obligations of the owner or user of the property
(1) The property owner or user is obliged
(a) allow entry or entry into land in connection with the management of national borders or the pursuit of work in the management of national borders;
(b) suffer from the location of a border sign or facility indicating the progress of the national borders on real estate;
(c) refrain from, or impede the use of, an activity which may jeopardise, harm, destroy or otherwise undermine a border character or establishment which may point out the progress of national borders;
(d) to notify the Ministry, without delay, of any damage, destruction, unauthorised transfer or removal or of any other deterioration of the border sign or facility indicating the progress of the national borders; or
(e) refrain from any activity which may alter the state of the border strip or free circular areas or reduce or, where appropriate, prevent the visibility of the state border.
(2) The user referred to in paragraph 1 shall be the person who uses the property on the basis of a contractual relationship with the owner or another legal title; the organisational component of the State is considered to be a user. Similarly, this applies to land users pursuant to § 9.
Obligations of the border water flow manager
The watercourse manager shall:
(a) maintain the border water flow as far as possible in such a way as to avoid changes in the trough of the border water flow, unless essential water or environmental interests prevent this; and
(b) to notify without delay to the Ministry of Labour at the border water flow, which may affect the trough of the border water flow, or to change the banks or trough of the border water flow, as well as the damage, destruction, unauthorised transfer or removal or any other degradation of the boundary sign at the border water flow.
PROHIBITION AND EVIDENCE OF TRADED PERSONS
Issue of a licence
In the activities referred to in paragraphs 9 and 10, the authorised person shall demonstrate the entry or use of the property by means of a certificate issued by the Ministry and a citizen's card.
Licence requirements
(1) The card contains:
(a) details of the licence holder, indication of his employer; and
(b) details of the date of issue, the period of validity and the authority which issued it.
(2) The model of the licence is set out in Annex 2 to this Act.
Records of authorised persons
The records of the authorised persons shall contain the information on the licence (Paragraph 14 (1)), except for the signature of the holder.
REFUNDS ON OWN INJURY AND REFUNDS ON RESTRICTIONS ON THE USE OF IMMOVITY
(1) The delegate is required to investigate the rights and assets of the owner and to put the property into its original state after the work relating to the management of the national borders has been completed. In doing so, it must ensure that it minimises the management and use of the property. It may also, after prior notice, make the necessary field modifications, clean or remove the crops obstructing the operation of national border management.
(2) If it is not possible to put the property back in its original state and if the owner has suffered property damage as a result of the administration of the State border, it shall be entitled to compensation. The Ministry shall pay compensation for property damage. The right to compensation for property damage must be exercised with the Ministry within 60 days of its creation in the event of damage to the field cultures, in other cases within 1 year of its creation, otherwise it ceases to exist.
(3) If the owner of the property is restricted by the location of a border sign or establishment indicating the progress of the national borders in the usual use of the property, he shall be entitled to adequate compensation for that restriction. The compensation for the restriction shall be paid by the Ministry for which this right must be exercised within 1 year of the date of notification of the location of the border emblem or the establishment indicating the progress of the national borders on the property, otherwise it shall cease.
(4) If there is no agreement on compensation for property damage or an agreement on compensation for the restriction of the use of the property within 3 months of the date of application for the agreement by the Ministry or within 3 months of the date of application of the right to compensation by the property owner, the compensation may be sought in court.
(5) Compensation for property damage referred to in paragraph 2 or compensation for the restriction on the use of the property referred to in paragraph 3 shall not be granted if the property is owned by the Czech Republic.
PARTICIPATION IN ADMINISTRATIVE MANAGEMENT
(1) The Ministry is the authority concerned when procuring a territorial plan for a municipality whose territory is adjacent to national borders. The Ministry gives an opinion under the Construction Act for these purposes.
(2) The Ministry is the body concerned in the procedure for the authorisation of the project, where such management of the construction is in the immediate vicinity of the state borders. For these purposes, the Ministry issues statements under the Construction Act.
TRANSFERS
(1) A natural, legal or business natural person commits an offence by:
(a) destroy or damage, improperly relocate or remove a border sign or facility warning of the progress of national borders;
(b) tampering with a border line or a bank or a trough of a border waterway or a border road, if this makes the course of the national borders more obvious or changes their position; or
(c) does not allow or otherwise make it difficult for the authorised person to enter, enter or perform work in the management of national borders.
(2) A fine of up to 500 000 CZK may be imposed for the offence referred to in paragraph 1.
(3) The transfers referred to in paragraph 1 shall be discussed by the Regional Office.
(4) The offence referred to in paragraph 1 may be dealt with by an authority of the Police of the Czech Republic.
COMMON AND FINAL PROVISIONS
Use of cadastral data
In order to ensure an overview of real estate for the purposes of State border management, the Ministry is entitled to use the property register data free of charge. 5)
Repeal
They shall be deleted:
1. Act No. 245 / 1921 Coll. on State Borders.
2. Government Regulation No 237 / 1937 Coll. and n., which provides for the end of the period of implementation of the international agreements.
Efficacy
This Act shall take effect on 1 January 2002.
Klaus v. r.
Havel v. r.
Zeman v. r.
Příloha č. 1
Annex No. 1 to Act No. 312 / 2001 Coll.
Model oval board
The minimum dimensions of the oval pane are 530 mm width and 720 mm height.
Příloha č. 2
Annex No 2 to Act No. 312 / 2001 Coll.
1) Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended.
2) Act No. 359 / 1992 Coll., on Geographical and cadastral bodies, as amended.
3) Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on common national borders of 21 December 1973 published under No 95 / 1975 Coll. Treaty between the Czech Republic and the Federal Republic of Germany on common national borders of 3 November 1994 published under No 266 / 1997 Coll. Treaty between the Czech Republic and the Republic of Poland on common national borders of 17 January 1995 published under No 181 / 1996 Coll. Treaty between the Czech Republic and the Slovak Republic on common national borders of 4 January 1996 published under No 246 / 1997 Coll.
4) For example, Act No. 13 / 1997 Coll., on the Road, as amended, Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, Act No. 44 / 1988 Coll., on the Protection and Use of Mineral Property (Upper Law), as amended, Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended, Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended.
5) Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended.
(6) Regulation (EU) No 347 / 2013 of the European Parliament and of the Council of 17 April 2013 laying down guidelines for trans-European energy networks and repealing Decision No 1364 / 2006 / EC and amending Regulations (EC) No 713 / 2009, (EC) No 714 / 2009 and (EC) No 715 / 2009.
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Regulation Information
| Citation | Act No. 312 / 2001 Coll., on State Borders (Act on State Borders) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.09.2001 |
|---|---|
| Effective from | 01.01.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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