Act No. 40 / 1961 Coll.
Law on the Defence of the Czechoslovak Socialist Republic
Valid
Effective from 02.05.1961
40
THE LAW
of 18 April 1961
on the defence of the Czechoslovak Socialist Republic
BASIC PROVISIONS
The defence of the Republic includes measures to safeguard the country's defence in peace and war on all parts of economic and social life, in particular the building of the armed forces and increasing their combat alert in accordance with the requirements of the present military. Measures in the national economy, measures to defend the regions and districts and to protect against hostile air attacks and prepare citizens for defence are an integral part of the defence of the Republic.
The representative corps, other authorities of the state, economic, social and other organisations make all the measures necessary to ensure the country's highest defence.
(1) Defending the country is the ultimate duty and thing of the honour of every citizen. At the call to defend the country, everyone will use their strength and means to achieve a final victory over the enemy.
(2) In order to safeguard the defence of the Republic, in particular on a stand-by basis of the State (Section 5), the Government may amend in detail the obligations arising from paragraph 1 if they are not provided for in other provisions of the law.
PROTECTION FOR THE FREEDOM OF STATE
State gate alert
The State shall enter into a military alert by means of a decree of mobilization of the armed forces, declaration of war or denunciation of war, on the date on which any of those measures were taken. The State's defence alert shall end on a date to be determined by the President of the Republic.
Working tasks of citizens and work arrangements
(1) During the state's armed emergency, citizens perform the greatest efforts and dedication of their work wherever it is required to secure the defence of the Republic. This applies their interest and active participation in the defense of the country.
(2) In the defence of the state, citizens may be ordered to defend the Republic
(a) to remain in employment and, where necessary, to carry out work which is not part of their regular employment or, where appropriate, to work outside the place of regular employment;
(b) to take up the employment to be assigned to them;
(c) to carry out temporary work which will be required of them to overcome the impact or extraordinary tasks for the defence of the Republic (personal acts).
(3) The measures referred to in paragraph 2 are declared by the Government.
(4) For the accommodation of citizens to whom tasks have been assigned pursuant to paragraph 2, the necessary premises and means may be required from each of them.
The government may, under the armed alert of the State, regulate working conditions, in particular their creation and demise, working hours and other working conditions.
Measures in the national economy
(1) All national economies are planned to be managed in such a way that the country's defensibility is secured by the massive development of production.
(2) The Government or authorities empowered by the State in charge may decide on changes in the management of the national economy and on specific arrangements for the production, circulation and consumption of material resources in order to ensure the proper protection of the Republic.
Use of means of defence in kind
In a secure alert, the State shall ensure the need for defence by means of national assets and ensure that they are fully used to fulfil defence tasks. People's cooperatives and citizens also strive to achieve all defence tasks, and to do so with the utmost dedication they provide everything necessary to safeguard them.
Provision of means of defence in kind
In the absence of sufficient material resources from national assets, it may be imposed on each State to provide, for defence purposes, the necessary means of material resources in its possession.
(1) Providing means in kind means
(a) surrender the required funds in kind to the use or ownership of the State;
(b) treat them as instructed; or
(c) suffer to be dealt with in a specified manner.
(2) He who has been ordered to surrender the funds in kind to the use or ownership shall be obliged to surrender them within a specified time, at a designated place, in the applicable state and with specified accessories.
(1) The Government shall issue implementing provisions specifying in particular who imposes the obligation to provide the necessary means of action, who designates the persons and organisations required to provide the means of action and who and how the means of action take over.
(2) The Government or the authority entrusted to it can already in full measure determine the means of action to be provided for defence purposes, and require their holders to submit them to an inventory and inspection and maintain them in the applicable state.
Measures to protect the population
If necessary, the population and material resources may be removed from the designated local district. The necessary premises and means may be required for the accommodation of the displaced persons and for the deposit of the relegated means.
Measures outside the time of security alert
The government may introduce the effectiveness of the individual provisions of this part of the law, even outside the time of the state's armed alert, if the sovereignty of the state and its socialist establishment are increasingly threatened or required by international contractual commitments on joint defence against assault.
CIVIL PROTECTION
Civil defence as part of the defence of the Republic includes measures to ensure the protection and defence of the population against the consequences of enemy air attacks, to create conditions for the smooth functioning of economic life in enemy air attacks and to eliminate the consequences of such attacks. Citizens are actively and consciously involved in the performance of civil defence tasks organised and carried out by state authorities, economic and voluntary social organisations.
(1) In order to safeguard civil defence tasks, obligations may be imposed on citizens and organisations by the Government's decision.
(2) Civil defence management is for the Minister for Defence of the Czech Republic.
PREPARATION OF CITIZENS TO PROTECTION THE REPUBLIC
(1) In order to safeguard the defence of the Republic, citizens are involved in preparing for the performance of their defence tasks.
(2) The participation of citizens in defence preparation results from their interest in safeguarding the defence of the Republic, their awareness and their determination to defend their country.
The preparation of citizens shall include defence, physical and medical preparation, civil defence preparation and other necessary preparation; It is organized by voluntary organisations, especially the Association for Cooperation with the Army, the Czechoslovak Union of Physical Education, the Czechoslovak Red Cross and the Czechoslovak Union of Fire Protection, the state authorities, schools, economic and other organisations.
OTHER MEASURES IN THE INTEREST OF THE GUARANTEE OF THE REPUBLIC
Preparation and checking of measures for the period of State security alert
(1) In the context of the preparation or review of measures for the period of State security alert, government, national committees or government-mandated ministers may impose obligations on state authorities, economic, social and other organisations and citizens.
(2) The Minister for National Defence decides on the requirement of means of transport, land and road vehicles for mobilising training of the armed forces.
(3) The holder shall be obliged to hand over the device or machine within a specified time, at a specified location, in the applicable state and with specified accessories.
Defence-related construction of enterprises
The interests of the defence of the Republic must be respected in the construction of enterprises and equipment and in the distribution of production.
Land adjustment
(1) The military administration or authorities of the Ministry of the Interior may, from the point of view of the defence of the Republic, determine the territory where their consent is needed to change the surface of the land. In doing so, the military administration or authorities of the Ministry of Interior may determine how the amendment is to be made.
(2) In these territories, the District National Committee may, on a proposal from a military administration or authority of the Ministry of Interior, impose on owners or users of land to make changes to the surface of the land.
Access to certain places
(1) Access to the places where the facilities used for the defence of the Republic are located may be prohibited or subject to special authorisation by the District Committee, on a proposal from the military administration or authorities of the Ministry of Interior.
(2) In military training, in troop movements or in state security alert, access to, residence and transport in certain other areas may be prohibited, restricted or otherwise modified by the District National Committee on a proposal from the Military Administration. In exceptional cases where there is a risk of delay, the military commander shall take the necessary measures directly and inform the relevant district national committee thereof.
Use of land in training
The armed forces and security forces of the Ministry of Interior shall be entitled, in agreement with the relevant National Committee, to use the land and communications exercises required to do so if they are not sufficient to exercise their own land; However, they are obliged to save as much as possible agricultural and forestry cultures, communications, buildings and other facilities.
Accommodation of the armed forces
(1) Armed forces are generally housed in their own premises. If the armed forces cannot accommodate their own premises, the holders of suitable premises and means of accommodation are obliged to provide the accommodation and the means necessary for it (accommodation obligation).
(2) The holder shall be designated by the competent local national committee, at the request of the military administration or authorities of the Ministry of Interior, which shall at the same time impose the accommodation obligation on him. In urgent cases, the military administration or authority of the Ministry of Interior may impose accommodation obligations directly on holders. The competent local national committee shall be notified of the imposition of this obligation.
(3) The government shall determine the scope of the accommodation obligation, the way in which the accommodation is provided and the means necessary for it and the further details for implementing paragraphs 1 and 2.
Expropriation
(1) If the defence of the Republic so requires, the necessary property or the rights to it may be expropriated if they cannot be acquired by agreement. Expropriation may be achieved by the imposition of measures which restrict the exercise of property rights in real estate or other rights in rem, the establishment of property rights in rem, the transfer of property rights in title or the assignment, restriction or revocation of another right in rem.
(2) The transfer of ownership rights to the property by expropriation shall cease all rights of third parties to it, unless the expropriation notice provides otherwise.
(3) The expropriation shall be carried out on a proposal from the military administration or authority of the Ministry of Interior by a district national committee or local national committee, if it is the building authority. For the purposes for which expropriation may be carried out, the national committee may authorise entry into and use of immovable property before the expropriation procedure is initiated.
(4) Where the use of expropriated properties requires the conversion of forest or agricultural land for which a special permit would otherwise be required, such authorisation shall not be required.
(5) The Government will, by regulation, adjust the scope and method of expropriation, the use of real estate before the expropriation procedure is initiated and other details.
PROVISIONS CONCERNING REFUNDS
Compensation in the performance of the tasks and in respect of the resources provided in kind
(1) Citizens who have been assigned to employment (Article 6 (2) (b)) shall be compensated for travel, removal and other expenses and, where appropriate, wage compensation.
(2) Citizens called for personal action (Article 6 (2) (c)) shall be granted the necessary accommodation, meals, work and return services and, where appropriate, the remuneration for the work done.
(3) When the funds in kind are granted, the refund should be:
(a) for funds in kind put into use or owned [Paragraph 11 (1) (a)];
(b) for damage caused by the disposal of material resources as specified [§ 11 (1) (b) and (c)].
Other types of refunds
(1) For the provision of means of transport or machinery for mobilising training of the armed forces (§ 19), the holder shall receive adequate compensation from the military administration, the amount of which shall be determined in accordance with the general rules, and any damages.
(2) The cost of making the required changes to the soil surface is borne by the owner or the owner of the land who requested the change (§ 21 (2)).
(3) The damage caused by the training of the armed forces and the Security Corps of the Ministry of the Interior on real estate and agricultural and forestry cultures is borne by the State (§ 23).
(4) For accommodation provided under the provisions of § 6 (4), § 13 and § 24 and for acquired property and rights for defence purposes (§ 25), compensation is due.
(5) Other damage resulting from the performance of the defence obligations of the Republic shall be covered by compensation in the cases provided for in the provisions adopted for the implementation of this Law.
War damage
The provisions of this law shall not apply to damage caused by the enemy, its own or the Allied Army in combat or in direct connection with combat; Such damage shall be considered war damage under special regulations.
COMMON AND FINAL PROVISIONS
Obligations imposed under this law in the interest of the armed forces may also be imposed for the benefit of the Allied Armed Forces.
(1) If there is nothing else to do with the provisions of this Act, the provisions of other laws governing measures to defend and prepare the Republic remain unaffected.
(2) Personal acts for the needs of the armed forces shall be subject to the provisions of this Law and its implementing provisions, unless otherwise provided for in the Defence Act or Regulations issued under it.
(4) In the absence of derogations under that law or regulations, general rules on administrative procedures shall apply to proceedings under that law.
Measures taken before and in conformity with the Act are considered to be measures under this Act.
Other provisions necessary for the implementation of this Act may be issued by the Government or by the Head of the Central Authorities.
_
(a) Act No. 131 / 1936 Coll., on State Defence,
(b) Act No. 2 / 1924 Coll., on Postal Pigeons,
(c) Act No. 117 / 1924 Coll., on the Requesting of Means of Transport for Military Use, as amended by Act No. 25 / 1936 Coll.,
(d) Act No. 68 / 1932 Coll., on the request of means of transport for military purposes in peace,
(e) Act No. 63 / 1935 Coll., on Expropriation for the Defence of the State,
(f) Act No. 82 / 1935 Coll., on Protection and Defence against Air Attacks, as amended by Act No. 75 / 1938 Coll.,
(g) Act No. 33 / 1936 Coll., on Civil Guard Military Administration,
h) Act No. 320 / 1936 Coll., amending the administrative competence of military departments, as amended by Act No. 104 / 1947 Coll.,
Government Regulation No. 146 / 1950 Coll., on the delegation of administrative responsibility with the headquarters of the areas to the Headquarters of the headings,
(i) Act No. 94 / 1950 Coll., on the Accommodation of Defence Power and National Security Corps,
j) Act No. 92 / 1951 Coll., on Vocational Education, Act No. 87 / 1952 Coll., on the Reorganisation of Vocational Education;
(k) Article 36 (2) of Act No. 55 / 1956 Coll., on Social Security,
and any provisions issued for their implementation.
This Law shall take effect from the date of its publication; it shall be carried out by all members of the Government and the National Committees.
Novotný v. r.
Fierlinger v. r.
v. Dolansky v. r.
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Regulation Information
| Citation | Act No. 40 / 1961 Coll., on the Defence of the Czechoslovak Socialist Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 02.05.1961 |
|---|---|
| Effective from | 02.05.1961 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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