What is Full text of Act No. 41 / 2003 Coll.?

Full text of Act No. 41 / 2003 Coll., Act No. 218 / 1999 Coll., on the scope of the defence obligation and on military administrative offices (Defence Act), as resulting from subsequent amendments — Full version of Act No. 218 / 1999 Coll., on the scope of the defence obligation and on military administrative offices (Defence Act), as resulting from subsequent amendments.

When it became Full text of Act No. 41 / 2003 Coll. effectiveness?

Full text of Act No. 41 / 2003 Coll. became effective date not available.

Is Full text of Act No. 41 / 2003 Coll. still valid?

Yes, Full text of Act No. 41 / 2003 Coll. is still valid and effective.

Full text of Act No. 41 / 2003 Coll. - Full version of Act No. 218 / 1999 Coll....

41

PRESIDENT OF THE GOVERNMENT

Announces

the full text of Act No. 218 / 1999 Coll., on the scope of the defence obligation and on the Military Administrative Offices (Defence Act), as follows from the amendments made by Act No. 238 / 2000 Coll., Act No. 128 / 2002 Coll., Act No. 286 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 520 / 2002 Coll.

THE LAW

on the scope of the defence obligation and on military administrative offices (Law)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

BRANCH OBLIGATIONS

§ 1

Content of the defence obligation

(1) It is the duty of a national of the Czech Republic (hereinafter referred to as "citizen") to prepare to defend the State and to participate personally in the tasks of the armed forces of the Czech Republic (hereinafter referred to as "armed forces").

(2) The legal obligation includes the obligation of departure, the obligation of service and other obligations laid down by this law.

(3) The costs associated with the military obligation are borne by the State.

§ 2

Scope of the defence obligation

(1) A legal obligation arises on the day on which a citizen reaches the age of 18 and ceases to be the age of 60 unless he ceases to exist for reasons laid down by this law or by special legislation.1)

(2) Citizens over 60 years of age only have a military obligation if they are performing an emergency service during a state of danger or a state of war or if, at their request, the duration of the military obligation has been extended. Professional soldiers have a military obligation until the age of 62.

(3) Persons who have acquired citizenship of the Czech Republic after the age of 18 years are subject to a military obligation from the date of acquisition of that citizenship.

(4) Women can only be required to pay and to perform extraordinary duties for the duration of the war, unless they have voluntarily taken over.

§ 3

Voluntary takeover of a military obligation

(1) Citizens not subject to a military obligation and foreigners (2) may apply for its voluntary takeover from the date on which they reached the age of 18. The request for voluntary take-over of the military obligation of a citizen shall be made by the competent regional military administration, the alien to the Ministry of Defence ("Ministry ').

(2) A citizen's request for voluntary acceptance of the military obligation shall be decided by the Chief of the Regional Military Administration. The procedure for the application of a foreigner to take over the military obligation shall be followed in accordance with Paragraph 54 (6).

§ 4

(1) Branching obligation or voluntary take-over obligation

(a) persons who have been taken away without any legal justification;

(b) persons who have become permanently incapacitated in military active services on the basis of drafts or review procedures;

(c) persons who have lost citizenship of the Czech Republic,

(d) citizens who have taken up or who have been relieved of the civilian service or who have been remitted from the service;

(e) women who have not joined or become temporarily incompetent to perform the essential service or replacement service or have been released early on the basis of a review procedure;

(f) persons who have voluntarily assumed a defence obligation on the basis of their unilateral declaration.

(2) The termination of the military obligation under paragraph 1, § 2 and § 48 (5) shall be certified by the relevant regional military administration.

ČÁST DRUHÁ

MILITARY ADMINISTRATIVE AUTHORITIES

§ 5

(1) Territorial military administrations shall be established as military administrative offices of the first degree and the main supplementary office as a military administration of the second degree.

(2) The names, registered offices and territorial districts of military administrations are listed in the Annex to this Act.

§ 6

(1) Military administrative offices shall exercise state administration under this Act and other specific legislation. Their local jurisdiction shall be governed by the place of residence of natural persons or the seat of legal persons.

(2) At the same time, military administrations as military authorities carry out defence tasks of the State.

ČÁST TŘETÍ

OBLIGATIONS OF THE CITIZENS BEFORE THE BRANCH OBLIGATIONS

§ 7

(1) In the year in which the age of 18 is 18, before the beginning of the procedure, the citizen is required to complete a questionnaire sent to him by the competent local military administration by mail or via administrative or municipal offices, to request its addition by the attending physician and, with 2 photographs corresponding to its current form, to return it to that local military administration without undue delay. If a citizen is deprived of legal capacity, his / her guardian shall fill in the questionnaire; (2a) if he / she is affected by a defect or illness for which he / she is unable to complete the questionnaire, the person close to him / her shall do so. 2b)

(2) The citizen shall indicate on the questionnaire the name, surname, birth number, address of permanent residence, established education, employment, specific competences and knowledge, subjective information on his or her state of health, name, surname, address of permanent residence of parents or wives or spouses. In the questionnaire he is obliged to provide true information.

(3) The questionnaire shall include the health data obtained from the preventive examination carried out during the relevant period under the special legislature3) and the results of the new examinations carried out during the period from the last preventive examination to the completion of the questionnaire.

(4) The treating physician (4) is required to carry out a preventive examination to the extent provided, (5) if not already carried out, and to complete the health part of the questionnaire.

(5) The Ministry provides for a model questionnaire by decree.

ČÁST ČTVRTÁ

EXECUTIVE OBLIGATIONS AND RECURRENCE PROCEDURE

§ 8

Withdrawal obligation

(1) The obligation to pay is the obligation to submit to the levy procedure.

(2) The withdrawal obligation shall be regular, exceptional and voluntary.

(3) The content of the levy procedure is the obligation of the citizen to come to the levy, undergo a medical examination, and, where appropriate, a professional examination and a personality examination.

(4) The withdrawal obligation shall be imposed on citizens on the date on which they reach the age of 18 and shall expire at the age of 60.

(5) The obligation to pay shall cease to exist by a final decision on the capacity or permanent incapacity for military service.

(6) A citizen who has a withdrawal obligation is a keeper.

§ 9

Input

(1) The purpose of the levy is to take the gate into the military register and decide on its ability to operate in the military on the basis of the medical fitness established and the results of the further examinations provided for in Article 8 (3). For the implementation of the levy, a higher commission shall be set up for the territorial military administrations of the retirement commission and the Chief Supplementary Office.

(2) The levies are regular, exceptional and voluntary.

(3) Territorial military administrations register men who reach the age of 18 each calendar year on the basis of a list for regular contributions. The lists shall be drawn up on 1 January of each calendar year by the municipal authorities, (6) in whose district the citizens are registered for permanent residence and shall be submitted to the competent regional military administration by 15 January. The list shall include the name and surname, birth number and address of the permanent residence.

(4) The lists of citizens who stay abroad for a long time are drawn up by the representative offices of the Czech Republic in whose district the citizens live. The list of data referred to in paragraph 3 shall be sent by the Ministry of Foreign Affairs to the Ministry by 31 January of each calendar year.

(5) At the request of the Chief of the Regional Military Administration for the implementation of the levy, the municipal authority of the municipality with extended scope of the room, their equipment, heating and maintenance, and the regional authority of the doctor, other health professionals and material security of medical examinations shall ensure.

§ 10

Inter-trade panel

(1) The Supply Commission of the Territorial Military Administration operates in a composition

(a) the President - Chief of Regional Military Administration or a representative designated by him;

(b) members - a representative of the municipal office of the municipality with extended competence, designated by the Mayor and two civilian doctors, whose participation will be provided by the Director of the Regional Office at the request of the Chief of the Regional Military Administration.

There cannot be a person on the board who does not have citizenship of the Czech Republic.

(2) The preparations of the members of the Board of Appeal are carried out by the Chief Supplementary Office. The participation of members of the Board of Appeal as provided for in paragraph 1 (b) in the preparation shall be ensured by the delegation of the Mayor of the municipality and the Director of the Regional Office.

(3) In addition to the members of the commission, persons designated by the Chief of the Regional Military Administration and the Council, only persons authorised by the authorities of the Regional Military Administration may be present.

(4) The levy may also be attended by representatives of the municipality from which the goaltenders are called for the levy.

§ 11

Departure

(1) In the draft, the goaltenders undergo a medical examination. Only health care professionals may be present. If doctors cannot ascertain precisely the health status of the gate, especially in relation to the consumption of alcoholic beverages, other addictive substances or AIDS, they will send it to the medical institution they determine for professional examination. During the interview, additional knowledge and skills of the goal and its interest in carrying out professional activities in the armed forces can be found.

(2) According to the outcome of the medical examination or the outcome of the expert examination, doctors shall assess the medical fitness of the military service.

(3) According to the outcome of the medical examination, the Board of Appeal shall decide:

(a) the ability of a military-active guard; or

(b) the permanent inability to provide military service; or

(c) the suspension of the levy in the event of temporary incompetence of the gate for sickness or defect.

(4) For health reasons, the decision may be suspended for a maximum period of 3 years. In the meantime, a decision shall be taken on the ability or the permanent inability to provide military services; that period is extended by the reasons set out in Paragraph 12 (3).

(5) In the case of a withdrawal decision, the diaphragm may appeal to a higher commission; no appeal is admissible for a state of state and war.

(6) The draft decision according to which the goalkeeper is obliged by military active service is called the retirement. From the legal power of this draft decision, the goalkeeper is a soldier and by the date of taking up military active service he is called a conscriber.

(7) The Ministry of Health, in agreement with the Ministry of Health, provides for a procedure for assessing the medical fitness of conscribers for military active service in the contribution and degree of medical fitness.

§ 12

Regular contributions

(1) Citizens subject to a regular levy are required to appear at the post and at the time specified by the call order issued by the local military administration to prove their identity and to provide relevant documents, in particular driving licences and documents on the highest education achieved. The calling of citizens is carried out by the delivery of call orders by mail or via administrative or municipal offices. If a citizen does not receive a notice of call, he shall be obliged to attend the post and during the period provided for by the public order. A citizen who stays abroad for a long time will come to a regular contribution on his return to the Czech Republic.

(2) A citizen who does not appear without a proper apology or for serious reasons for a first appeal for a periodic contribution may be brought to the hearing.

(3) The following shall be considered as serious reasons for which a citizen cannot appear on a regular basis:

(a) temporary incapacity for work in which the state of health and the treatment regimen do not allow the doctor to travel;

(b) the detention, detention, arrest, execution of the detention and execution of the prison sentence;

(c) other obstacles which arose independently of him and which prevented him from arriving on time; However, they must provide confirmation of this by the municipal office, police or other administrative office of the place where the obstacle was created.

(4) Citizens who were unable to make a regular contribution within the prescribed period for the reasons referred to in paragraph 3 shall be obliged to notify the relevant territorial military administration of the absence of obstacles without delay. They shall be subject to the regular levy retrospectively.

(5) Citizens who are not fully capable of military active service are not called for a regular contribution. Citizens without a limb, blind, deaf, mute, deprived of legal capacity, disability or illness that makes them permanently unable to move on their own shall be regarded as wholly incapable of military active services.

(6) The regular contribution of citizens exempt from the obligation to make a regular contribution shall be made by the retirement commission without their participation on the basis of documents submitted to the relevant regional military administration.

(7) The Government may provide for a suspension by regulation of the periodic withdrawal obligation according to the need for the replenishment of the armed forces.

§ 13

Voluntary contributions

(1) Voluntary contributions are made in peace, state or state of war.

(2) Only citizens and foreigners who have taken on a voluntary military duty or foreigners who have been permitted to enter the armed forces shall be subject to a voluntary levy.

(3) The provisions on periodic contributions apply mutatis mutandis to the voluntary contribution.

§ 14

Higher Input Commission

(1) The higher draft committee at the Chief Supplementary Office operates in a composition

(a) the President - the Director of or a representative appointed by the Chief Supplementary Office;

(b) members - a military doctor and a military lawyer, whose participation shall be provided by the Director of the Chief Supplementary Office.

There cannot be a person who does not have the citizenship of the Czech Republic on the higher commission.

(2) Higher commission

(a) manage and control the activities of the recruitment committees;

(b) decide on an appeal against a decision on appeal;

(c) review the final withdrawal decision issued by the Board of Appeal according to which the gate became permanently incapacitated by military active services.

(3) The higher withdrawal commission shall confirm or amend the draft decision or final decision according to which the gateway has become permanently incapacitated by military active services. That decision shall not be appealed against.

§ 15

Review of final decision

(1) A review of a final decision of discharge issued by the Board of Appeal, according to which the goal has become permanently incapacitated by military active services, shall be carried out by a higher commission if it is suspected that it has been issued as a result of an act which is a criminal offence, or has been rendered contrary to this law or other specific legislation.

(2) The examination of a final decision as an exceptional appeal shall be admissible only within 3 years of the acquisition of the power of that decision; where it has been issued as a result of a criminal act, it shall be allowed at any time.

(3) Provisions on regular contributions and on the progress of the levy apply mutatis mutandis to the examination. If a professional examination is necessary, a citizen may also be sent to a medical facility other than the one which carried out the initial examination.

ČÁST PÁTÁ

SERVICES OBLIGATIONS

§ 16

Service obligation and types of military active service

(1) A service obligation is an obligation to board and carry out an active military service in a timely manner. It shall be established on the date of the acquisition of the legal power of the decision on the ability to serve in the military.

(2) Military active service includes:

(a) basic service;

(b) replacement service,

(c) military exercises;

(d) exceptional service.

(3) A special type of military active service is the service of a professional soldier who is employed in a service relationship under special legislation. 7)

(4) A soldier is obliged to perform his duties in person according to his state of health and his physical fitness, psychological abilities and knowledge.

(5) Soldiers carrying out any of the duties referred to in paragraphs 2 and 3 are active soldiers; Other soldiers are soldiers outside active duty.

§ 17

Basic service

(1) The basic service lasts 12 months; begin with the date of its embarkation with a military unit or equipment or military rescue service (7a) (hereinafter referred to as the "military service ') and ends with the date of release from the military service.

(2) The Ministry shall include, by that time, an emergency service or part thereof.

(3) The course of the basic service is governed by specific legislation. 8)

§ 18

Replacement service

(1) The replacement service shall be performed instead of the basic service and shall last for 3 months; begin with the date of its embarkation at the military service and ends with the date of release from the military service.

(2) A soldier shall be designated for the replacement service by law, upon request or ex officio.

(3) The Ministry shall include in the replacement service the extraordinary service performed or part of it.

(4) The course of the replacement service is governed by a specific legislative legislature.8)

§ 19

Designation of the legal replacement service

(1) For the replacement service, the Chief of the Regional Military Administration will, by law, designate citizens who have been paid without fault after 31 December of the year in which they completed the age of 30 or who have not started the basic service without fault by 31 December of the year in which they completed the age of 30.

(2) The legal designation for a replacement service does not apply to citizens who stay abroad for a long time.

Designation of replacement service upon request

§ 20

(1) The replacement service may, upon request, be designated as an enlistment and a soldier on a basic service who has not yet performed 3 months of basic service or as soldiers to whom the essential service has been interrupted, without carrying out 3 months of basic service if they so request for serious family, social or economic reasons. There is no legal entitlement to a replacement service upon request.

(2) An application for a replacement service is made by the transferee to the competent regional military administration, a soldier to the service authority. 9)

(3) The applicant shall attach a declaration of family, social or economic circumstances to the application for designation to the replacement service. If the applicant acts as a reason for the medical condition of those close to him, he shall attach a certificate to the treating physician.

(4) Applications for replacement service shall be decided by the Chief of Regional Military Administration; the requests of soldiers in the basic service shall be decided by the service authority.

(5) By decree, the Ministry sets out the extent of the serious reasons for the possible use of the replacement service on request.

§ 21

(1) If the reasons for which the applicant has been designated for the replacement service at a time when the essential service should otherwise still be in place, he is obliged to notify the relevant regional military administration without delay.

(2) The Chief of the Regional Military Administration shall, upon request, revoke the decision on designation for a replacement service if the reasons have ceased or the reasons for designation for a replacement service have not been given or have come to an unauthorised designation for a replacement service. An appeal against a decision to revoke a designation for a replacement service shall not have suspensory effect.

(3) The transferee or soldier whose decision to appoint a replacement service has been revoked on request after the absence of grounds shall only be called upon for a basic service for a period ending on the date on which the essential service would have ended if it had not been intended for a replacement service; the period during which the replacement service or part of the basic service was performed shall be included in the basic service and the duration of the reasons for the replacement service. If there is a period of less than 3 months until the completion of the basic service, the remaining part of the basic service shall be waived by the Chief of the relevant regional military administration.

(4) An transferee or a soldier who has been cancelled on request by the decision to designate a replacement service because the reasons for the designation have not been given or the unauthorised designation of a replacement service has been made shall be called on to the basic service or to the completion of the basic service.

§ 22

Appointment for an ex officio replacement service

(1) For an ex officio replacement service, the Chief of the Regional Military Administration shall designate the concierge who apply for admission to the service (10) in accordance with specific legislation.

(2) An ex-officio replacement service may be used for the identification of detainees and soldiers who have not yet completed three months of basic service and who are not required to complete the armed forces. They shall be determined by the Ministry. The appointment of the alternate member shall be decided by the Chief of the Regional Military Administration, the appointment of the alternate member by the Service Authority. Paragraph 20 shall apply mutatis mutandis to the designation for the replacement service.

(3) The decision to designate a replacement service as referred to in paragraph 1 shall be annulled if the reasons for this are not known; the decision referred to in paragraph 2 may be revoked on grounds of the needs of the armed forces. No appeal shall be admissible against a decision to revoke an ex officio replacement service.

(4) Once the decision referred to in paragraph 3 has been taken, the carers and soldiers designated for the replacement service shall be called for the basic service only for a period ending on the date on which the basic service would have ended if it had not been intended for the replacement service; If the service has not been incurred under special legislation10), soldiers assigned to a replacement service shall be called upon to complete the basic service at a statutory level.

§ 23

Start of basic or replacement service

(1) Beneficiaries shall start the basic service or replacement service in the calendar year in which they were recruited or in the following year.

(2) Reductors who are long-term abroad start basic or replacement service after returning to the Czech Republic.

(3) The payee calls on the relevant regional military administration to the basic or alternative service. The order of appeal shall normally be delivered to the payees by mail or via administrative or municipal offices.

(4) The transferee shall be obliged to appear at the designated military service at the time specified by the call order to prove his identity, to present the relevant documents, in particular the driving licence and the medical certificate, and to undergo a medical examination by a military doctor.

(5) An employee who could not attend the designated military service for medical or other serious reasons within the prescribed time limit shall be obliged to notify the local military authority calling him without delay and to submit the necessary confirmation in a similar manner to that of the levy.

(6) The transferee shall be obliged to notify the territorial military administration calling him without delay of the reasons for not joining the essential or replacement service. The basic or replacement service shall be called as a general rule by the following starting date.

§ 24

Deferred basic or replacement service

(1

(2) An application accompanied by attestations certifying reasons shall be submitted to the relevant territorial military administration.

(3) The Chief of Regional Military Administration shall decide on the deferral of the basic or replacement service. An appeal against a decision shall not have suspensory effect.

(4) The transferee who has been granted a postponement is obliged to notify the relevant territorial military administration of the grounds for postponement within 8 days.

(5) If the reasons for which the deferral of a basic service or replacement service has been authorised are omitted, the Chief of the Regional Military Administration will revoke the postponement. The appeal against the decision to revoke the deferral shall not have suspensory effect.

(6) The transferee shall be called to a basic or replacement service or to be completed in the year in which the deferral ended or in the following year.

(7) Soldiers in the basic or replacement service may be granted an additional stay at the request of the service authority. Applications are decided by the Ministry. Paragraphs 1 to 6 shall apply mutatis mutandis.

(8) By decree, the Ministry sets out the reasons for the special consideration for authorising the deferral of the basic or replacement service.

§ 25

Interrupting the basic service destination for the replacement service

(1) Soldiers who cannot be assigned a replacement service under Paragraph 20 (1) simply because they have performed a basic service of more than 3 months may be suspended. When the basic service is interrupted, the service authority shall release the soldiers of the basic service early.

(2) If the reasons for the interruption of the essential service are omitted, the soldier is obliged to report this circumstance immediately to the relevant regional military administration. The soldier will only be called to the basic service for a period ending on the day on which the basic service would have ended if it had not been interrupted.

(3) Soldiers whose basic service has been interrupted pursuant to Paragraph 26 and for whom there are grounds for determining the replacement service on request may be extended to such reasons for the interruption.

(4) The Chief of Regional Military Administration shall revoke the decision to interrupt the basic service if the reasons have passed or the reasons have not been given, or if an unauthorised interruption has occurred, and shall call the soldier to complete the suspended basic service. The appeal against the decision to cancel the basic service shall not have suspensory effect.

(5) By decree, the Ministry sets out the grounds for interruption of the basic service of the place of destination for the replacement service.

§ 26

Discontinuation of basic service

(1) The basic service is interrupted for soldiers

(a) perform the functions referred to in Paragraph 33;

(b) if decided on the basis of the review procedure,

(c) which should be granted medical leave for the period remaining to complete the basic service, provided that this period does not exceed 30 calendar days, 12)

Citation	Full text of Act No. 41 / 2003 Coll., Act No. 218 / 1999 Coll., on the scope of the defence obligation and on military administrative offices (Defence Act), as resulting from subsequent amendments
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	14.02.2003
Effective from	-
Effective until	-
Status	Valid

Full text of Act No. 41 / 2003 Coll.

Full version of Act No. 218 / 1999 Coll., on the scope of the defence obligation and on military administrative offices (Defence Act), as resulting from subsequent amendments

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