Act No. 428 / 2012 Coll.
Act on property settlement with churches and religious societies and on the amendment of certain laws (Act on property settlement with churches and religious societies)
Valid
Law
Effective from 01.01.2013
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428
THE LAW
of 8 November 2012
on property settlement with churches and religious societies and amending certain laws (Law on property settlement with churches and religious societies)
Parliament
the memory of bitter experiences from times when human rights and fundamental freedoms have been suppressed in the territory of the Czech Republic today,
determined to guard and develop inherited cultural and spiritual wealth,
led by an attempt to mitigate the consequences of certain property and other injustices committed by the Communist regime between 1948 and 1989, to settle property relations between the state and churches and religious societies as a precondition for full religious freedom, thereby enabling the restoration of the property base of churches and religious societies to be free and independent of the status of churches and religious societies whose existence and activities are considered essential to democratic society,
he has acted on this law of the Czech Republic:
PROPERTY EQUIPMENT WITH OBJECTIVES AND BODIES
BASIC PROVISIONS
Subject matter
This law provides for the reduction of certain property injustices committed by communist regimes (1) to churches and religious societies which, at the date of the entry into force of this Act, are state-registered churches and religious societies under another legislature2 (hereinafter referred to as "registered churches and religious societies'), between 25 February 1948 and 1 January 1990 (hereinafter referred to as" the relevant period ') and the settlement of property relations between the State and the registered churches and religious societies.
Definition of certain terms
For the purposes of this Act:
(a) the original property of the registered churches and religious societies of matters, property rights and other property values, including joint ownership shares and components and accessories of items which were at least part of the period of jurisdiction owned or belonged to registered churches and religious societies, legal persons established or constituted as part of registered churches and religious societies, the Religious Matrix or other legal persons established or established to support the activities of registered churches and religious societies to spiritual, pastoral, charitable, medical, educational or administrative purposes, or to their legal predecessors;
(b) agricultural real estate
1. land which on 24 June 1991 constituted or belonged to the agricultural soils fund (3),
2. the land which, on 24 June 1991, constituted the forest fond4),
3. residential buildings, economic buildings and other buildings belonging to the original agricultural estate, including built-up land;
4. residential and economic buildings and buildings serving agricultural and forestry production or associated water management, including built-up land.
ISSUES OF CERTAIN THINGS AUTHORISED TO PERSONS
Authorised persons
The authorised person shall:
(a) a registered church and religious society;
(b) a legal person established or established as part of a registered church and religious society;
(c) a legal person established or established to support the activities of a registered church and a religious society for spiritual, pastoral, charitable, health, educational or administrative purposes;
(d) Religious nuts,
on condition that, during the period in question, that person or his legal predecessor has suffered property damage as a result of one of the facts referred to in § 5.
Compulsory persons
The mandatory person shall be:
(a) Land Fund of the Czech Republic,
(b) Forests of the Czech Republic, p.
(c) the State for which the relevant organisational body of the State is acting;
(d) State contribution organisation, State fund, state enterprise and other state organisation;
provided that the person is entitled to manage the property of the State or to exercise the management of the property of the State which, during the period in question, has been the subject of a property injunction as a result of one of the facts set out in Section 5.
Facts leading to property injustices
The facts that led to property injustices during the relevant period are:
(a) the withdrawal of the case without compensation in accordance with the procedure laid down in Act No. 142 / 1947 Coll., on the revision of the first land reform, or under Act No. 46 / 1948 Coll., on a new land reform (permanent modification of ownership of agricultural and forestry land);
(b) the withdrawal of a case pursuant to Act No. 185 / 1948 Coll., on the nationalisation of medical and nursing institutions and on the organisation of state constitutional medical care, Act No. 169 / 1949 Coll., on Military Departures, Act No. 95 / 1948 Coll., on the Basic Regulation of Single Education (Education Act), Act No. 125 / 1948 Coll., on the nationalisation of natural medical resources and spa facilities, and on the integration and administration of confiscated spa property, and Act No. 124 / 1948 Coll., on the nationalisation of certain inns and catering establishments,
(c) acts undertaken by the Religious Matrix to dispose of property which it did not own, in particular in the procedure laid down in Decree No 351 / 1950 of the Ú. l. I, on the taking over of the administration of certain property by the religious fund;
(d) an auction procedure carried out in abridged form to cover the State's claim;
(e) a donation agreement if the donation was made in distress;
(f) a contract of sale where the contract of sale was concluded in distress or under clearly unfavourable conditions;
(g) refusal of the inheritance in the proceedings where the refusal of the inheritance has taken place in distress;
(h) expropriation for compensation where the case exists and does not serve the purpose for which it was expropriated;
(i) nationalisation or expropriation carried out in breach of the legislation in force at the time or without payment of the refund;
(j) political or religious persecution or a procedure which infringes the generally recognised principles of the democratic rule of law or human rights and freedoms, including the denial or failure to protect property rights or the refusal to terminate the process of deciding on property claims before a court or other public authority; or
(k) taking over or maintaining a case without legal justification.
Issue of cases by the Land Fund of the Czech Republic and the Forests of the Czech Republic, p.
The compulsory person referred to in Articles 4 (a) and 4 (b) shall issue to the person entitled the immovable property owned by the State which belonged to the original property of registered churches and religious societies and has been the subject of the property injunction suffered by the beneficiary or his legal predecessor during the relevant period as a result of one of the facts referred to in Article 5.
Issue of cases by other obliged persons
(1) The debtor, pursuant to Article 4 (c) and (d), shall issue to the person entitled the immovable property owned by the State which belonged to the original property of registered churches and religious societies and has been the subject of a property injunction suffered by the beneficiary or his legal predecessor during the relevant period as a result of one of the facts referred to in Article 5, provided that:
(a) it is functionally related or related to immovable property owned or issued by the beneficiary under this law; or
(b) it served for spiritual, pastoral, charitable, medical, educational or administrative purposes or as a spiritual residence for the beneficiary or his legal predecessor during the relevant period.
(2) The debtor, pursuant to Article 4 (c) and (d), shall issue a movable property belonging to the State owned by the beneficiary belonging to the original property of registered churches and religious societies and has been the subject of a property injunction suffered by the beneficiary or his legal predecessor during the relevant period, as a result of one of the facts referred to in Article 5, provided that he is functionally related or related to the immovable property owned by the beneficiary or issued under this law.
(1) A case may not be given in the case of:
(a) land built; a part of the land which, after being the subject of an asset injustices due to one of the facts referred to in § 5, was built by construction or a part of the building capable of being used separately (hereinafter referred to as "the building ') when the building was set up in accordance with the Construction Act (5) and is used, and a part of the land with such construction directly related and strictly necessary for the use of the construction; a part of the land built by construction owned by a person other than the State or the beneficiary and a part of the land directly related to such construction and strictly necessary for the use of the building shall also be considered as a built-up plot,
(b) a immovable property which constitutes the territory of a military outskirts (6) and the construction which is situated in that territory;
(c) church matrices which became the property of the State pursuant to § 27 of Act No. 268 / 1949 Coll., on Matrices,
(d) the immovable property used to perform or prepare the tasks of the Security Board (7);
(e) land excluded from the agricultural land fund on which it was established in accordance with the building law of the sports field used;
(f) the part of the land or construction required for the public utility construction of transport or technical infrastructure as defined in the approved planning documentation for which the rights to land and buildings may be expropriated; This does not apply if it is sufficient for a public utility to establish a material burden;
(g) a immovable property consisting of the territory of a national park or a national nature reserve and a building situated in that territory; or
(h) a case confiscated on the basis of the decree of the President of the Republic No. 12 / 1945 Coll., on confiscation and accelerated distribution of agricultural assets of Germans, Hungarians, as well as traitors and enemies of the Czech and Slovak people, or the decree of the President of the Republic No. 108 / 1945 Coll., on confiscation of hostile assets and National Recovery Funds.
(2) Where a immovable property which is issued under this law is necessarily required by the State to fulfil its obligations under the law and that other immovable property cannot be used to fulfil those obligations, the person entitled shall be obliged to allow the person responsible for the use of that property to be used on the spot and at the time of the usual rental for a period of 10 years from the date on which the property is acquired.
Procedure for the issue of agricultural property
(1) The authorised person shall invite the compulsory person to issue the agricultural property in writing within 12 months of the date of entry into force of this Law, otherwise his entitlement shall cease. In the invitation, the beneficiary shall indicate the agricultural property and state the legal reason for the right to issue it under this law; it is sufficient to determine the agricultural property if it is marked according to the condition at the time when it was the subject of the property injustices. Further authorised person
(a) attach a document or otherwise prove that the agricultural property belonged to the original property of registered churches and religious societies;
(b) attach a document or state the reasons for which it appears that one of the facts referred to in Article 5 is fulfilled;
(c) affix a document or otherwise attest a fact certifying one of the conditions set out in Article 7 (1) (a) or (b), where the person referred to in Article 4 (c) or (d) is the obliged person;
(d) attach a document proving the legal successor or the legal successor otherwise certify if it claims entitlement to the issue of an agricultural property which has been the subject of property injustices at the time it was owned by the legal predecessor of the beneficiary.
The invitation received to the debtor may be supplemented by other reasons, facts and documents certifying the claim claimed; the claim claimed cannot be extended by such addition. Within 15 days of receiving the call, the obliged person shall deliver a copy thereof to the competent land office; the same procedure shall be followed by the obliged person when he receives a call for further reasons, facts and documents certifying the claim claimed.
(2) The debtor shall conclude a written agreement with the beneficiary on the issue of agricultural property within 6 months of the date of receipt of the call, unless otherwise provided for in this law (Section 11). The property will be entered in the agreement by the cadastral law. If only part of the land registered in the land register in the form of parcels is issued, a geometric plan must be an integral part of the agreement.
(3) The agreement between the beneficiary and the debtor for the issue of agricultural immovable property is subject to the approval of the land authorities (8) in administrative proceedings involving the beneficiary and the debtor.
(4) If the Land Office finds that the agreement concluded does not concern agricultural property, it shall reject the application for its approval. In this case, the procedure laid down in Article 10 (3) shall be followed.
(5) If the agreement on the issue of agricultural property is not concluded in accordance with the law, the Land Authority shall not approve it. An action for the issue of an agricultural property maintained by the Land Office and of which the beneficiary and the obliged person are parties shall be initiated by the vain expiry of the time limit for bringing an action in this case or by the date of the legal authority of the court which the court fails to comply with the action. The person entitled shall immediately inform the Land Office of the application pursuant to the second sentence and the court's decision to bring such an action.
(6) If there is no agreement between the authorised person and the obliged person to conclude an agreement on the issue of agricultural property, the Land Authority shall decide on the basis of a proposal from the authorised person to issue the agricultural property; a proposal may be submitted within 6 months of the expiry of the period referred to in paragraph 2. The parties shall be the person entitled and the person liable. If the Land Office finds that the property is not agricultural, it shall reject the application by the beneficiary for the issue of the immovable property; in such a case, the procedure laid down in Article 10 (4) shall be followed.
(7) The decision referred to in paragraph 5 or 6 shall be taken by the Land Office within a period of 6 months; If there is a particularly complex case, the Land Authority shall take a decision within 12 months.
(8) There shall be no appeal against a decision of the Land Office under paragraphs 4 to 6.
(9) The agreement referred to in paragraph 3, together with the decision of the Land Authority on its approval or decision on the issue of agricultural real estate referred to in paragraph 5 or 6, shall be submitted by the Land Authority within 30 days of the date of the acquisition of the legal authority's decision to record the property right or other rights in the Real Estate Register (9).
(10) If the Land Office has decided under this Act, the case may be dealt with in proceedings under Part Five of the Civil Code. The regional court shall have jurisdiction in the proceedings at first instance.
Procedure for the issue of goods other than agricultural immovable property
(1) The authorised person shall invite the obliged person in writing to issue a case other than agricultural property within 12 months of the date of entry into force of this Law, otherwise his entitlement shall cease. In the invitation, the person entitled shall indicate the case and state the reason for the right to issue it under this law; it is sufficient to determine the case if it is marked according to the condition at the time when it was the subject of the property injustices. Further authorised person
(a) attach a document or otherwise prove that the item belonged to the original property of registered churches and religious societies;
(b) attach a document or state the reasons for which it appears that one of the facts referred to in Article 5 is fulfilled;
(c) attach a document or otherwise attest to a fact which attests to one of the conditions laid down in Article 7 if the person required is the person referred to in Article 4 (c) or (d);
(d) attach a document proving the legal succession or succession otherwise, where it claims entitlement to issue a case other than an agricultural property which has been the subject of property injunction at the time it was owned by the legal predecessor of the beneficiary.
The invitation received to the debtor may be supplemented by other reasons, facts and documents certifying the claim claimed; the claim claimed cannot be extended by such addition.
(2) The obliged person shall conclude a written agreement with the beneficiary on the issue of a case other than agricultural property within 6 months of the date of receipt of the request, unless otherwise provided for in this Law (Section 11). The property will be entered in the agreement by the cadastral law. If only part of the land registered in the land register in the form of parcels is issued, a geometric plan must be an integral part of the agreement.
(3) The property right to an immovable property other than agricultural immovable property registered in the cadastral shall be acquired by the beneficiary on the basis of an agreement on the issue of a real estate property asset (9).
(4) If there is no agreement to issue a case pursuant to paragraph 2 or Paragraph 11, the beneficiary may, within a period of 3 years, apply to the court with a motion to replace the lack of speech of the debtor's will, otherwise his entitlement shall cease. The time limit for submission of the application in accordance with the first sentence shall begin to run with the futile expiry of the six-month period laid down in paragraph 2 or § 11.
Common provisions on the issue of cases
(1) Where, pursuant to Article 9 or 10, the beneficiary invites the person referred to in Article 4, who is not entitled to manage the property of the State which is the subject of the call, or is not entitled to exercise the management of that property (hereinafter referred to as "the non-competent person '), and the non-competent person is known from the documents at his disposal or from the property register, the non-competent person shall forward the call to the obliged person within 15 working days of being delivered to him by the authorised person.
(2) If, on the basis of the information referred to in paragraph 1, a person is not known to the non-competent person, he shall, within 15 working days of the date of receipt of the call, request the competent cadastral office to establish the data on legal relations with the agricultural property or on a matter other than the agricultural property. Within six months of the date on which the request was received by the non-competent person, the Catastral Authority shall establish the required information and, where necessary, draw up the identification of the parcels or documents to show which of the existing parcels the property or part thereof is involved (hereinafter referred to as "documents') and send them to the non-competent person.
(3) On the basis of documents received by a non-competent person under paragraph 2,
(a) forward the invitation, together with the documents, within 15 working days of the date on which the documents were delivered, to the obliged person; or
(b) forward the invitation with the documents within 15 working days of receipt of the documents;
1. The Land Fund of the Czech Republic, if the documents show that the owner of the agricultural property is a State, but the obliged person cannot be identified or the obliged person has disappeared, or
(2) The Office for the Representation of the State in property matters (10), provided that the documents show that the owner of an item other than agricultural real estate is a State, but the debtor cannot be identified or the debtor has disappeared.
(4) In the case referred to in paragraph 3 (b) (1), the Land Fund of the Czech Republic shall be considered to be a compulsory person and shall, under the conditions laid down by this Law, conclude an agreement with the beneficiary to issue the case. In the case referred to in point (b) (2) of paragraph 3, the Office for the Representation of the State shall, within 1 month of the date on which the notice was received with the documents, take up property other than agricultural immovable property under another legislation (11) and, under the conditions laid down by that law, conclude an agreement to issue the case with the beneficiary.
(5) For running time limits, in the case of:
(a) paragraph 1 shall be entitled to the issue of agricultural immovable property or goods other than agricultural immovable property to the extent claimed in the invitation, within a specified period;
(b) paragraph 3 (a) shall start to run on the date of receipt of the invitation, together with the supporting documents, for the conclusion of the agreement pursuant to Article 9 (2) or Article 10 (2);
(c) paragraph 3 (b) (1) shall begin to run on the date of receipt of the invitation, together with the documents of the Land Fund of the Czech Republic, for the conclusion of the agreement referred to in Article 9 (2);
(d) Paragraph 3 (b) (2) of the time limit for the conclusion of the extradition agreement referred to in Article 10 (2) shall begin to run on the day following the date on which the Office for the Representation of the State took up property other than agricultural property under a different law.
(6) He who makes the acts referred to in paragraphs 1 to 5 in writing and within the time limits laid down for such acts shall inform the authorised person thereof. The Office for the Representation of the State shall also inform the beneficiary in writing of the start of the period referred to in Article 10 (2) within 15 working days of the date on which the goods other than agricultural property were taken up.
(7) If, according to the data obtained from the property register, the owner of the immovable property is a person other than the State, or cannot be ascertained by that person, the non-competent person shall inform the entitled person in writing without undue delay and at the same time return the request. In this case, the authorised person may claim the issue of the immovable property in a court within 3 years of the date on which the written notification from the non-competent person has been received in accordance with the first sentence, otherwise his claim shall cease. If no person is registered as owner of the agricultural property in the property register, the Land Fund of the Czech Republic is the defendant; If no person is registered as the owner of the item other than the agricultural property, the defendant shall be the State for which the Office for the Representation of the State is acting before the court in matters of property.
(8) If the subject of a call is not known to the person concerned or if the person is not aware of the location of the call, he shall inform the person entitled in writing within 15 working days of the date of receipt of the call and shall return the call to him. Paragraph 7 of the second sentence and part of the third sentence after the semicolon shall apply mutatis mutandis.
(9) Real estate issued under this Act shall also be issued with movable property from the original property of registered churches and religious companies which are State-owned and have functionally or are related to real estate.
Settlement of rights and obligations relating to matters
(1) Unless otherwise agreed by the holder in writing with the debtor, the case shall be given to the person entitled in the state in which he was present at the date of receipt of the call for extradition to the debtor, to his or her components and accessories which belonged to the original property of the registered churches and religious societies or which represented their duties or are necessary for the proper use of the immovable property in accordance with its purpose. The debtor shall not have rights in respect of the person entitled in relation to the matter in question other than those provided for in this or any other law. The authorised person to whom a case has been issued shall have no rights other than those laid down in this law in respect of the person concerned in respect of the issue.
(2) If the law on the matters to be given is a lien, that right shall cease at the time of its issue. The debtor shall settle or otherwise settle an obligation secured by the lien at the time of issue of the case.
(3) Where, prior to the date of entry into force of this law, the debtor has concluded a contract of use of the case or a contract of law corresponding to a substantive burden under appreciably unfavourable conditions, the person entitled may terminate such a legal relationship within a period of 1 year from the date of issue of the case, within a six-month period of notice, unless it is otherwise agreed between the authorised person and the user or between the authorised person and the person entitled to the burden in question.
Restrictions on the transfer of property-injunction cases
(1) Things constituting the original property of registered churches and religious societies owned by the State cannot be transferred for a period of 24 months from the date of entry into force of this provision to the property of another person, leave another person to use or burden another person with the law of another person. At the end of the period referred to in the first sentence, the property of the State may not be transferred to another person, the right of another person to use it, or to impose a burden on other persons, goods constituting the original property of registered churches and religious societies for which entitlement has been claimed under this law, but the issue of the case has not taken place, for as long as the proceedings are pending before the land office under this law, or until the date on which the case was issued,
(a) the time limit for bringing an action under Part Five of the Code of Civil Procedure or for exercising the right to issue a case before a court expires in vain;
(b) the period of two months after the Court of First Instance's decision to bring an action under Part Five of the Civil Code shall expire if the action has been brought and no appeal has been lodged; where the application has been lodged, the period shall be extended until the decision of the court of appeal which does not comply with the application; or
(c) the period of two months after the Court of First Instance's decision on the claim has become final if the claim has been lodged before the court and the application has not been lodged; Where a request has been lodged, the period shall be extended until the decision of the court of appeal which does not comply with the request.
(2) Legal acts taken in breach of paragraph 1 are invalid.
(3) From the date of receipt of the call for the issue of the movable item until the issue of the movable item, the obliged entity may not transfer the movable item to a place other than the place where it is located on the date of receipt of the call, except in the case of a location in its premises or in the case of a suitable custodian under a written contract. If the obliged person does not issue a movable item on the basis of a call, the restriction to move the item under the first sentence shall continue until the date on which:
(a) the period of validity of the claim in court expires in vain; or
(b) the period of two months after the Court of First Instance's decision on a claim has become final if the claim has been lodged before the court and the appeal has not been lodged; Where a request has been lodged, the period shall be extended until the decision of the court of appeal which does not comply with the request.
The authorised person shall be entitled to compensation for damage caused by the obliged person in breach of that obligation.
Reorganisation of land and reimbursement of associated costs
(1) A decision or measure by a public authority other than the cadastral office is not required to be taken in order to divide or seal the land for its purpose.
(2) The necessary costs associated with the valuation of goods, the identification of goods, the identification of parcels, the drawing up of the documents referred to in Article 11 (2), the setting and orientation of the land and the drawing up of a geometrical plan shall be borne by the State, in the case of agricultural properties, through land offices and in other cases by obliged persons.
FINANCIAL EQUIPMENT BETWEEN STATE AND OBSERVATIONS AND BODIES
Financial compensation
(1) The registered church and religious society referred to in paragraph 2 (hereinafter referred to as "the church and religious society concerned") which does not refuse to conclude a settlement agreement with the State pursuant to Article 16 shall receive a flat-rate financial compensation (hereinafter referred to as "financial compensation").
(2) The amount of the financial compensation for the individual church and religious society concerned is as follows:
a) Apostolic Church 1 056 336 374 Kč,
b) Brotherhood unity of Baptists 227 862 069 CZK,
c) Church of Adventists on the seventh day 520 827 586 CZK,
d) Brotherhood Church 761 051 303 Kč,
e) Czechoslovak Hussite Church 3 085 312 000 CZK,
f) Greek Church 298 933 257 Kč,
g) Church of Roman Catholic 47 200 000 000 CZK,
h) Czech Brotherhood Church Evangelical 2 266 593 186 Kč,
i) Evangelical Church of the Augsburg Religion in the Czech Republic 118 506 407 CZK,
j) Evangelical Church Methodist 367 634 208 Kč,
k) Federation of Jewish Communes in the Czech Republic 272 064 153 CZK,
l) Brotherhood unity 601 707 065 Kč,
m) The Lutheran Evangelical Church a.v. in the Czech Republic 113 828 334 CZK,
n) Religious Society of Czech Unitarians 35 999 847 CZK,
o) Orthodox Church in Czech countries 1 146 511 242 CZK,
p) Silesian Church of the Evangelical Augsburg Religion 654 093 059 CZK,
r) Old Catholic Church in the Czech Republic 272 739 910 Kč.
(3) The financial compensation shall be paid in 30 immediately successive annual instalments. The amount of the annual instalment shall be calculated as a proportion of the outstanding amount of the financial compensation and the number of annual instalments not yet paid.
(4) The annual payment of the financial compensation shall be paid by the Ministry of Culture no later than 31 December of the calendar year for which it is designated, starting in 2013.
(5) After payment of the first annual instalment, the amount of the outstanding financial compensation shall be increased annually by the annual inflation rate published by the Czech Statistical Office for the calendar year by two years preceding the calendar year of payment of the specific annual instalment. The Ministry of Culture concerned with the church and religious society shall notify the new amount of the outstanding amount of the financial compensation.
Settlement agreement
(1) The State shall conclude a settlement agreement with each church and religious society concerned on the property settlement. The provisions of the Civil Code shall apply to the settlement agreement under this law, with the exception of the provisions on the invalidity and irrevocability of legal acts, the provisions on the change in the person of the debtor or of the creditor, not of legal succession, and the provisions on the termination of the obligation without satisfaction of the creditor, in particular the provisions on withdrawal, the provisions on termination and the provisions on impossibility of performance. As regards the payment of the financial compensation, the State has the status of debtor and the church and religious society concerned have the status of creditor. No netting or enforcement shall be permitted against a claim for financial compensation or repayment of financial compensation.
(2) In addition to the formalities referred to in paragraph 1, the settlement agreement shall:
(a) an explicit arrangement that, by concluding a settlement agreement, all claims by the church concerned and the religious society for the original property of registered churches and religious societies, which has become subject to property injustices during the relevant period as a result of one of the facts referred to in Article 5, which is not issued under this law, are dealt with without prejudice to the issue of cases under this law,
(b) the amount of the financial compensation;
(c) an arrangement that the financial compensation will be paid in the form of thirty immediately successive annual instalments;
(d) the arrangement that the outstanding amount of the financial compensation will be increased annually under the conditions and in accordance with the procedure laid down in Article 15 (5);
(e) an arrangement that the obligation to pay the financial compensation may not cease to exist without the agreement of the Contracting Parties, except through fulfilment;
(f) a commitment by the State to pay a contribution to support the activities of the church and religious society concerned pursuant to Article 17;
(g) an arrangement that the purpose of this contract is governed by this law, as effective at the date of conclusion of the contract.
(3) For the State, the government enters into a settlement agreement with each church and religious society concerned.
(4) A statutory body shall conclude a settlement agreement for the church and religious society concerned. Where the basic document of the church concerned and of the religious society implies a restriction of the statutory body of the church concerned and of the religious society to the layout of the property, prior authorisation by the competent authority of the church concerned and the religious society is required to sign the contract.
(5) The draft settlement agreement shall be delivered by the Ministry of Culture to each of the churches and religious societies concerned within 2 months of the date of entry into force of this Act.
(6) The settlement agreement between the State and the church concerned and the religious society is concluded within 9 months of the date of entry into force of this law. The Ministry of Culture shall declare the settlement agreement concluded by means of a communication in the Collection of Laws within 2 months of the date of its conclusion.
(7) If the settlement agreement is not concluded within the time limit referred to in paragraph 6 by reason of the State, the Church and the religious society concerned may appeal to the court to make up for the lack of will.
Contribution to support the activities of the churches and religious societies concerned
(1) For a period of 17 years from the date of entry into force of this Act ("transitional period '), the State shall pay to the churches and religious societies concerned a contribution to support their activities (" contribution').
(2) In the first three years of the transitional period, the amount of the contribution shall be equal to the amount granted to the church and religious society concerned under Act No. 218 / 1949 Coll., on economic security of churches and religious societies by the State, as amended, in 2011.
(3) The amount of the allowance shall be reduced annually from the fourth year of the transitional period by an amount equivalent to 5% of the amount paid in the first year of the transitional period.
(4) The allowance shall be paid for the calendar year, at the latest by 31 January of the calendar year for which it is intended.
(5) The contribution is not subject to tax, fee or other similar cash benefits.
FINAL, TRANSITIONAL AND REPEAL PROVISIONS
Final provisions
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Regulation Information
| Citation | Act No. 428 / 2012 Coll., on property settlement with churches and religious societies and on the amendment of certain laws (Act on property settlement with churches and religious societies) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.12.2012 |
|---|---|
| Effective from | 01.01.2013 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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