Act No. 454 / 2023 Coll.
Law amending Act No. 65 / 2022 Coll., on certain measures relating to armed conflict in Ukraine caused by the invasion of Russian troops, as amended, and other related laws
Valid
Law
Effective from 01.01.2024
454
THE LAW
of 20 December 2023
amending Act No 65 / 2022 Coll., on certain measures relating to armed conflict in Ukraine caused by the invasion of Russian troops, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on certain measures in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops
Act No. 65 / 2022 Coll., on certain measures relating to armed conflict in the territory of Ukraine caused by the invasion of Russian troops, as amended by Act No. 175 / 2022 Coll., Act No. 198 / 2022 Coll., Act No. 20 / 2023 Coll., Act No. 75 / 2023 Coll. and Act No. 173 / 2023 Coll., is amended as follows:
1. in Article 1 (1) (a), the words "and conditions" shall be replaced by the words "and following a decision by the Council of the European Union to extend temporary protection of the condition."
2. in Article 1 (1), the following point (c) is inserted after point (b):
"(c) assisted voluntary return,"
Points (c) and (d) shall be renumbered points (d) and (e).
3. in Paragraph 4 (2) (a), "47" is replaced by "48."
4. in Article 4 (2) (b), the words "(k) and 'are replaced by the words" (k)' and the words "first 'are inserted after the words", Article 123a (2) and Article 154 (4) (b)';
5. in § 5 (4), first sentence, § 7b (2), § 7c (1), § 7e (1), § 7e (2), second sentence, § 7f (1), first and second sentences, and in § 7g (1), "2024" is replaced by "2025."
6. In Paragraph 5a, the following paragraph 2 is inserted after paragraph 1:
"(2) An application for a residence permit on the territory of the Czech Republic lodged at the representative office by a stranger who has been granted reimbursement of costs associated with assisted voluntary return pursuant to § 6 (11) shall be unacceptable if the alien has not paid half the costs incurred, but no more than one year from the date of the application pursuant to § 6 (12) or from the date on which, at the request of the alien, the provision of § 6 (11) applies. The Ministry of the Interior shall transmit to the Ministry of Foreign Affairs a list of foreigners to whom the first sentence of payment has been made. '.
Paragraph 2 shall become paragraph 3.
7. In Paragraph 5a, the words "or 2 'shall be added at the end of the text of paragraph 3.
8. In the second sentence of Article 6 (1), the words "at the time of the declared crisis' are inserted after the words" crisis law 'and part of the sentence after the semicolon is deleted, including the semicolon.
9. Paragraph 6 is deleted.
Paragraphs 7 to 13 shall become paragraphs 6 to 12.
10. In Article 6, at the end of paragraph 8, the sentence "To issue a visa in accordance with the first sentence, a stranger shall be required to further document the proof of accommodation in accordance with paragraph 1."
11. in Paragraph 6 (9), "9" is replaced by "8."
12.Paragraph 6 (11) reads as follows:
"(11) If the Government so provides, the Ministry of the Interior shall provide for a assisted voluntary return for foreigners, which means the payment of some of the costs associated with their return, usually on the territory of Ukraine, and the assistance needed to do so. At the same time, the government shall determine the types of eligible costs to be paid in the context of the reimbursement of the costs associated with the return of the alien and the maximum amount of funds spent on the assisted voluntary return. An assisted voluntary return can only be provided once. '
13. In Article 6, the following paragraphs 12 and 13 are inserted after paragraph 11:
"(12) In order to ensure an assisted voluntary return, an alien may be requested from a date to be determined by the Government no later than 3 months after the date of termination or termination
(a) a residence permit for temporary protection granted to him by the Czech Republic; or
(b) international protection granted to him by the Czech Republic in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops.
(13) At the time when the Ministry of the Interior provides for assisted voluntary return of foreigners under this Act, paragraph 11 shall also apply to requests for voluntary return under Section 54a of the Asylum Act submitted by nationals of Ukraine, foreigners requesting voluntary return to Ukraine or seeking voluntary return if they are present in the territory of the Czech Republic in connection with an armed conflict in the territory of Ukraine caused by the invasion of Russian Federation troops. '
Paragraph 12 shall become paragraph 14.
14. In the first sentence of Paragraph 6b (2), the words "unless otherwise specified, 'shall be replaced by" 90'.
15. in Article 6b, paragraph 3 is deleted;
Paragraphs 4 to 7 shall be renumbered paragraphs 3 to 6.
16. In the second sentence of Paragraph 6b (5), the words "which are provided free of charge," shall be deleted.
17. in Article 6d (1), at the end of point (b), comma shall be replaced by "a."
18. in Paragraph 6d (1), at the end of (c), the word "a" shall be replaced by a dot and point (d) shall be deleted;
19. In Paragraph 6d (2), first sentence, "4 'is replaced by" 3'.
20. In Paragraph 6d, the following sentence is added at the end of paragraph 5: "For the purposes of claiming a flat-rate refund for accommodation for a calendar month, the relevant indication of the grant of a humanitarian benefit to a vulnerable person for the calendar month preceding the calendar month to which the entitlement is claimed is the relevant figure. Where entitlement to a humanitarian benefit has not been decided on for that calendar month, the figure for the calendar month preceding that month shall be used. ';
21. in Article 6d, paragraph 5 is deleted;
22. in Article 7 (1), "30" is replaced by "60."
Article 23 (7a) shall be deleted, including the title.
24. in Paragraph 7b (1):
"(1) If temporary protection has not been terminated at European Union level and the Council of the European Union has also decided to extend it, the residence of a stranger who was granted or extended temporary protection in the Czech Republic in 2022 or 2023, from 1 April 2024 to 30 September 2024 shall be deemed to be a residence for temporary protection if the alien has registered to extend it until 15 March 2024 in accordance with paragraph 3. ';
25. in § 7b (2), § 7b (8) second sentence, § 7c (1) and in § 7f (1) first sentence, "2023" is replaced by "2024."
26. in Paragraph 7b (3), the sentence "For a child under 15 years of age, the registration of his legal representative or the person entitled to act for that child shall be inserted after the sentence of the second sentence, and the words" in the form of a visa sticker "shall be added at the end of the last sentence.
27. in Article 7b (5):
"(5) When the visa sticker is marked, the alien is obliged to provide proof of accommodation in accordance with § 6 (1), otherwise the visa sticker shall not be marked; the obligation to provide proof of accommodation does not apply if it is a stranger who has been granted accommodation by a crisis management authority or who has been granted accommodation pursuant to § 6b and is still in that place. '
28. in Article 7b (6), "18" is replaced by "15."
29. in the first sentence of Article 7b (8), "31 March 2023" shall be replaced by "15 March 2024" and "on that date" shall be replaced by "31 March 2024."
30. in Article 7g (1), "31 March 2023" is replaced by "15 March 2024."
31. in Paragraph 9 (2):
"(2) Paragraphs 1 to 5a (1), 5 (3) to 6 (10) and 6 (14) to 8 shall expire on 31 March 2025."
Transitional provisions
1. The proof of accommodation submitted by a stranger to the competent authority under Act No. 65 / 2022 Coll., as amended, before the date of entry into force of this Act shall be considered as proof of accommodation under Section 6 (1) of Act No. 65 / 2022 Coll., as effective from the date of entry into force of the Act.
2. If the Government sets the rules for assisted voluntary return pursuant to Article 6 (11) of Act No. 65 / 2022 Coll., as effective from the date of entry into force of this Act, until 31 March 2024, the deadline for the submission of applications pursuant to Article 6 (12) of the Act No. 65 / 2022 Coll., as effective from the date of entry into force of the Act, shall not expire until 1 April 2024.
3. Paragraph 6 (13) of Act No. 65 / 2022 Coll., as effective from the date of entry into force of this Act, shall apply from the date of the start of the provision of the assisted voluntary return pursuant to Article 6 (11) of Act No. 65 / 2022 Coll., as effective from the date of entry into force of this Act, only to a request for voluntary return on the basis of which the costs of voluntary return were not incurred on that date.
4. In the case of a national of Ukraine who is an insured under the Public Health Insurance Act and who provides proof to the health insurance company that he has travelled to Ukraine before the date of entry into force of this Act, the provisions of § 7a of Act No. 65 / 2022 Coll., as effective before the date of entry into force of this Act, shall apply.
5. If, between 1 July 2023 and 30 September 2023, accommodation has been provided free of charge to the person referred to in Article 6b (1) (a) or (e) (1) (6) of Act No 66 / 2022 Coll., on employment and social security measures related to armed conflict in the territory of Ukraine caused by the invasion of Russian troops, as amended by Act No 75 / 2023 Coll., for a period exceeding 150 days, it has been granted in accordance with Article 6b (3) of Act No 65 / 2022 Coll., on certain measures related to armed conflict in the territory of Ukraine caused by the invasion of Russian forces, as amended by Act No 75 / 2023 Coll.
6. A person who, on 31 August 2024, used the accommodation provided for in Section 6b of Act No. 65 / 2022 Coll., as effective before the date of entry into force of this Act, the period during which the accommodation was used shall be counted against 90 days of free accommodation provided for in Section 6b (2) of the Act No. 65 / 2022 Coll., as effective from the date of entry into force of the Act.
Amendment of the Act on the residence of foreigners in the Czech Republic
Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 15 / 2011, Act No. 13 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 13 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 13 / 2011, Act No. 15 / 2011, Act No. 13 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 13 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15 / 2011, Act No. 15, Act.
1. in Article 123a (1) (c), including footnote 69,
"(c) a period has been set for voluntary departure from the territories of the Member States of the European Union, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation, as specified in the alert under the directly applicable European Union69); or
69) Regulation (EU) 2018 / 1860 of the European Parliament and of the Council, as amended. ';
2. in Article 123a (1) (d), the word "exercise" shall be replaced by the word "carried out" and the words "or, at the end of the text of the letter, after the time limit for submission of a voluntary return application has expired in accordance with another legislation," shall be added.
3. Paragraph 123a (3) is deleted.
Paragraphs 4 and 5 shall be renumbered paragraphs 3 and 4.
4. In Article 123a (3), the words "The application 'are replaced by the words" the application' and the words "the decision 'are replaced by the words" the assessment'.
Transitional provision
The request for reimbursement of the costs of voluntary return submitted before the date of entry into force of this Act shall be examined in accordance with Section 123a of Act No. 326 / 1999 Coll., as effective from the date of entry into force of this Act.
Change of aid law in material emergency
In the second sentence of Section 5 (3) of Act No. 111 / 2006 Coll., on aid in material distress, as amended by Act No. 379 / 2007 Coll., Act No. 427 / 2010 Coll. and Act No. 366 / 2011 Coll., the words "Paragraph 2 (4) (b) or" shall be inserted after the word "under '.
Amendment of the Act on Employment and Social Security Measures in the context of armed conflict in the territory of Ukraine caused by the invasion of Russian troops
Law No 66 / 2022 Coll., on measures in the field of employment and social security in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops, as amended by Act No 175 / 2022 Coll., Act No 198 / 2022 Coll. and Act No 75 / 2023 Coll., is amended as follows:
1. In the first sentence of Article 6 (2), the words "and emergency immediate assistance under the Act on aid in material distress' shall be inserted after the words" from 'and the words "from' shall be replaced by the words" from the fund of funds, association, from the Asylum, Migration and Integration Fund or from '.
2. In Article 6 (5), the words "housing costs and" shall be inserted after the word "exception."
3. In Article 6b (6), the words "the amount of the levy fixed in accordance with paragraph 4 'are replaced by the words" twice the amount of the levy referred to in paragraph 1' and the words "the amount of the levy fixed in accordance with paragraph 5 'are replaced by the words" the sum of the doubles of their respective amounts of the levy referred to in paragraph 1'.
Amendment to the Act on Education Measures in the context of Armed Conflict on the territory of Ukraine by Invasion of Russian Federation troops
Act No 67 / 2022 Coll., on measures in the field of education in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops, as amended by Act No 175 / 2022 Coll., Act No 199 / 2022 Coll. and Act No 20 / 2023 Coll., is amended as follows:
1. In Paragraph 2 (1), the word "without delay 'is replaced by" within 5 days'.
2. Paragraph 2 (5) and (6) are deleted.
3. In the first sentence of Paragraph 3, the words "which enjoy temporary protection pursuant to Paragraph 1 (1) for a period of less than 12 months' shall be inserted after the word" alien '.
4. Article 3a shall be deleted, including the title.
5. In Article 4 (1) and (2), the words "which benefit from temporary protection pursuant to Article 1 (1) for a period of less than 12 months' shall be inserted after the word" alien '.
6. Article 6 shall be deleted, including the title.
7. In Article 8 (1), the words "in the case of a stranger enjoying temporary protection pursuant to Article 1 (1) for a period of less than 12 months," shall be inserted at the beginning of point (a).
8. In Articles 9 (1) to (3), the words "which enjoy temporary protection under Article 1 (1) for a period of less than 12 months' shall be inserted after the word" Alien '.
9. In Paragraph 10 (2), "2024 'is replaced by" 2025';
Amendment to Act No. 20 / 2023 Coll.
In Part Four, Article V (2) of Act No. 20 / 2023 Coll., amending Act No. 65 / 2022 Coll., on certain measures relating to armed conflict in Ukraine caused by the invasion of Russian troops, as amended, and other related laws, the number "2024 'is replaced by" 2025'.
Amendment to Act No. 75 / 2023 Coll.
Act No. 75 / 2023 Coll., amending Act No. 66 / 2022 Coll., on measures in the field of employment and social security in connection with armed conflict in Ukraine caused by the invasion of Russian troops, as amended, and other related laws, shall be amended as follows:
1. in Part Two, Article III, point 2 is deleted;
2. In Part Six, Article IX (1), the word "and 'shall be added at the end of point (a).
3. in Part 6, Article IX (1) (b), the word "and 'is replaced by the dot and point (c) is deleted;
4. In Part Six, Article IX (2), "2024 'is replaced by" 2025'.
Amendment to Act No. 173 / 2023 Coll.
In Part Two, Article III, point 76 of Act No. 173 / 2023 Coll., amending Act No. 325 / 1999 Coll., on Asylum, as amended, Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended, and other related laws with regard to Section 48 (1) of the Introductory Part of the provision, the words "shall be inserted as" unless the reimbursement of health services can be otherwise ensured, ";
EFFECTIVE
This Law shall take effect on 1 January 2024, except:
(a) Part Eight, which shall take effect on 31 December 2023; and
(b) The Commission shall adopt implementing acts laying down detailed rules for the implementation of this Regulation.
Pekarová Adamová v. r.
Pavel v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 454 / 2023 Coll., amending Act No. 65 / 2022 Coll., on certain measures relating to armed conflict in Ukraine caused by the invasion of Russian troops, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.12.2023 |
|---|---|
| Effective from | 01.01.2024 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 543
The regulation text is for informational purposes only.
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