What is Act No. 47 / 2016 Coll.?

Act No. 47 / 2016 Coll., amending Act No. 585 / 2004 Coll., on the Defence Obligations and Its Assurance (Defense Act), as amended, and other related laws — Act amending Act No. 585 / 2004 Coll., on the Defence Obligations and Its Assurance (Defense Act), as amended, and other related laws.

When it became Act No. 47 / 2016 Coll. effectiveness?

Act No. 47 / 2016 Coll. became effective 01.07.2016.

Is Act No. 47 / 2016 Coll. still valid?

Yes, Act No. 47 / 2016 Coll. is still valid and effective.

Act No. 47 / 2016 Coll.

Act amending Act No. 585 / 2004 Coll., on the Defence Obligations and Its Assurance (Defense Act), as amended, and other related laws

Valid Effective from 01.07.2016

ČÁST PRVNÍ Čl. I „§ 2 § 3 „§ 5a „§ 7 „§ 12 „§ 12a „§ 14a „§ 18 „§ 21a „§ 22a „§ 23 „§ 25 „§ 26 § 27 „§ 29a „§ 30a „§ 31 „§ 31a § 31b § 31c „§ 32 „§ 33 „§ 33a § 33b § 33c § 33d § 33e „ČÁST JEDENÁCTÁ § 34a „ČÁST DVANÁCTÁ § 35 § 35a § 35b § 35c § 35d § 35e § 35f „§ 38 „§ 38a Čl. II ČÁST DRUHÁ Čl. III „HLAVA I § 64 § 65 § 66 § 67 § 68 § 68a „ČÁST JEDENÁCTÁ § 72a § 72b § 72c ČÁST TŘETÍ Čl. IV ČÁST ČTVRTÁ Čl. V ČÁST PÁTÁ Čl. VI ČÁST ŠESTÁ Čl. VII ČÁST SEDMÁ Čl. VIII ČÁST OSMÁ Čl. IX ČÁST DEVÁTÁ Čl. X ČÁST DESÁTÁ Čl. XI ČÁST JEDENÁCTÁ Čl. XII ČÁST DVANÁCTÁ Čl. XIII ČÁST TŘINÁCTÁ Čl. XIV ČÁST ČTRNÁCTÁ Čl. XV ČÁST PATNÁCTÁ Čl. XVI ČÁST ŠESTNÁCTÁ Čl. XVII ČÁST SEDMNÁCTÁ Čl. XVIII

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THE LAW

of 13 January 2016

amending Act No. 585 / 2004 Coll., on the Defence Obligations and its Assurance (Defense Act), as amended, and other related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Defence Act

Čl. I

Act No. 585 / 2004 Coll., on the Defence Obligations and Its Assurance (Defense Act), as amended by Act No. 112 / 2006 Coll., Act No. 318 / 2006 Coll., Act No. 227 / 2009 Coll., Act No. 375 / 2011 Coll. and Act No. 320 / 2015 Coll., is amended as follows:

1. Paragraph 1 (2) reads as follows:

"(2) A military active service outside a state of danger or outside a state of war shall be the service of an occupational soldier in a service relationship under the Professional Soldier Act, the preparation of a soldier to perform the tasks of the armed forces or the service of an operational soldier. ';

2. Paragraph 1 (4) reads as follows:

"(4) A citizen becomes a soldier on the day of the acquisition of legal power to decide on the citizen's ability to perform a military active service. '

3. In Article 1, paragraphs 5 to 8 are added:

"(5) A soldier who carries out a military active duty pursuant to paragraph 2 or 3 shall be a soldier in active duty.

(6) The soldier is obliged to board and perform the military duty in a timely manner.

(7) For the replenishment of the armed forces, an advance of the armed forces (hereinafter referred to as the "advance '), part of which is an active advance created pursuant to § 5.

(8) A soldier who does not perform military active duty and has a military duty is a soldier in reserve. A soldier in reserve shall be predetermined to complete the armed forces according to the needs of the armed forces. ';

Article 4 (2) and (3), including the headings, read:

„§ 2

Establishment of a defence obligation

(1) A legal obligation shall arise for a citizen from the date on which he reaches the age of 18.

(2) A person over the age of 18 who has acquired citizenship of the Czech Republic is under a professional obligation from the date of acquisition of citizenship.

§ 3

Voluntary takeover of a military obligation

(1) A citizen who, pursuant to Article 7, has ceased to have a military obligation, or a foreigner may voluntarily assume a military obligation, not earlier than the date on which he reaches the age of 18, but not later than the date of 60 years, following a written request from the competent Regional Military Command. A citizen or a stranger shall also indicate in the application, in addition to the general requirements of the administrative procedure, the birth number or the date of birth if the birth number has not been assigned to him.

(2) The voluntary takeover of a military obligation is subject to a decision on the ability of a citizen to carry out an active military service issued in a levy procedure and the need to complement the armed forces.

(3) The provisions of this Act concerning a citizen shall apply mutatis mutandis to a foreigner who has voluntarily assumed a military obligation, unless otherwise provided for in that law. Where the law requires the citizen to give his birth number, the alien shall indicate his birth date if the birth number has not been assigned to him. '

5. In Article 4 (1), the words "or soldier in compulsory reserve 'shall be deleted and the words" name, surname, birth number and address of the place of permanent residence' shall be replaced by the words ", in addition to the general requirements of the administrative procedure, the birth number '.

6. Paragraph 4 (2) reads as follows:

"(2) The conditions for the profession of a citizen in the service of an occupational soldier are:

(a) the ability of a citizen to perform military active duty;

(b) the need for armed forces;

(c) the citizen's written consent to be placed under an active reserve, within two years of the date of termination of the professional soldier's service, as required by the armed forces; and

(d) compliance with the conditions laid down in the Professional Soldiers Act. ';

7. In Article 4, the following paragraph 3 is added:

"(3) The ability of a citizen to perform an active military service shall be decided by the Regional Military Command on the basis of a medical assessment of the medical fitness for a military active service by a military health service provider. This decision shall be deemed to be a decision given in a levy procedure. '

8. In Paragraph 5 (1), the words "or soldier in compulsory reserve 'shall be deleted; the words" day after date' shall be replaced by the words "first of all 'and the words" first of all' and the words "first of all, the name, surname, birth number and address of the place of residence 'shall be replaced by the words", in addition to the general requirements of the administrative procedure, also the birth number and the address for service under the administrative order'.

9. In Paragraph 5 (2), the words "or a soldier in compulsory reserve 'are deleted; the words" the conclusion of an agreement on inclusion in an active advance' are replaced by the words "compliance with the conditions of the reserve service law 'and the number" 2' is replaced by "3 '.

10.Paragraph 5 (3) reads as follows:

"(3) He shall place a soldier at Regional Military Command under active reserve by decision for a maximum period of 3 years. '.

11. in Article 5, the following paragraph 4 is added:

"(4) The Regional Military Command may, if necessary, place an ex-professional soldier in active reserve, no later than 2 years after the end of his duty as an professional soldier. '

12. The following Section 5a is inserted after Section 5:

„§ 5a

(1) A citizen outside a state of danger or outside a state of war may voluntarily take over the performance of a military obligation if he requests to participate in a military exercise. A written request may not be made before the date on which it reaches the age of 18 to the competent Regional Military Command. In addition to the general requirements of the administrative procedure, the citizen shall also indicate the birth number and the address for service under the administrative order.

(2) The condition of participation in military training is the medical fitness of the citizen and the need for armed forces. Decisions on the ability of a citizen to carry out an active military service shall be taken mutatis mutandis in accordance with Paragraph 4 (3). A citizen who has been determined to be in a position to carry out a military duty shall be obliged to carry out a military exercise on the basis of the conditions laid down in Paragraph 12 (6).

(3) A soldier is called upon to engage in military training if:

(a) its criminal integrity is established; for the purpose of proving the criminal integrity of a soldier, the Regional Military Command shall request, in accordance with the Penal Register Act, a record of the Penal Register; an application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form, in a manner enabling remote access,

(b) does not support, promote or sympathise with a movement which is demonstrably directed towards the suppression of the rights and freedoms of man, or declares a national, religious or racial hatred or hatred against another group of persons. "

13. in Article 6 (1) (a), the word "surrender" is replaced by "acquisition of legal authority."

14. In Paragraph 6, the dot is replaced by a semicolon at the end of paragraph 1 and the final part of the provision is added, which reads: "a soldier who refuses to perform an emergency service shall cease to have a defence obligation."

15. in Paragraph 6 (2), the words "the address of the soldier's permanent residence" shall be replaced by the words "the address of the soldier's residence and the address of service in accordance with the administrative rules; the signature on the declaration must be officially certified '.

16. in Article 6 (3), the word "justified" shall be deleted; after the word "declaration" the words "soldier in advance," the word "submission" shall be replaced by the word "service," the word "permanent" shall be deleted; and at the end of the paragraph the sentence "Regional Military Command shall enter the information on the refusal to perform an extraordinary service into the military record of the information kept on the soldier in reserve, which has made the declaration of refusal."

17. in Article 6 (4), the words "soldier in advance" shall be replaced by the words "citizen," after the words "who" shall be inserted the words "soldier in advance," after the words "subject" shall be inserted the words "state or state of war," and the words "special legislature.3) shall be replaced by the words" law on defence of the Czech Republic. "

footnote 3 is deleted.

18. The group title above the designation § 7 is deleted.

19.

„§ 7

Termination of a defence obligation

The binding obligation shall cease to exist.

(a) the date on which the decision by which a citizen becomes unable to perform an active military service becomes final;

(b) on the date on which the decision on which the citizen's incapacity was restricted by the judgment of the Court of First Instance became final;

(d) to a soldier in reserve on the date on which the declaration was received by the competent Regional Military Command to which he refused to perform exceptional service on grounds of conscience or religion; or

(e) the date on which the soldier reached the age of 60, unless the following exceptions are applicable:

1. a soldier over the age of 60 who carries out an emergency service has a military obligation until his release from the emergency service;

2. a professional soldier over 60 years of age has a military obligation until the date of his release from service under the Professional Soldiers Act; or

3. an active reserve soldier over 60 years of age has a protective duty until the day of removal from the active reserve. "

20. Paragraph 8 shall be deleted, including the group title above the title.

21. in Paragraph 9 (2), the word "permanent" shall be deleted;

22. in Article 9 (4), the word "listed" shall be replaced by "established" and the words "No 1" shall be inserted after the word "Annex."

23.

„§ 12

Preparation of a soldier in reserve to perform the tasks of the armed forces

(1) The preparation of a soldier in reserve to carry out the tasks of the armed forces is his military training carried out in the form of military exercises. The course of military exercises can be decomposed into integrated blocks.

(2) Military training is

(a) regular military exercises which are the preparation of an active soldier; or

(b) voluntary military training, which is the voluntary training of a soldier in reserve.

(3) An active reserve soldier performs regular military exercises in the first year of his or her inclusion in an active advance of up to 12 weeks' overall duration and in subsequent years for a total duration of up to 4 weeks in a calendar year, taking into account its planned classification, level of training and training.

(4) An active reserve soldier shall perform regular military exercises of a total duration of up to 12 weeks in preparation for operational deployment.

(5) A former professional soldier placed in an active reserve shall carry out regular military exercises of a total duration of up to 3 weeks in a calendar year according to the needs of the State's defence, taking into account the level of its training and training.

(6) A back-up soldier may ask the Regional Military Command to pursue a voluntary military exercise. In addition to the general requirements of the administrative procedure, the application shall also indicate the birth number. Voluntary military exercises are carried out in total length up to 12 weeks in a calendar year. The request shall be decided by the Regional Military Command according to the needs of the State's defence. If a soldier's application for voluntary military training is granted, he shall be called up no later than 2 years after the date of application. Proposals of a back-up soldier mentioned in the request to determine the duration of the military exercise shall not be taken into account when deciding on the request. ';

24. The following Section 12a is inserted after Section 12:

„§ 12a

Operating service

(1) An active reserve soldier shall operate in an operational capacity according to the needs of the armed forces, up to 7 months in a calendar year.

(a) in the territory of the Czech Republic; or

(b) outside the territory of the Czech Republic, provided that such a service is given a demonstrable consent.

(2) A reserve soldier may be called to service in an operational deployment on the territory of the Czech Republic for a total period of up to 30 days in a calendar year if rescue work is required in natural disasters or in other serious situations threatening the lives, health, environment or significant property values. "

25. In Section 13, the words "for exceptional military exercises and the taking-up of their performance 'are replaced by the words" for operational use'.

26. in Paragraph 13 (1):

"(1) The Regional Military Command will call for military training or for service in the operational deployment of a soldier in reserve with a call order. The order shall be delivered as a postal consignment to its own hands at least 30 days before the date of entry into service of the military training or in operational use. In order to enter into service in the operational deployment to secure rescue work or in other serious situations threatening the lives, health, environment or significant property value or to perform tasks arising from the international legal obligations of the Czech Republic, a soldier may be called up earlier."

27. in Paragraph 13 (2), the words "exceptional military training" shall be replaced by the words "operational services," after the words "submit," the words "military book or military card" shall be inserted, and after the words "medical card," the words "carry the card of the insured person."

28. In Article 13 (3), the words "to commence the exercise of military training or service in operational deployment 'shall be inserted after the words" to the military department'.

29. in Paragraph 13 (4), the words "exceptional military training" are replaced by the words "operational service."

30. Paragraph 13 (5) reads:

"(5) An active reserve soldier who carries out an active military service shall be transferred to the service in an operational capacity on the basis of a decision of the service authority.";

footnote 5 is deleted, including the footnote references.

31. In Section 14, the words "exceptional military training 'are replaced by the words" operational services'.

32. in Paragraph 14 (1):

"(1) A soldier shall be released from the exercise of military training or duty in operational deployment

(a) after carrying out a military exercise or service in operational deployment of a specified length;

(b) for which a military physician finds a disease or accident for which a soldier is unable to exercise or operate in an operational capacity;

(d) on the date on which the sentence of house arrest is enforced, the sentence of imprisonment, the performance of security detention or constitutional protection; or

(e) after discharge of the service under the reserve service law. ';

33. in Paragraph 14 (2), the words "exceptional military training" shall be replaced by the words "operational services" and the words "service authority" may be replaced by the words "applicable."

34. In Paragraph 14 (3), the words "exceptional military training 'are replaced by the words" operational services'.

35. The following Section 14a is inserted after Section 14, including the title and footnotes 13 and 14:

„§ 14a

Deferral of military training

(1) A soldier in reserve who cannot, for serious reasons, interrupt the performance of his / her professional, service, business or study duties, or, where special consideration is required, may be granted for his / her written request to postpone the exercise of military exercises.

(2) The reasons referred to in paragraph 25 and, in particular,

(a) death, serious illness or severe injury to a person close to13),

(b) exceptional occurrences (14) affecting a soldier in reserve or a person close to the13); or

(3) A reasoned request for the postponement of military training shall be submitted to the appropriate Regional Military Command prior to the commencement of military training.

(4) The postponement of military training is decided by the Regional Military Command.

(5) If the reasons for which the postponement of a military exercise has been authorised are omitted, the postponement of the military exercise is no longer allowed.

(6) On the date of expiry of the period for which the decision to authorise a deferral has been given, a new occupation of a soldier shall be decided in advance for the pursuit of military training.

13) § 22 (1) of Act No. 89 / 2012 Coll., Civil Code.

14) For example, Sections 39 and 57 of Act No. 187 / 2006 Coll., on sickness insurance, as amended, Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. '

36. in Article 15 (1), the words "on an exceptional military exercise or" shall be replaced by the words "a soldier who performs an operational duty or who is."

37. in Article 15 (2), the words "issued by Regional Military Command" shall be inserted after the words "issued by Regional Military Command"; the words "public" shall be replaced by the words "mobilising" and the words "issued by Regional Military Command or by a mobilization call" shall be replaced by the words "pursuant to Article 23 (3)."

38. In Article 15 (3), the word "delivered 'is replaced by" delivered', the word "delivered 'is replaced by" delivered', the words "public 'are replaced by" in mobilising' and the words "or in mobilising 'are deleted.

39. in Paragraph 16 (2), the word "acquisition" shall be inserted at the beginning of point (a).

40. In Article 16 (2) (c):

"(c) the entry into force of a sentence of house arrest, the execution of a sentence of imprisonment, the execution of a security detention or constitutional protection treatment, or"

41. In Article 16, the following paragraph 3 is added:

"(3) A pregnant soldier shall be released from the service within 5 working days of notification and proof of pregnancy to the service authority. ';

42. In Paragraph 17 (2) (a), the word "Ministry" shall be replaced by the words "Ministry of Defence (" Ministry ")," after the words "intelligence services of the Czech Republic," the words "Czech National Bank," and the word "self-government" shall be replaced by "local authorities."

43.Paragraph 17 (3) reads as follows:

"(3) An application for exemption from extraordinary service shall be made by a self-employed person, an employer for his staff member or an authority of the local authority, after consultation with the employer of the reserve soldier. The request may be made prior to the declaration of a state of emergency, a state of threat or a state of war with the Regional Military Command according to the location of the soldier in reserve. The employer may require his staff member to submit a military document or decide on his / her ability to carry out an active military service in order to establish the data necessary for the submission of the application and may keep a record of such data. The staff member shall comply with this requirement. There is no legal right to discharge of the extraordinary service. '

44. in Paragraph 17 (6), the last sentence is deleted;

45. The heading of Part Five shall read: "RECURRENCE PROCEDURE."

46. Paragraph 18, including the title, reads:

„§ 18

Water management content

(1) In the case of a levy procedure, the citizen's ability to perform military active duty shall be decided.

(2) The Government, in accordance with the needs of the armed forces, lays down, by regulation, the number of citizens required to undergo a levy procedure, according to the year of their birth or their professional qualifications, and the date of commencement of the withdrawal procedure.

(3) The Regional Military Command, in a state of state or state of war, will call upon the citizen to carry out the administration on the basis of a government order. "

47. In Article 19, the following paragraph 1 is added:

"(1) The Regional Military Command shall, after the date of the opening of the procedure referred to in Article 18 (2), deliver to the citizen designated as a participant a questionnaire for the purpose of the procedure for obtaining basic information on the citizen. ';

Paragraphs 1 to 5 shall be renumbered paragraphs 2 to 6.

48. In the first sentence of Paragraph 19 (2), the words "sent to him by the competent Regional Military Command 'shall be replaced by the words" referred to in paragraph 1', the words "medical7 'shall be replaced by the words" medicine or practical medicine for children and adolescents', the word "delivery 'shall be replaced by the word" delivery', the words "to the Regional Military Command 'shall be added at the end of the text of paragraph 1, and the words" or guardian' shall be added.

footnote 7 is deleted.

49. In Article 19 (3), the words "academic title," "surname," shall be inserted after the words "surname," "birth number," the words "place of birth," the words "permanent" shall be deleted, the words "residence," the words "address for service according to the administrative order," and the words "spouse or mate (spouse)" shall be replaced by the words "spouse, partner or registered partner."

50. in Article 20 (1) and (2):

"(1) The Board of Appeal shall be set up after the date of the procedure provided for in Paragraph 18 (2). The seat of the Commission shall be that of the Regional Military Command. The territorial scope of the point of departure shall be the same as that of the relevant regional military headquarters.

(2) The Board of Appeal is four members. The President shall be the Director of the Regional Military Command or a designated representative of the Regional Military Command. The members of the Board of Appeal shall be a representative of the municipal office of the municipality with extended competence designated by the mayor or the person in charge of the exercise of his authority and two civilian doctors. ';

51. In Paragraph 20, the following paragraph 3 is inserted after paragraph 2:

"(3) The Director of the Regional Military Command shall appoint the members of the Board of Appeal."

Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.

52. In the second sentence of Paragraph 21 (1), the word "delivered 'is replaced by the word" delivered' and the words "no later than 30 days before the withdrawal procedure 'are added at the end of the sentence.

53. In Paragraph 21 (5), the fourth sentence is replaced by the sentence "The decision may be appealed to the higher commission."

54. in Article 21 (6), the last sentence is deleted;

55. in Article 21 (7), the words "after consultation with the Ministry of Health shall be amended by implementing legislation" shall be replaced by the words "by decree."

56. After Paragraph 21, the following Section 21a is inserted:

„§ 21a

Higher Input Commission

(1) The higher recruitment commission is the senior administrative body of the commission and regional military headquarters in the procedures provided for in Section 4 (3).

(2) A higher commission is set up with the Ministry. At least three members shall be appointed by the higher commission. A member of the higher board is a military doctor and a person with a university degree in a master's law study programme. The higher commission shall be appointed by the Ministry.

(3) Paragraph 90 (1) (b) of the Administrative Regulation shall not apply to proceedings before a higher commission.

(4) The citizen applies for a renewal of the proceedings in which the Board of Appeal or the Senior Board of Appeal has decided on a higher commission. The competent authority shall decide on the resumption of such proceedings and the resumption of the proceedings shall be the higher commission. ';

57. At the end of § 22, the words "and 3 'are added.

58. The following Section 22a is inserted after Section 22:

„§ 22a

Selection of armed forces

After the state of emergency has been declared, the Ministry may order a selective addition to the designated military services by the profession of designated troops in advance for extraordinary service as required by the armed forces. '.

59. Paragraph 23, including the title, reads:

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Regulation Information

Citation	Act No. 47 / 2016 Coll., amending Act No. 585 / 2004 Coll., on the Defence Obligations and Its Assurance (Defense Act), as amended, and other related laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	05.02.2016
Effective from	01.07.2016
Effective until	-
Status	Valid

The regulation text is for informational purposes only.