Constitutional Law No. 496 / 1990 Coll.
Constitutional Act on the Recovery of Assets of the Czechoslovak Communist Party of the People of the Czech and Slovak Federal Republic
Valid
Effective from 01.01.1991
496
CONSTRUCTION LAW
of 16 November 1990
on the recovery of the assets of the Communist Party of Czechoslovakia of the people of the Czech and Slovak Federal Republic
After the takeover of power in 1948, the Communist Party of Czechoslovakia considered the State its own ownership and treated the property of all the people as its own. To partially eliminate the consequences of this condition, the Federal Assembly decided as follows:
(1) The Communist Party of the Czech Republic and Moravia, the Communist Party of Slovakia - Democratic Left Party and the Communist Party of Czechoslovakia, their bodies and organizational units are required to issue to the State within 30 days of the date of application of this constitutional law - the Czech and Slovak Federal Republic of real estate and movable goods, the funds and property rights held by the former Communist Party of Czechoslovakia on 31 December 1989. In the case of real estate, it is registered as the owner of the Czech and Slovak Federal Republic from the effectiveness of this constitutional law.
(2) The provisions of paragraph 1 shall not apply to movable goods forming part of office equipment and similar equipment, the cost of which was not higher than 5000 CZK.
(3) If the matters and property rights referred to in paragraph 1 are not held by the political parties referred to in paragraph 1 or by their authorities and organisational bodies, those political parties shall, within 30 days of the date of application of this constitutional law of the State - the Czech and Slovak Federal Republic, by a cash amount corresponding to the price of those items or property rights on 31 December 1989, unless the matters or property rights have already been issued to the State before the date of application of this constitutional law.
(4) Paragraph 3 shall not apply to cases, funds and property rights which have been transferred free of charge to the property of other persons authorised by the Federal Ministry of Finance. 1)
The companies and economic facilities of the Communist Party of Bohemia and Moravia, the Communist Party of Slovakia - the Democratic Left Party and the Communist Party of Czechoslovakia (2) pass the date of application of this Constitutional Act without compensation into the ownership of the State - the Czech and Slovak Federal Republic.
(1) The Archives (3), owned by the political parties referred to in Article 1 (1), shall pass the date of application of this Constitutional Act without compensation to the State - the Czech and Slovak Federal Republic, whether stored in their own archives or elsewhere.
(2) Other written, pictorial, sound and other records, which arose from the activities of the former Communist Party of Czechoslovakia until 30 November 1989, which are related to its activities at this time or have reached it at this time and which are owned by the political parties referred to in Paragraph 1 (1), are transferred from the date of application of this Constitutional Act without compensation to the State - Czech and Slovak Federal Republic.
(3) The political parties referred to in Article 1 (1), their authorities and the organisational bodies are required to transmit the archives referred to in paragraph 1 and the records referred to in paragraph 2 within 30 days of the application of this constitutional law.
a) The Central Archive of the State in Prague, in so far as it concerns the activities of the Central Committee of the former Communist Party of Czechoslovakia,
(b) the National Central Archive of the Slovak Republic, as regards the activities of the Central Committee of the Communist Party of Slovakia,
(c) the relevant national regional archive, concerning the activities of the authorities, organisations and organisational bodies of the former Communist Party of Czechoslovakia (Communist Party of Slovakia) operating in the territorial district of the national regional archive.
The Government of the Czech and Slovak Federal Republic shall, in agreement with the Government of the Czech Republic and the Government of the Slovak Republic, adjust the details and procedure for the implementation of this Constitutional Act.
As from the date of application of this constitutional law, the political parties referred to in Paragraph 1 (1) shall not be subject to the legal measures of Bureau of the Federal Assembly No 177 / 1990 Coll., on certain measures concerning the assets of political parties, political movements and social organisations, as amended.
This Constitutional Law does not apply to state-owned immovable property which, under the Economic Agreement, has been handed over free of charge to the Communist Party of Czechoslovakia for permanent using.4)
This constitutional law shall take effect on 1 January 1991.
Havel v. r.
Dubček v. r.
CHF
1) Paragraph 1 (4) of the statutory measure of the Bureau of the Federal Assembly No 177 / 1990 Coll., on certain measures concerning the assets of political parties, political movements and social organisations, as amended.
2) Paragraph 102 of the Economic Code (full text published under No 80 / 1989 Coll.). Section 7 of Act No. 15 / 1990 Coll., on Political Parties.
3) Act of the Czech National Council No. 97 / 1974 Coll., on archiving. Act of the Slovak National Council No. 149 / 1975 Coll., on archiving.
4) Paragraph 70 of the Economic Code (full text published under No 80 / 1989 Coll.). Decree of the Government of the Czech and Slovak Federal Republic No. 212 / 1990 Coll., on the withdrawal of immovable property of the State in the permanent use of the Communist Party of Czechoslovakia.
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Regulation Information
| Citation | Constitutional Act No. 496 / 1990 Coll., on the Recovery of the Assets of the Communist Party of Czechoslovakia of the People of the Czech and Slovak Federal Republic |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.12.1990 |
|---|---|
| Effective from | 01.01.1991 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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