Decret No. 54 / 1945 Coll.
Decret of the President of the Republic on the registration and detection of war and war damage caused by exceptional circumstances
Valid
Effective from 08.09.1945
54.
Decret of the President of the Republic
of 31 August 1945
on the registration and detection of war damage and damage caused by exceptional circumstances.
On the proposal of the Government,
(1) According to this decree, the damage suffered by Czechoslovak nationals in the Czech and Moravian-Silesian States or abroad in life, body or health (by killing, imprisonment, internalisation, deportation, mismanagement and under.) or by alienation, introduction outside the national territory, prevention, destruction, damage or other loss of movable or immovable property or by other means (for earnings, pensions and others) are investigated and detected.
(a) by any act of war or other measure of war by any Party, its fighting forces or members;
(b) temporary occupation of the territory of the Republic of Czechoslovakia by the authorities of the occupying States or by the authorities acting on their orders, by persecution for reasons of political, national or racial reasons; or
(c) terrorist acts by the organisation of a state of hostile or persons of public danger.
(2) Under the same conditions, the investigation and detection of damages caused by legal persons or other sets of persons and property whose headquarters is in the district of the Czech or Moravian-Silesian countries are also carried out.
(1) When assessing the damage, it is looked at the damage actually caused and caused by the facts referred to in § 1 (1).
(2) The damage to property shall, as a general rule, be valued at the cost of the case on the effective date of that decree; If property damage is not established in this way, it is to take a general price as a basis at the time when the damage was done.
(3) As a general rule, for the assessment of other damage, the standard amount of the legal entitlement to compensation shall be in such a case or similar, in accordance with the rules in force on the date of application of this decree.
(4) Detailed guidelines for assessing such damage shall be issued by the Ministry of the Interior in agreement with the participating ministries.
(1) The inventory and the investigation of damage are carried out by district national committees.
(2) Within 10 days of the expiry of the time limit referred to in Article 6 (3), the District National Committee responsible under Paragraph 6 (2) shall submit to the Statistical Office one copy of the applications submitted to it following the necessary preliminary examination in accordance with the Directives of the Ministry of Interior.
(1) The district national committee will carry out the necessary investigation of the damage claimed, in particular the evidence procedure. The examination of applications (second copy) with documents (§ 7 (3)) shall be submitted by the District National Committee with a clear statement to the Regional National Committee.
(2) The findings of damage are the responsibility of the Joint Commissions (§ 5).
(3) The Regional National Committee shall order the applications (paragraph 1) to the relevant Joint Commissions.
(4) The Joint Committee shall arrange for the necessary completion of the investigation where necessary, after which it shall detect in each individual case the damage provided for in Section 2 and enter its assessment in the application. The panel's assessment is not shared with the party.
(1) The Joint Commission (hereinafter the Commission) shall be established with the Regional National Committees. The work related to the activities of the commissions shall be carried out by the Regional National Committee with which the commissions are set up.
(2) Each commission shall consist of:
1. A representative of the Regional National Committee with which it is established as chairman,
2. a representative of the Regional Financial Directorate;
3. An expert to be appointed by the Chairman of the Commission of persons designated by the Regional National Committee for each type of damage; that member of the Commission, if he is not a civil servant, the President shall take into account before the opening of the negotiations the promise of being conscientious and impartial in carrying out his duties.
(3) The President may add other reliable and impartial experts with an advisory vote to the proceedings of the Commission.
(4) The proceedings of the Commission shall apply mutatis mutandis, unless otherwise provided for in this Decree, to the rules on proceedings in matters falling within the competence of the political authorities.
(5) The Commission shall act validly in the presence of all members and shall act by a majority of votes.
(6) The function of the members of the commission is fair.
(7) A member of the Commission, who is not a civil servant, is entitled, if he does not have a permanent residence at the seat of the Commission, to reimbursement of the necessary fare actually paid from his place of residence to the seat of the Commission and to reimbursement of the necessary actual expenses associated with meals outside the house and overnight. In doing so, care should be taken for the necessary austerity in the public administration. The fare shall mean a fare of not more than class II of the train or fare using another mass public vehicle (bus, boat). These actual expenses may be refunded by the Ministry of the Interior in agreement with the Ministry of Finance. Compensation shall be paid by State resources upon presentation of a duly documented travel account, to be adjusted by the Regional National Committee. If a member of the commission is a civil servant, he shall follow the rules applicable to civil servants.
(1) The procedure for the listing, examination and detection of damage shall be implemented only on the basis of the application. The injured party or his successor in title shall be entitled to submit the application and, if not known, the person managing the damaged property, otherwise the local national committee. The application of the parties to the property which has been confiscated, secured or is in government or placed under national administration shall be submitted by the person who, at the beginning of the validity of the decree, has the property in his possession, administration or has it, otherwise the local national committee. Applications or inventories of damage submitted before the beginning of the validity of this decree shall not constitute grounds for bringing proceedings.
(2) The application shall be submitted to the District National Committee in whose territory the Party has its seat. If the party does not have residence in the district of the Czech and Moravian-Silesian countries, it will submit an application to the district national committee in whose district it was last resident. If the party had no residence in the Czech and Moravian-Silesian countries at all, it will apply to the Ministry of Interior.
(3) The application must be submitted no later than 21 days after the date of application of this decree, otherwise it shall not be taken into account. However, if the party proves that it could not submit the application within the time limit for serious obstacles, the application submitted at a later date may also be taken into account.
(1) The application shall be submitted in two copies on forms the model of which shall be laid down by the Ministry of the Interior.
(2) The application shall contain in particular:
(a) personal and family details of the injured party and the applicant (§ 6 (1)), their residence (seat), nationality and nationality;
(b) a precise description of the damage, indicating when, where, by whom, by how and under what circumstances it was caused;
(c) identification of evidence (official certificates, written testimonies, witness marks, photographs, etc.),
(d) the amount of the damage and the amount and type of compensation sought, in particular whether the property stolen or transferred or any other matter of the same kind, quality and price to be declared,
(e) a statement whether, when, and where a party has previously submitted an application, has received a refund, advance or aid and to what extent, or has been reimbursed in whole or in part otherwise.
(3) The documents at hand of the Party should be annexed to the application, preferably in a certified copy.
(1) The filing of an application, examination and detection of damage does not give the party a legal right to compensation.
(2) The compensation arrangements are reserved for specific rules.
The courts, offices and other public authorities are obliged to cooperate in the implementation of this decree.
Any person who knowingly makes incorrect data in or in proceedings against an application or in any other way that he or she may mislead the accuracy of the investigation by incorrect data or other actions shall be punished - not least by a criminal offence - by the district national penalty committee of up to 50,000 K or by a prison sentence of up to 6 months or both. If a fine has been imposed, a replacement prison sentence may be imposed at the same time in the event of its imperfections, depending on the degree of guilt within the limits of the rate of punishment at liberty. If, in addition to the fine, a punishment has been imposed on the free, the sentence on the free, along with the replacement punishment, must not exceed the highest limit of the sentence rate on the free.
This decree is valid only in Czech and Moravian-Silesian countries and takes effect on the eighth day following its publication; It shall be implemented by the Home Secretary in agreement with the Ministers involved.
Dr Beneš v. r.
Fierlinger v. r.
Nosek v. r.
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Regulation Information
| Citation | Decree No. 54 / 1945 Coll., on the registration and detection of war and damage caused by extraordinary circumstances |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.08.1945 |
|---|---|
| Effective from | 08.09.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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