Communication from the Ministry of Culture No. 55 / 2013 Coll.
Communication from the Ministry of Culture on the conclusion of settlement agreements between the Czech Republic and the Apostolic Church, the Church of the Adventists of the Seventh Day, the Church of the Brotherhood, the Church of the Czechoslovak Hussite, the Church of the Greek, the Church of the Roman Catholic, the Czech Brotherhood Church of the Evangelical Church, the Evangelical Church of the Augsburg Religion in the Czech Republic, the Evangelical Church of the Methodist, the Federation of the Jewish Communities in the Czech Republic, the Church of the Evangelical Church of the Czech Republic, the Religion Society of Czech Unitarians, the Orthodox Church of the Evangelical Augsburg and the Old Catholic Church in the Czech Republic
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Communication
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06.03.2013
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55
COMMUNICATION
Ministry of Culture
of 28 February 2013
concerning the conclusion of settlement agreements between the Czech Republic and the Apostolic Church, the Church of the Adventists of the Seventh Day, the Church of the Brotherhood, the Church of the Czechoslovak Hussite, the Church of the Greek, the Church of the Roman Catholic, the Czech Brotherhood of the Evangelical, the Evangelical Church of the Augsburg Religion in the Czech Republic, the Evangelical Church of the Methodist, the Federation of Jewish Communities in the Czech Republic, the Single Brotherly Church of the Lutheran Evangelical Church in the Czech Republic, the Religious Society of Czech Unitarians, the Orthodox Church in the Czech Republic, the Silesian Church of the Evangelical Augsburg and the Old Catholic Church in the Czech Republic
The Ministry of Culture declares, pursuant to Article 16 (6) of 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) that on 22 February 2013, on the basis of Law No. 428 / 2012 Coll., on property settlement with churches and religious societies and on the change of certain laws (Act on property settlement with churches and religious societies), in Prague, contracts were signed on settlement with the Church of the Czech Republic, Church of the Church of the Czech Republic, Church of the Church of the Church of the Seventh Day, Church of the Church of the Church of the Church of the Church of the Church of the Church of the Church of the Czech Republic of the Czech Republic, Church of the Czech Republic, Church of Czech Republic of the Czech Republic of Czech Republic, Church of the Greek and the Greek Catholic Church of The contracts entered into force on the date of their signature on 22 February 2013. The text of the Treaties is set out in the Annex to this Communication.
Minister:
Mgr. Hanáková v. r.
Annex
Settlement agreement between the Czech Republic and the Apostolic Church
Czech Republic
under which the government represented by RNDr. Petr Netime, Prime Minister
of the one part,
and
The Apostolic Church
under which he acts: Martin Moldan, Bishop
of the other part,
conclude on the basis of 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), this
settlement agreement:
Preliminary provisions
Bishop Martin Moldan claims to be the statutory body of the Apostolic Church, who is entitled to act on its behalf.
Settlement of entitlements
1. The Apostolic Church commits to the Czech Republic that, by concluding this Treaty, all claims of the Apostolic Church for the original property of the Apostolic Church, legal persons established or established as part of the Apostolic Church and legal persons established or established for the purpose of supporting the activities of the Apostolic Church for spiritual, pastoral, charitable, medical, educational or administrative and economic purposes, which, under the Law on Property Compensation with Churches and Religious Companies, has become subject to property injunction during the period from 25 February 1948 to 1 January 1990, including claims which are not known at the date of conclusion of this Treaty.
2. The issue of matters under the Act on property settlement with churches and religious societies shall not be affected by the provisions of paragraph 1.
Financial compensation
1. The Czech Republic undertakes to pay to the Apostolic Church a fixed flat-rate financial compensation (hereinafter referred to as "financial compensation") of a total of CZK 1 056 336 374 (in words: one billion fifty-six million, three hundred thirty-six thousand thirty-three hundred and seventy-four crowns) in order to implement its obligation under the Law on property settlement with churches and religious societies.
2. 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.
3. The Czech Republic and the Apostolic Church may agree that the annual instalment of the financial compensation or part of it will be settled through the transfer of government bonds.
4. The reimbursement of the financial compensation shall be paid for the calendar year, and no later than 31 December of the calendar year for which it is intended, starting in 2013. An earlier term may be agreed for settlement through the transfer of government bonds.
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.
6. The obligation to pay the financial compensation may not cease to exist without the agreement of the Contracting Parties, except through fulfilment.
Support expenditure for operations
1. The Czech Republic also undertakes to pay a contribution to the Apostolic Church for a period of 17 years from the date of the entry into force of the Law on property settlement with churches and religious societies ("transitional period ') to support its 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.
Common provisions
1. The Czech Republic and the Apostolic Church undertake not to undermine the purpose of this Treaty.
2. The purpose of this Treaty shall be governed by the Act on property settlement with churches and religious societies, as effective at the date of conclusion of this Treaty.
3. This settlement agreement shall be subject to the provisions of the Civil Code, with the exception of the provisions on the nullity and irrevocability of legal acts, the provisions on the change in the person of the debtor or 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. Regarding the payment of the financial compensation, the Czech Republic has the status of debtor and the Church of the Apostolic has the status of creditor. No netting or enforcement shall be permitted against a claim for financial compensation or repayment of financial compensation.
Final provisions
1. This Treaty shall take effect on 22 February 2013.
2. This contract will be published in the Collection of Laws in the form of a communication from the Ministry of Culture within 2 months of the date of its conclusion.
Dane in Prague on 22 February 2013
for the Czech Republic
RNDr. Petr Nečas v. r.
Prime Minister of the Czech Republic
for the Apostolic Church
Martin Moldan v.r.
Bishop
Settlement agreement between the Czech Republic and the Church of Adventists on the seventh day
Czech Republic
under which the government represented by RNDr. Petr Netime, Prime Minister
of the one part,
and
Church of Adventists of the Seventh Day
under which he acts: Mikuláš Pavlik, President of the Union
of the other part,
conclude on the basis of 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), this
settlement agreement:
Preliminary provisions
President of the Union Ing. Mikuláš Pavlík declares that he is the statutory body of the Church of Adventists on the seventh day, which is entitled to act on its behalf.
Settlement of entitlements
1. The Seventh Day Adventist Church commits to the Czech Republic that, by concluding this Treaty, all claims of the Seventh Day Adventist Church are for the original property of the Seventh Day Adventist Church, legal persons set up or incorporated as part of the Seventh Day Adventist Church and legal persons set up or set up to support the Seventh Day Adventist Church's activities to the spiritual, pastoral, charitable, medical, educational or administrative and economic purposes, which have become the subject of property injustices in the period from 25 February 1948 to 1 January 1990, including claims which are not known at the date of conclusion of this Treaty.
2. The issue of matters under the Act on property settlement with churches and religious societies shall not be affected by the provisions of paragraph 1.
Financial compensation
1. The Czech Republic undertakes to pay to the Church of Adventists on the seventh day a fixed flat-rate financial compensation (hereinafter referred to as "financial compensation") of a total of 520 827 586, - CZK (in words: twenty-five hundred and twenty-two thousand twenty-seven thousand and twenty-six Czech crowns) in order to effectively implement its commitment to the property settlement law.
2. 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.
3. The Czech Republic and the Church of Adventists on the seventh day may agree that the annual instalment of the financial compensation or part of it will be settled through the transfer of government bonds.
4. The reimbursement of the financial compensation shall be paid for the calendar year, and no later than 31 December of the calendar year for which it is intended, starting in 2013. An earlier term may be agreed for settlement through the transfer of government bonds.
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.
6. The obligation to pay the financial compensation may not cease to exist without the agreement of the Contracting Parties, except through fulfilment.
Support expenditure for operations
1. The Czech Republic also undertakes to pay a contribution to the Church of Adventists on the seventh day for a period of 17 years from the date of entry into force of the Act on Property Compensation with Churches and Religious Companies ("the transitional period ') to support its activities (" the 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.
Common provisions
1. The Czech Republic and the Church of Adventists on the seventh day undertake not to undermine the purpose of this Treaty.
2. The purpose of this Treaty shall be governed by the Act on property settlement with churches and religious societies, as effective at the date of conclusion of this Treaty.
3. This settlement agreement shall be subject to the provisions of the Civil Code, with the exception of the provisions on the nullity and irrevocability of legal acts, the provisions on the change in the person of the debtor or 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 Czech Republic has the status of debtor and the Church of Adventists on the seventh day as a creditor. No netting or enforcement shall be permitted against a claim for financial compensation or repayment of financial compensation.
Final provisions
1. This Treaty shall take effect on 22 February 2013.
2. This contract will be published in the Collection of Laws in the form of a communication from the Ministry of Culture within 2 months of the date of its conclusion.
Dane in Prague on 22 February 2013
for the Czech Republic
RNDr. Petr Nečas v. r.
Prime Minister of the Czech Republic
for the Church of Adventists on the seventh day
Ing. Mikuláš Pavlík v.r.
President of the Union
Settlement agreement between the Czech Republic and the Brotherhood Church
Czech Republic
under which the government represented by RNDr. Petr Netime, Prime Minister
of the one part,
and
Brotherhood Church
under which he is acting: Ing. Daniel Fajfr, M.Th., Chairman of the Council of the Church of the Brotherhood
Mgr. Petr Grulich, Secretary of the Council of the Brotherhood Church
of the other part,
conclude on the basis of 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), this
settlement agreement:
Preliminary provisions
Chairman of the Council of the Church of Brotherhood Ing. Daniel Fajfr, M.Th. and Secretary of the Council of the Church of Brotherhood Mgr. Petr Grulich declare that they are the statutory body of the Church of Brotherhood, which is entitled to act on its behalf.
Settlement of entitlements
1. The Brotherhood Church commits to the Czech Republic that, by concluding this Treaty, all claims of the Brotherhood for the original property of the Brotherhood of Brotherhood, Legal Persons set up or established as part of the Church of Brotherhood and Legal Persons set up or set up to support the activities of the Brotherhood for the spiritual, pastoral, charitable, medical, educational, administrative and economic purposes, which has become the subject of property injunction in the period from 25 February 1948 to 1 January 1990, as a result of some of the facts referred to in Article 5 of the Law on property settlement with churches and religious societies, and which, according to the Law on property settlement with churches and religious societies, has not been made, settled, including claims which are not known at the date of conclusion of this Treaty.
2. The issue of matters under the Act on property settlement with churches and religious societies shall not be affected by the provisions of paragraph 1.
Financial compensation
1. The Czech Republic, in order to effectively implement its obligation under the Act on Property Compensation with Churches and Religious Companies, undertakes to pay the Church of the Brotherhood a fixed flat-rate financial compensation (hereinafter referred to as "financial compensation") of CZK 761 051 303 (in words: CZK 772 million, 51 million, 51 thousand and 33 crowns).
2. 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.
3. The Czech Republic and the Brotherhood Church may agree that the annual payment of the financial compensation or part of it will be settled through the transfer of government bonds.
4. The reimbursement of the financial compensation shall be paid for the calendar year, and no later than 31 December of the calendar year for which it is intended, starting in 2013. An earlier term may be agreed for settlement through the transfer of government bonds.
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.
6. The obligation to pay the financial compensation may not cease to exist without the agreement of the Contracting Parties, except through fulfilment.
Support expenditure for operations
1. The Czech Republic also undertakes to pay a contribution to the Church of Brotherhood for a period of 17 years from the date of entry into force of the Law on Property Compensation with Churches and Religious Companies ("the transitional period ') to support its activities (" the 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.
Common provisions
1. The Czech Republic and the Church of the Brotherhood undertake to respect this Treaty and not to thwart its purpose.
2. The purpose of this Treaty shall be governed by the Act on property settlement with churches and religious societies, as effective at the date of conclusion of this Treaty.
3. This settlement agreement shall be subject to the provisions of the Civil Code, with the exception of the provisions on the nullity and irrevocability of legal acts, the provisions on the change in the person of the debtor or 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. Regarding the payment of the financial compensation, the Czech Republic has the status of debtor and the Church has the fraternity status of creditor. No netting or enforcement shall be permitted against a claim for financial compensation or repayment of financial compensation.
Final provisions
1. This Treaty shall take effect on 22 February 2013.
2. This contract will be published in the Collection of Laws in the form of a communication from the Ministry of Culture within 2 months of the date of its conclusion.
Dane in Prague on 22 February 2013
for the Czech Republic
RNDr. Petr Nečas v.r.
Prime Minister of the Czech Republic
for the Church of the Brotherhood
Ing. Daniel Fajfr, M.Th., v.r.
Chairman of the Council of the Brotherhood Church
Petr Grulich v.r. Mgr.
Secretary of the Council of the Brotherhood Church
Settlement agreement between the Czech Republic and the Czechoslovak Hussite Church
Czech Republic
under which the government represented by RNDr. Petr Netime, Prime Minister
of the one part,
and
Czechoslovak Hussite Church
under which he acts: ThDr. Tomáš Butta, Th.D., Patriarch and Chairman of the Central Council
RNDr. Ivana Macháčková, CSc., Vice-President of the Central Council
Ing. Miroslava Niemek Klenovská, Financial Rapporteur of the Central Council
of the other part,
conclude on the basis of 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), this
settlement agreement:
Preliminary provisions
Patriarch and Chairman of the Central Council of ThDr. Tomáš Butta, Th.D., Vice-Chairman of the Central Council of RNDr. Ivana Macháčková, CSc and the Financial Rapporteur of the Central Council of Ing. Miroslav Niemek Klenovská declare that they are the statutory body of the Czechoslovak Hussite Church, which is entitled to act on its behalf.
Settlement of entitlements
1. The Czechoslovak Hussite Church commits to the Czech Republic that, by concluding this Treaty, all claims of the Czechoslovak Hussite Church for the original property of the Czechoslovak Hussite Church, established or incorporated as part of the Czechoslovak Hussite and Legal Persons set up or set up to support the activities of the Czechoslovak Hussite Church for the spiritual, pastoral, charitable, medical, educational or administrative purposes and economic purposes, which have become the subject of property injustices in the period from 25 February 1948 to 1 January 1990, as a result of the facts referred to in Article 5 of the Act on Property Compensation with the Churches and Religious Companies, are not known.
2. The issue of matters under the Act on property settlement with churches and religious societies shall not be affected by the provisions of paragraph 1.
Financial compensation
1. The Czech Republic undertakes to pay the Church of the Czechoslovak Hussite Law a flat-rate financial compensation (the "financial compensation") of CZK 3,085 312 000 (in words: CZK 3,80,000 million) in total.
2. 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.
3. The Czech Republic and the Czechoslovak Hussite Church may agree that the annual instalment of the financial compensation or part of it will be settled through the transfer of government bonds.
4. The reimbursement of the financial compensation shall be paid for the calendar year, and no later than 31 December of the calendar year for which it is intended, starting in 2013. An earlier term may be agreed for settlement through the transfer of government bonds.
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.
6. The obligation to pay the financial compensation may not cease to exist without the agreement of the Contracting Parties, except through fulfilment.
Support expenditure for operations
1. The Czech Republic also undertakes to pay the Czechoslovak Hussite Church a contribution to the promotion of its activities (hereinafter referred to as "the contribution ') for a period of 17 years from the date of entry into force of the Law on property settlement with churches and religious societies (hereinafter referred to as" transitional period').
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.
Common provisions
1. The Czech Republic and the Church of Czechoslovak Hussite undertake not to undermine the purpose of this Treaty.
2. The purpose of this Treaty shall be governed by the Act on property settlement with churches and religious societies, as effective at the date of conclusion of this Treaty.
3. This settlement agreement shall be subject to the provisions of the Civil Code, with the exception of the provisions on the nullity and irrevocability of legal acts, the provisions on the change in the person of the debtor or 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. Regarding the payment of the financial compensation, the Czech Republic has the status of debtor and the Church of Czechoslovak Hussite status of creditor. No netting or enforcement shall be permitted against a claim for financial compensation or repayment of financial compensation.
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Regulation Information
| Citation | Communication from the Ministry of Culture No. 55 / 2013 Coll., on the conclusion of settlement agreements between the Czech Republic and the Apostolic Church, the Church of the Adventists of the Seventh Day, the Church of the Brotherhood, the Church of the Czechoslovak Hussite, the Church of the Greek Church, the Church of the Roman Catholic Church, the Czech Brotherhood of the Evangelical Church, the Evangelical Church of the Augsburg Religion in the Czech Republic, the Evangelical Church of the Methodist Church, the Federation of the Jewish Communities in the Czech Republic, the Church of the Church of the Czech Republic, the Religious Society of the Czech Unionites, the Orthodox Church of the Evangelical Augsburg and the Old Catholic Church in the Czech Republic |
|---|---|
| Regulation Type | Communication |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 06.03.2013 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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