What is Act No. 585 / 2004 Coll.?

Act No. 585 / 2004 Coll., on the defence obligation and its provision — Law on defence obligations and its provision (Law on defence).

When it became Act No. 585 / 2004 Coll. effectiveness?

Act No. 585 / 2004 Coll. became effective 01.01.2005.

Is Act No. 585 / 2004 Coll. still valid?

Yes, Act No. 585 / 2004 Coll. is still valid and effective.

How many times was it Act No. 585 / 2004 Coll. amended?

Act No. 585 / 2004 Coll. has 18 time versions of the text.

Act No. 585 / 2004 Coll. - Law on defence obligations and its provi...

585

THE LAW

of 4 November 2004

on the defence obligation and its provision (Law)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

BRANCH OBLIGATIONS

§ 1

Content of military obligation and types of military active service

(1) A military obligation is the obligation of a national of the Czech Republic (hereinafter referred to as "citizen") to perform the tasks of the armed forces of the Czech Republic (hereinafter referred to as "armed forces"); include the obligation of the citizen to undergo a levy procedure, perform an active military service and carry out other duties provided for by this law.

(2) An active military service outside a state of danger or outside a state of war is the service of an occupational soldier in a service relationship under the Law on Occupational Soldiers, the preparation of a soldier to perform the tasks of the armed forces or the service of an operative soldier.

(3) Military active duty in a state of state or state of war is an emergency service.

(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.

(5) A soldier who performs 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.

§ 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) The Regional Military Headquarters provides a citizen who has acquired a military obligation with detailed information on the content of the military obligation and the possibility and method of voluntary taking over of its duties.

§ 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, at the earliest on the date on which he reaches the age of 18, upon written request from the competent Regional Military Command.

(2) A decision on the citizen's ability to carry out an active military service, issued in accordance with Paragraph 3a, shall be subject to voluntary acceptance of the military obligation, mutatis mutandis or in a levy procedure and the need for the completion of 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.

§ 3a

Decision on the ability to perform military active duty

The ability to perform a military active service of a citizen who has requested a voluntary take-over of a military duty and is not a soldier in reserve shall be decided by the official Regional Military Command on the basis of a medical opinion on medical fitness for military active duty, unless otherwise specified. This decision shall be deemed to be a decision given in a levy procedure.

Voluntary takeover of a military obligation

§ 4

(1) A citizen, outside the state of threat or outside the state of war, may voluntarily take over the performance of a military obligation if he applies for an occupation in the service of a soldier from the profession (1). A written request shall be submitted to the appropriate Regional Military Command. The Regional Military Command shall forward the request to the service authority responsible for the selection of the candidate and for the decision on the profession of a citizen to the service of the professional soldier.

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

(a) the ability of a citizen to carry out an active military service; and

(b) the citizen's written consent to be placed under an active reserve within 2 years of the date of termination of the professional soldier's service, as required by the armed forces.

(3) The condition of being able to perform an active military service referred to in point (a) of paragraph 2 shall be met by a citizen who is fit to perform the service under the Law on Occupational Soldiers, on the date on which the decision on the profession in the service of an occupational soldier becomes final; the decision shall be deemed to have been given in the levy procedure.

(4) The professional profession of the professional soldier shall be decided by the service body under the Professional Soldiers Act.

§ 5

(1) A citizen outside a state of state or outside a state of war may voluntarily take over the performance of a military obligation if he requests to be placed on an active reserve. A written request may be made to the appropriate Regional Military Command, but not earlier than the date on which it reaches the age of 18.

(2) A condition for the inclusion of a citizen in an active reserve is his ability to perform an active military service, compliance with the conditions of the Reserve Service Act and the need for armed forces. The condition of being able to carry out an active military service shall be met by a citizen who is fit to perform the service under the Law on Occupational Soldiers, on the date on which the decision to place himself in an active reserve becomes final; the decision shall be deemed to have been given in the levy procedure.

(3) He shall place a soldier of the Regional Military Command under active reserve by decision for a maximum period of five years. The decision shall be given within 180 days of the date of receipt of the request referred to in paragraph 1.

(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 a professional soldier.

§ 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.

(2) A citizen's participation in military training is a condition of his ability to perform military active duty. A citizen who has been decided to be in a position to carry out an active military service shall be obliged to carry out military exercises on the basis of the conditions laid down in Section 12 (5).

(3) A soldier shall be called upon for military training according to the needs of the armed forces, provided that:

(a) its criminal integrity is established; for the purpose of proving the criminal integrity of a soldier, the Regional Military Command shall obtain an extract from the criminal record in accordance with the Criminal Records Act;

(b) does not support, promote or sympathise with a movement which has proven to be directed towards the suppression of the rights and freedoms of man, or proclaims a national, religious or racial hatred or hatred against another group of persons.

§ 5b

Presiding to supplement the armed forces

(1) A citizen outside a state of state or outside a state of war may voluntarily take over the performance of a military obligation if he requests a predesignation for the replenishment of the armed forces. A written request may be made to the appropriate Regional Military Command, but not earlier than the date on which it reaches the age of 18.

(2) A precondition for the pre-designation of a citizen in connection with his voluntary takeover of a military duty is his ability to perform a military duty.

(3) A soldier in reserve meeting the conditions laid down in paragraphs 2 and 5a (3) may be appointed for a maximum period of five years.

(4) The decision of the Regional Military Command to pre-designate a soldier in reserve, other than the general requirements of the Administrative Regulations, contains:

(a) established military expertise; and

(b) the period for which it is intended.

(5) The pre-designation period may be extended by five years at the request of a soldier by the Regional Military Command; the application may be repeated.

(6) A soldier in reserve, as determined in accordance with paragraph 4, is obliged to carry out military exercises under the conditions laid down in Paragraph 12 (6).

§ 6

Refusal of extraordinary service on grounds of conscience or religion

(1) A soldier in reserve may refuse to perform an emergency service on grounds of conscience or religion

(a) within 15 days of the date on which the decision on the citizen's ability to perform an active military service issued in the course of the levy proceedings became final;

(b) within 15 days of the effective date of the declaration of a state of danger or a state of war;

a soldier who refuses to perform an emergency service shall cease to be under a military obligation.

(2) A reasoned declaration of refusal of extraordinary service shall be made in writing to the competent Regional Military Command. The declaration shall state the name, surname, date of birth and address of the soldier's whereabouts; the signature of the declaration must be officially certified.

(3) The Regional Military Command shall forward the statement of the soldier in advance of refusal to perform an emergency service within 10 days of its delivery to the municipal authority of the municipality with extended competence responsible for the place of stay of the soldier in the reserve. The Regional Military Command shall enter information on the refusal to perform extraordinary duties in the military record of the information kept on the back-up soldier that made the declaration of refusal.

(4) A citizen who refused to perform an emergency service as a soldier in reserve is obliged to work under the Defence Act of the Czech Republic for a state of danger or a state of war.

§ 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;

(c) the date on which the citizen ceased citizenship of the Czech Republic; This provision does not apply to aliens,

(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 an emergency service on grounds of conscience or religion;

(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; or

(f) the date on which the citizen reached the age of 60.

ČÁST DRUHÁ

MILITARY ADMINISTRATIVE AUTHORITIES

§ 9

(1) Regional military headquarters are hereby established as military administrative offices. The head of the Regional Military Command shall be the director of the professional soldier; The Minister of Defence shall decide on his seniority.

(2) Regional Military Command shall exercise state administration under this Act and other specific legislation. Their local jurisdiction shall be governed by the place of residence of natural persons or the seat of legal persons.

(3) Each Regional Military Command is responsible for:

(a) acceptance of an application for:

1. voluntary take-over of the military obligation under Article 3;

2. the voluntary taking over of the military obligation under Sections 4 to 5b; and

(b) conduct proceedings on the ability to perform military active duty pursuant to Article 3a.

(4) The Regional Military Command, as military bodies, also performs the defence tasks of the State.

(5) The names, registered offices and territorial districts of the Regional Military Command are set out in Annex 1 to this Act.

ČÁST TŘETÍ

MILITARY ACTIVITIES OUT OF STATE EMPLOYMENT OR OUTSIDE STATE

§ 12

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

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

(2) Military training is

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

(b) a regular military exercise in which the qualifications of an active soldier are extended in the interest of the armed forces in the educational activities organised by the Ministry of Defence ("the Ministry");

(c) regular military exercises in which an active-reserve soldier participates or participates in securing actions to prepare citizens to defend the state or promote the armed forces in public;

(d) military training to prepare for operational deployment; or

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

(3) An active reserve soldier shall carry out regular military exercises of a total duration of up to 12 weeks in a calendar year, taking into account its planned classification, training and training levels.

(4) An active reserve soldier performs military training to prepare for operational deployment of a total duration of up to 12 weeks.

(5) A back-up soldier may ask the Regional Military Command to pursue a voluntary military exercise. 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.

(6) A reserve soldier shall carry out a military exercise pursuant to § 5b on the basis of an exceptional government measure on the occupation of reserve soldiers pursuant to § 5b on the military exercise declared in the Collection of Laws. On the basis of an assessment of the risk of a state which may cause armed conflict, the Government shall, in an emergency measure, require a designated soldier in reserve on the basis of a call for assistance, according to the needs of the armed forces, to undertake military exercises of a total duration of 12 weeks. If, during the exercise of military training, the period of pre-designation of a soldier pursuant to § 5b has elapsed, the designated soldier shall complete the exercise of the military exercise of the length to which he has been called.

(7) The Chamber of Deputies may abolish the government's extraordinary measure within 30 days of its publication in the Collection of Laws. Prior to the expiry of this period, a soldier may not be called in for military training. The decision of the Chamber of Deputies to abolish the government's extraordinary measure will be declared in the Collection of Laws.

(8) Military exercises on the basis of exceptional government measures may be carried out no later than 13 months after the publication of this extraordinary measure in the Collection of Laws. If this period has elapsed during the exercise of military training, the designated soldier shall be released from his exercise on that day.

§ 12a

Operating service

(1) An active reserve soldier shall operate in an operational capacity according to the needs of the armed forces, up to 9 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 soldier in reserve who is not an active backup 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 affecting life, health, environment or significant property values.

§ 13

Military training or operational duties

(1) The Regional Military Command shall call for military training or for service in the operational deployment of a soldier in reserve by calling order. The order shall be served in accordance with the administrative procedure.

(2) An order shall be delivered to the soldier in reserve at least 30 days before the date of entry into service of the military training or operational deployment. In the event of an occupation in an operational capacity in crisis situations outside a state of threat or a state of war, or if the tasks of the armed forces need to be performed in other serious situations threatening the security of the Czech Republic, the time limit for service of the call order according to the first sentence may be reduced to 3 days.

(3) A soldier in reserve is required to take on the exercise of military exercise or service in an operational capacity according to the requirements and data set out in the call order, in particular the place and time of taking up active military service, the number and address of the military department or military establishment (hereinafter referred to as the "military department"), to demonstrate his identity by means of a card or travel document, to present a military book or a military card and documents certifying his specific ability or authority to carry out certain activities, such as a driving licence, to carry the insured person's card and to undergo a medical examination, if ordered. In the event that the medical examination has not been ordered, the soldier in reserve called for military training shall submit a written statement of his medical condition. In the written statement, the soldier in reserve shall state that he has no acute illness, has not been in contact with a natural person with an infectious disease or suspected of being infected or ordered quarantine measures in the last 14 days prior to arrival.

(4) A back-up soldier who cannot attend a designated place within the prescribed time limit to begin the exercise of a military exercise or service in an operational capacity is obliged to notify the Regional Military Command which has called him immediately and to provide reasons in writing.

(5) The military exercise or service in operational deployment shall begin on the date of the entry of the soldier in reserve to perform it at the designated location. In the event that a soldier on standby as a result of a medical examination is unable, for medical reasons, to perform a military exercise or service in an operational deployment, a military exercise or service in an operational deployment shall be deemed not to have started from the outset; This shall apply mutatis mutandis if he does not submit a declaration of his health.

(6) An active reserve soldier who carries out an active military service is transferred to the service in an operational capacity on the basis of a decision of the service authority.

§ 14

Release from military training or service in operational deployment

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

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

(b) where the doctor finds a disease or accident for which the soldier is unable to perform military exercise or service in operational deployment;

(c) the date on which he was taken into custody;

(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) upon discharge of service under the Law on the service of reserve soldiers.

(2) A soldier may also be discharged for personal or family reasons on the basis of his request for military training or operational service.

(3) A service body shall be released from the exercise of military training or service in the operational deployment of a soldier. Before release, a soldier is required to undergo a medical examination, if ordered. If the medical examination has not been ordered, the soldier in reserve may request its execution; the service authority shall arrange for a medical examination. If the medical examination has not been ordered or the soldier in the reserve has not asked for it to be carried out, it shall be replaced by a written statement from the soldier in the reserve that he is not in medical condition and that there has been no change in his condition during the military exercise.

§ 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

(c) another serious event requiring the temporary presence of a soldier in reserve or the possibility of such an event.

(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.

ČÁST ČTVRTÁ

MILITARY OPERATING SERVICES FOR THE STATUS OF STATE EMPLOYMENT

Emergency service

§ 15

(1) A military training soldier, a soldier who is in an operational capacity or who is in the service ratio of an occupational soldier shall perform an exceptional service from the date of effective declaration of state or state of emergency.

(2) A reserve soldier shall perform an emergency service as from the date of taking up the military service on the basis of a call order issued by the Regional Military Command or a mobilization order pursuant to Paragraph 23 (3).

(3) A soldier in reserve is required to appear at a specified place at the time specified in the call order. Paragraph 13 (1) shall apply mutatis mutandis to service a call order. If the reserve soldier has not received the call order, he shall be obliged to arrive at the designated location at the time specified in the mobilization order. A soldier in reserve who has not been called in to perform it may volunteer for special service with the relevant Regional Military Command.

(4) The provisions of Paragraph 13 (3) shall apply mutatis mutandis, unless otherwise provided for.

§ 16

(1) The emergency service shall end no later than 3 months after the state or war situation has been lifted. During this period, soldiers are released either individually or collectively. A soldier shall be required to undergo a medical examination by a military physician before being discharged from an emergency service.

(2) A soldier will be released from the service on a day

(a) the acquisition of legal power by a judgment given in a review procedure which rendered him incapable of carrying out a military active service;

(b) which has been taken into custody,

(c) the entry into custody, the execution of a custodial sentence, the execution of a security detention or constitutional protective treatment; or

(d) the following month after the day of his insolence.

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

Discharge of extraordinary service

§ 17

(1) A soldier in reserve who is required in the important interest of the security of the Czech Republic to continue his civil employment may be relieved of the extraordinary service.

(2) The reasons for the important safety interest of the Czech Republic are considered to be:

(a) to ensure the necessary activities of the Office of the Chamber of Deputies, the Office of the Senate, the Office of the President of the Republic, courts, prosecutors, security departments, intelligence services of the Czech Republic, the Czech National Bank, medical emergency service providers, economic mobilization bodies, state-owned enterprises, critical infrastructure bodies, organisational units of the State and aid organisations which are established or set up or are engaged in the establishment of functions of the Ministry of Interior or the Ministry of Justice, Legal and Physical Services, which have assumed an obligation to ensure the defence of the State, the Czech Post, diplomatic missions of the Czech Republic or consular agencies of the Czech Republic abroad, and other state and local authorities and local authorities;

(b) ensuring the necessary functioning of the national economy;

(c) security of municipal tasks in the fire protection sector; or

(d) ensuring the necessary protection of the population.

(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.

(4) The Regional Military Command is responsible for the discharge of extraordinary duty and keeps records of the troops released in reserve. The decision to discharge shall take effect on the day following that on which the Regional Military Command has decided to discharge.

(5) The employer shall notify the Regional Military Command which has decided to discharge the employer without delay of the absence of grounds for which his staff member has been relieved of extraordinary service.

(6) A soldier may be relieved of extraordinary service for the duration of the state or war hazard. The decision to discharge the exceptional service shall be revoked after the reasons have elapsed and may be revoked earlier according to the needs of the armed forces.

ČÁST PÁTÁ

GROUNDS

§ 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 threat to the state or to the state of war, will call upon the citizen to take custody under government regulations.

§ 19

Questionnaire

(1) The Regional Military Command shall, after the date of the opening of the withdrawal procedure provided for in Article 18 (2), deliver to the citizen designated as a participant a questionnaire for the purpose of the withdrawal procedure for information on the citizen which could not be obtained in accordance with the procedure laid down in Article 31 (8).

(2) A citizen shall be required to complete the questionnaire referred to in paragraph 1, to request its addition by a registered health service provider in the field of general medical practice or in the field of practical medicine for children and adolescents (hereinafter referred to as "the registered doctor '), and with 1 photograph of 35 x 45 mm, corresponding to its current form, to return it to the Regional Military Command no later than 30 days after its arrival. If it is affected by a defect or illness for which it is unable to complete the questionnaire itself, the person close to it or the guardian shall do so.

(3) The citizen shall indicate in the questionnaire the academic title, name or name, surname, maiden name, birth number, place of birth, address of residence, address of service according to the administrative order, educational attainment, employment, specific competence and knowledge, subjective information on his health, name or name, surname and address of his / her parents' or wife's residence, spouse, spouse or registered partner.

(4) The questionnaire shall include information on the state of health of the citizen as established by a preventive survey carried out during the relevant period under specific legislation. 8)

(5) The registrant must indicate in the questionnaire the required health data of the citizen found at the last preventive examination, 9) where appropriate, add the results of the new examinations carried out during the period from this survey to the time of completion of the questionnaire.

(6) The Ministry provides for a model questionnaire by means of implementing legislation.

§ 20

Inter-trade panel

(1) The Board of Appeal shall be set up after the date of the procedure provided for in Article 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 representatives of the municipal office of the municipality with extended competence designated by the mayor or the person responsible for the exercise of his authority and 2 doctors.

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

(4) The municipal authority of the municipality with extended scope shall ensure that the director of the Regional Military Command of the room, their equipment, maintenance and technical operation is required for the implementation of the discharge procedure, and the regional authority of the doctor and other health professionals and the material security of medical examinations.

(5) The advice of the members of the draft committees on their rights and obligations shall be given by the Director of the Regional Military Command or a representative designated by him before the start of the procedure.

§ 21

Departure procedure

(1) A citizen is required to appear at a designated place for the withdrawal procedure at the time specified in the call order issued by the Regional Military Command, to prove his identity by a citizen's card or travel document and to provide documents certifying his or her specific ability or authorisation to carry out certain activities, such as a driving licence. The order shall be delivered as a postal consignment to its own hands not later than 30 days before the withdrawal procedure. If a citizen does not receive a notice of call, he shall be obliged to appear in the proceedings on the basis of a public decree issued by the Regional Military Command.

Citation	Act No. 585 / 2004 Coll., on the defence obligation and its provision
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	29.11.2004
Effective from	01.01.2005
Effective until	-
Status	Valid

Act No. 585 / 2004 Coll.

Law on defence obligations and its provision (Law on defence)

Contents