Act No. 59 / 1949 Coll.
Law on the withdrawal of military rank to certain non-active officers, Rotmasters and Petty Officers
Valid
Effective from 12.03.1949
59.
Law
of 22 February 1949
on the withdrawal of military rank to certain non-active officers, Rotmasters and Petty Officers.
The National Assembly of the Czechoslovak Republic decided on the following Act:
(1) Officers, Rotmasters and Petty Officers of non-active military personnel who do not offer a guarantee for their position, conduct or other reasons that they will be reliable and fully committed to the people's democratic establishment, the military rank shall be withdrawn according to other provisions.
(2) The military rank shall be withdrawn in particular from persons:
1. which were officials of political parties, organisations or elements whose renewal was not permitted after 5 May 1945, unless they found a positive relation to the popular democratic establishment of the Republic;
2. have been lawfully convicted of crimes pursuant to the Act of 19 March 1923, No. 50 Coll., for the protection of the Republic as amended by the laws amending it and supplementing it, unless it is a conviction before 5 May 1945 for an activity in the interests of the rights of the working people, or which have been lawfully convicted of crimes under the Law of 6 October 1948, No 231 Coll., for the protection of the People's Democratic Republic;
3. who have been convicted, in accordance with the decree of the President of the Republic of 19 June 1945, No 16 Coll., on the punishment of Nazi criminals, traitors and their helpers and on extraordinary people's courts, under the decree of the President of the Republic of 19 June 1945, No 17 Coll., on the National Court, under the decree of the President of the Republic of 27 October 1945, No 138 Coll., on the punishment of certain crimes against national honour, under the order of the Slovak National Council of 15 May 1945, No 33 Coll. SNR, on the punishment of fascist criminals, occupants, traitors and collaborators, and on the establishment of the people's judiciary, as amended by the regulations is changing and complementary;
4. which have been convicted of crimes in accordance with the Act of 13 February 1947, No 15 Coll., on the prosecution of black trade and similar affairs;
5. which were entered in the forced labour camps established by the Law of 25 October 1948, No. 247 Coll., on forced labour camps;
6. which have attempted, after 5 May 1945, the renewal of a party, organisation or component which has not been authorised after that date;
7. which, after 25 February 1948, for their reaction or activity, have been excluded from public life by action committees or measures taken on their proposal or at their place, in particular from political parties, all-national organisations, associations, deprived of public functions, released from state or other public services, from the services of state, national or other undertakings, or excluded from study;
8. which, after May 5, 1945, moved from the Czechoslovak Republic for political reasons as well as to persons who fled the Czechoslovak Republic after that day, even if they later returned.
(3) In cases of special consideration, derogations from the provisions of paragraphs 1 and 2 may be allowed.
Military officers and rotmasters outside active duty shall be understood in this Act as retired and back-up officers and rotmasters; non-active officers shall be understood as sub-officers on permanent leave, in reserve and in replacement.
(1) The withdrawal of the military rank of officers and non-active rootmasters is decided by the Minister of National Defence on the basis of an examination procedure; in the case of major and sub-colonel with the consent of the Government, in the case of colonels and generals with the approval of the President of the Republic. Withdrawal of military rank for non-active officers shall be decided by the master of their tribal body on the basis of an examination procedure.
(2) The decision taken pursuant to paragraph 1 shall be notified to the military person concerned.
(3) The examination procedure shall be carried out on all officers, rotmasters and non-volunteers outside active duty; for other petty officers only if the Ministry of National Defence so provides.
(4) The screening procedure shall be carried out by the Ministry of National Defence for the cooperation of the Ministry of Interior and the Central Action Committee of the National Front.
(5) In agreement with the Ministry of Interior, the Ministry of National Defence determines how the screening procedure will be carried out.
(1) Military persons to whom the military rank has been withdrawn under this Act shall be transferred to the number of troops as reserve troops.
(2) Any resting (provision) salaries of persons referred to in paragraph 1 belonging to an earlier service shall remain unaffected by the measures provided for in Article 3 (1), unless they have been withdrawn under other regulations.
The Act of 11 June 1947, No 116 Coll., on the treatment of certain legal conditions of officers, roteurs and sub-officers of aspirants in advance, and the Act of 4 July 1923, No 154 Coll., on military disciplinary and disciplinary law, as well as on the withdrawal of military rank and transfer to service by administrative management, as amended by the laws amending it, remain unaffected.
This Act shall take effect on the day of its publication; It shall be carried out by national defence and interior ministers.
Gottwald v. r.
Dr John v. r.
Zaporocký v. r.
Maj-Gen Svoboda v. r.
Nosek v. r.
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Regulation Information
| Citation | Act No. 59 / 1949 Coll., on the withdrawal of military rank to certain non-active officers, Rotmasters and Petty Officers |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 12.03.1949 |
|---|---|
| Effective from | 12.03.1949 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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