Government Decree No. 61 / 1945 Coll.

Regulation on the preparation of an option under the Treaty between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Zakarpatské Ukraine of 29 June 1945

Valid Effective from 01.09.1945
61.
Government Regulation
of 24 August 1945
on the preparation of the option under the Treaty between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Zakarpatské Ukraine of 29 June 1945.
The Government of the Czechoslovak Republic hereby orders the President of the Republic, under § 1 of the Constitutional Decree of 24 August 1945, No. 60 Coll., to prepare for the implementation of the Treaty between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Zakarpatská Ukraine of 29 June 1945.
§ 1.
Until 1 January 1946, they shall have the right to apply for Czechoslovak citizenship:
1. Czechoslovak national citizens of Czech or Slovak nationality who had on 29 June 1945 permanent residence or home law in a municipality to be incorporated into the framework of the Ukrainian Soviet Socialist Republic under the contract between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Zakarpatské Ukraine of 29 June 1945,
2. military persons (as defined on 29 June 1945) of Russian or Ukrainian nationality who participated in the Czechoslovak army war against Germany for the liberation of Czechoslovakia, and members of their families living in the territory of Zakarpatskaya Ukraine.
§ 2.
The option for Czechoslovak citizenship is to be submitted to the Ministry of the Interior, which may entrust it with an order in the Official Gazette of other public authorities or with the representative office of the Czechoslovak Republic.
§ 3.
The option statement should make it clear who is making them and the right to maintain Czechoslovak citizenship should be factually justified as required by the nature of the case and the necessary documents should be attached. In particular, the debt shall include and record:
(a) whether the optant was a Czechoslovak national on 29 June 1945 (for example, a certificate of citizenship, a home certificate, a naturalisation certificate, or another appropriate document),
(b) the place of residence of the optanta on 29 June 1945, after his nationality on that date;
(c) nationality of optanta;
(d) in the case of military persons of Russian or Ukrainian nationality and members of their families, participation in the war against Germany in the Czechoslovak army, as well as the relative relationship;
(e) whether the optant is free, married, divorced, parted, and whether, respectively, the family members follow him at the option (that is to say, the birth certificate of the optant, the marriage certificate, birth certificates of children under the age of 18 and below).
§ 4.
The Office with which an option declaration is made shall give the optant a certificate that he has lodged it correctly and that he and the members of his or her family covered by the option are considered to be citizens of the Czechoslovak Republic until its execution.
§ 5.
(1) The options will only come into effect if the Ministry of the Interior agrees with them, which may be empowered by a decree in the Official Journal by another public authority.
(2) If an option has been agreed upon, the Authority (paragraph 1) shall issue an option certificate to the optant without delay, indicating also the members of the family to whom the option is subject.
§ 6.
(1) If the person who, under the provisions of this Regulation, remains a Czechoslovak national, has no home law in a municipality within the territory of the Czechoslovak Republic, his domestic jurisdiction shall be determined in the following order:
(a) where she last had home law,
(b) where her parents, in the case of her grandparents, have or have last had their home rights;
(c) where he resides;
(d) where she was last resident,
(e) where her parents are last resident or, in the case of her grandparents,
(f) where he has real estate.
(2) If it is not possible to establish domestic jurisdiction pursuant to paragraph 1, it shall be determined by the authority which has given its assent to the option, according to free discretion.
§ 7.
(1) An option declaration is entitled to be made by a person of 18 years of age.
(2) The option of the spouse also applies to the divorced spouse. The father's options apply to married and adopted children who have not reached the age of 18, to the illegitimate mother's options to her illegitimate children aged 18. If the spouse or father cannot apply for an absence or other obstacle, the spouse or mother is entitled to the option.
(3) For persons who are not 18 years old and for persons who are not entitled, in the absence of the persons referred to in paragraph 2, the option shall be exercised by their legal representative, even if he does not have the right of the option himself.
§ 8.
Persons who exercise the rights of option within the meaning of this Regulation shall transfer their residence within 12 months of the date on which the decision to consent to the option was delivered to the State of which they accepted citizenship, in which they may take all their movable property with them. This property is therefore not subject to any export duty or charge. He will receive compensation for real estate.
§ 9.
This Regulation shall enter into force on the day of its publication; they shall be carried out by the Home Secretary in agreement with the Foreign Minister.
Fierlinger v. r.
David v. r.
Gottwald v. r.
Broad v. r.
Dr Šrámek v. r.
Ursines v. r.
Masaryk v. r.
Gen. Svoboda v. r.
Dr. Ripka v. r.
Nosek v. r.
Dr. Šrobár v. r.
Dr. Unedible v. r.
Dr Stránská v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Dr Pietor v. r.
Gen. Hasal v. r.
Hala v. r.
Dr Šoltész v. r. o.
Dr Procházka v. r.
Majer v. r.
Dr Clementis v. r.
Lt-Gen Ferjenčík v. r.
Lichner v. r.

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Regulation Information

CitationGovernment Decree No. 61 / 1945 Coll., on the preparation of an option under the agreement between the Czechoslovak Republic and the Union of Soviet Socialist Republics on Zakarpatská Ukraine of 29 June 1945
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation01.09.1945
Effective from01.09.1945
Effective until-
Status Valid
The regulation text is for informational purposes only.
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