What is Act No. 65 / 2022 Coll.?

Act No. 65 / 2022 Coll., on certain measures relating to armed conflict in Ukraine caused by the invasion of Russian troops — Law on certain measures relating to armed conflict in the territory of Ukraine caused by the invasion of Russian troops.

When it became Act No. 65 / 2022 Coll. effectiveness?

Act No. 65 / 2022 Coll. became effective 21.03.2022.

Is Act No. 65 / 2022 Coll. still valid?

Yes, Act No. 65 / 2022 Coll. is still valid and effective.

How many times was it Act No. 65 / 2022 Coll. amended?

Act No. 65 / 2022 Coll. has 12 time versions of the text.

Act No. 65 / 2022 Coll. - Law on certain measures relating to arme...

65

THE LAW

of 17 March 2022

on certain measures relating to armed conflict in the territory of Ukraine caused by the invasion of Russian troops

Parliament has decided on this law of the Czech Republic:

§ 1

Subject matter

(1) This law implements the relevant European UnionRegulation (1) and, in the context of the armed conflict in Ukraine caused by the invasion of Russian troops on 24 February 2022, provides for:

(a) the conditions for granting the temporary protection of aliens referred to in Article 3, following Council Implementing Decision (EU) 2022 / 382 of 4 March 2022 establishing that there has been a case of a mass influx of displaced persons from Ukraine within the meaning of Article 5 of Directive 2001 / 55 / EC and establishing their temporary protection and following a decision by the Council of the European Union to extend temporary protection or to reintroduce it as a condition for its extension or award;

(b) the provision of accommodation and related services to persons granted temporary protection;

(c) assisted voluntary return;

(d) specific rules on the provision of health services;

(e) registration of vehicles bearing the registration number of Ukraine ("the registration of Ukrainian vehicles");

(f) long-term residence in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops ("special long-term residence"); and

(g) the specific rules governing the acquisition of citizenship of the Czech Republic in connection with the armed conflict in the territory of Ukraine caused by the invasion of Russian troops ("the special rules governing the acquisition of citizenship").

(2) The provisions of this law shall apply, as a priority, to the provisions of other legal provisions referred to in paragraph 1, unless otherwise provided for in that law.

Temporary protection

§ 2

Temporary protection means the right to reside in the territory of the Czech Republic under the Law on the Temporary Protection of Foreigners for the purpose of providing temporary protection in the territory of the Czech Republic following a decision of the Council of the European Union pursuant to § 1 (1) (a).

§ 3

(1) The Ministry of Interior or Police of the Czech Republic grants temporary protection to foreigners, to whom a decision of the Council of the European Union under Paragraph 1 (1) (a) applies.

(2) The Ministry of Interior or Police of the Czech Republic further, if an effective decision of the Council of the European Union pursuant to Paragraph 1 (1) (a) is taken, grants temporary protection to a stranger who will demonstrate that:

(a) hold a valid permanent residence permit on the date specified in the Council of the European Union decision pursuant to Article 1 (1) (a); and

(b) his travel to the State of which he is a national or part of his territory, or, in the case of a person without citizenship, to the State or part of his territory of his last permanent residence prior to his entry into the territory of Ukraine, is not possible because of the threat of a real danger under Section 179 (2) of the Act on the residence of foreigners in the territory of the Czech Republic.

(3) The Ministry of the Interior will send a notification to the European Commission of the risk of exhaustion of the capacity to manage the consequences of a mass influx of displaced persons and the need for measures to ensure a balance between Member States in making efforts to receive such persons. The first sentence of the notice shall be published by the Ministry of the Interior on its website.

Procedure for temporary protection

§ 4

(1) The provisions of the Act on the residence of foreigners in the territory of the Czech Republic on the issue of a visa for a stay of more than 90 days shall apply mutatis mutandis to the procedure for granting temporary protection for the purpose of continuing residence in the Czech Republic.

(2) In the case of temporary protection under this Act, the provisions of:

(a) § 1 (3), § 2 (1) (b), § 2 (2), § 4 (3), § 6 and 8, § 12 (a), (b), (d) and (g), § 13 to 15, § 16 in the grant section, § 21 (1) (b), § 21 (2), § 24 to 26, 28, 29, 31, 34 to 38, § 40 (2), § 41 to 48, § 49 (2) to (8), § 50, § 51 (2) (d), § 55, 57 and 58 of the Act on the temporary protection of foreigners, and

(b) Sections 43, 56 (1) (c) and (k), 62 (4) first sentence, 123a (2) and 154 (4) (b) of the Act on the residence of foreigners in the Czech Republic.

(3) Unless otherwise provided for in this Act, the Act on the Temporary Protection of Foreigners shall apply to the granting of temporary protection under this Act. The law on the residence of foreigners in the Czech Republic shall apply in matters not governed by the Act on the temporary protection of foreigners.

(4) For the purposes of the Act on the residence of foreigners in the territory of the Czech Republic, a person with temporary protection under this Act shall be considered to hold a visa for a stay of more than 90 days for the purpose of suffering residence in the territory of the Czech Republic pursuant to § 33 (1) (a) of the Act on the residence of foreigners in the territory of the Czech Republic.

(5) The Ministry of Interior or Police of the Czech Republic may provide for a place where a request for temporary protection may be submitted under this law. The Ministry of the Interior operates a facility for receiving and processing applications for temporary protection. The operation of the facilities shall include the creation of capacities for receiving and handling applications for temporary protection, the provision of capacity for shelters intended for persons displaced from Ukraine awaiting the submission of an application for temporary protection and applicants for temporary protection and the provision of accommodation allocation capacities.

§ 5

(1) An application for temporary protection is unacceptable if:

(a) is not submitted in person;

(b) is submitted by a stranger not listed in Section 3;

(c) it is submitted by a stranger who has applied for temporary or international protection in another Member State of the European Union;

(d) it is submitted by a stranger who has been granted temporary or international protection in another Member State of the European Union;

(e) is made by a foreigner who is a citizen of the European Union, a State which is bound by an international treaty negotiated with the European Union2), from which he shows the right to free movement equivalent to that of citizens of the European Union, or a State which is bound by the Agreement on the European Economic Spaces3), or

(f) it is submitted by a stranger who is or has held temporary protection in another Member State of the European Union or in a State applying Schengen Borders Code 5) in full, after the Ministry of Interior has notified the European Commission pursuant to Article 3 (3).

(2) The Ministry of the Interior or the Police of the Czech Republic will return an unacceptable request to the foreigners and inform them of the reason for the inadmissibility; judicial review is excluded.

(3) The Ministry of the Interior or the Police of the Czech Republic may waive the obligation to submit a personal application for reasons of special consideration.

(4) The grant of temporary protection shall be indicated in the travel document by a visa sticker with a period of validity until 31 March of the following calendar year. If it is not possible to mark a visa sticker with regard to the local conditions for granting temporary protection, an alert may be made on the granting of temporary protection on or outside the travel document.

(5) The Ministry of Interior or Police of the Czech Republic issues a temporary protection certificate to the applicant, unless he can grant temporary protection on the spot. The decision on temporary protection of the Ministry of Interior or Police of the Czech Republic shall be issued without undue delay, in particularly difficult cases within 60 days of the date of application for temporary protection.

(6) The Ministry of the Interior or the Police of the Czech Republic will inform the alien enjoying temporary protection in writing in the language in which he is able to communicate, the rights and obligations relating to the provision of temporary protection and the sharing of information on a stranger in respect of temporary protection with the competent authorities of the Member States of the European Union.

(7) The law on the temporary protection of foreigners shall apply to the non-granting or withdrawal of temporary protection.

(8) The right of residence for the purpose of temporary protection further ceases to exist

(a) making an application for temporary protection in another Member State of the European Union;

(b) by granting temporary protection to another Member State of the European Union;

(c) by making an application for international protection in another Member State of the European Union bound by Regulation (EU) No 604 / 20134 of the European Parliament and of the Council;

(d) by granting a visa for residence above 90 days, a residence permit or an international protection permit in the Czech Republic or another State; or

(e) after 90 days, the place of residence of the alien was the registered office of the administrative authority referred to in Article 6 (4).

§ 5a

(1) The application for a residence permit in the Czech Republic lodged at the representative office in Ukraine is unacceptable. When determining the admissibility of the application, the provisions of Section 169h (5) of the Act on the residence of foreigners in the Czech Republic shall be applied mutatis mutandis.

(2) An application for a residence permit in the Czech Republic lodged at the representative office by a stranger who has been granted reimbursement of the costs associated with an assisted voluntary return pursuant to § 6 (11) is unacceptable if the alien has not paid half the costs incurred but no longer than one year from the date of the application pursuant to § 6 (12) or from the date on which, at the request of the alien, the provisions of § 6 (11) are applied. The Ministry of the Interior shall transmit to the Ministry of Foreign Affairs a list of foreigners to whom the payment was made according to the first sentence.

(3) The Government may provide for derogations from the non-acceptance of an application under paragraph 1 or 2 by a regulation.

§ 6

(1) An applicant for temporary protection is required to submit a travel document for the application, if it is its holder, and a photograph on request. An applicant who has not been granted accommodation by a crisis management body in the performance of a task imposed under the Crisis Act at the time of the declared emergency condition or who has not been granted accommodation under § 6b, shall also be required to submit a proof of accommodation under § 31 (5) of the Act on the residence of foreigners in the Czech Republic. Upon request, the alien shall submit a proof of accommodation with an officially certified signature of the person who is the owner or authorized user of the apartment or house; the obligation to submit a written confirmation of consent to the accommodation with the officially certified signature of the authorised person under Section 31 (5) of the Act on the residence of foreigners in the Czech Republic is not affected.

(2) If an alien enjoying temporary protection on the territory of the Czech Republic without a valid travel document and proves that he cannot obtain a travel document with the competent authorities of the country of origin for reasons of his independence, the Ministry of the Interior will issue him, upon request, an identity card in accordance with the Act on the residence of foreigners in the Czech Republic. This does not apply if local conditions do not allow for the issue of a travel card. A stranger is obliged to present a photograph.

(3) The Ministry of Interior or the Police of the Czech Republic are entitled to obtain an image recording of a stranger for the purposes referred to in paragraphs 1 and 2.

(4) The Ministry of Interior and Police of the Czech Republic keep records of applicants for temporary protection and foreigners enjoying temporary protection; In doing so they follow the provisions of the Act on the residence of foreigners in the Czech Republic concerning the registration of long-term visas. The Ministry of Interior and the Police of the Czech Republic may transmit data from this register to the authorities of other Member States if this is necessary for the performance of their tasks.

(5) If an alien who is or has been granted temporary protection by the Czech Republic, or if he is a foreigner referred to in Article 5 (1) (c) or (d), a national of Ukraine who holds a valid residence permit or a holder of a visa for a stay of more than 90 days for the purpose of suffering a stay in the territory of the Czech Republic granted in connection with an armed conflict in the territory of Ukraine caused by an invasion of Russian troops, an application for international protection or if, at the time of the application for temporary protection, an international protection procedure under the Asylum Act is suspended during the period of application for temporary protection; an entry shall be made in the file on international protection. The alien is not an applicant for international protection, even during legal proceedings.

(6) The moment when the residence permit is granted for the purpose of temporary protection is terminated the procedure for the application for extradition or for the extension of the period of validity of the residence permit under the Act on the residence of foreigners in the Czech Republic. Paragraph 169r (3) of the Act on the residence of foreigners in the Czech Republic shall apply mutatis mutandis.

(7) If, during the period of 24 February 2022 until the date of entry into force of this Act, aliens referred to in Article 3 have been granted a visa to stay for more than 90 days for the purpose of continuing residence in the Czech Republic pursuant to Article 33 (1) (a) of the Act on the residence of foreigners in the Czech Republic, the administrative authority shall stop the proceedings for its application for the issue or extension of residence permits under the Act on the residence of foreigners in the Czech Republic. This does not apply if, prior to the issuing of the visa, an order for the issuing of a long-stay visa or a long-stay visa has been issued to the representative office pursuant to Article 30 (2) of the Act on the residence of foreigners in the Czech Republic and the alien takes over the residence permit or visa within two months of the issuing of the visa. An entry in the file shall be made for the termination of the long-stay visa procedure.

(8) If, in the period from 24 February 2022, aliens have been granted a visa in connection with an armed conflict in the territory of Ukraine resulting from an invasion of Russian Federation troops to reside for more than 90 days for the purpose of suffering residence in the territory of the Czech Republic pursuant to § 33 (1) (a) of the Act on the residence of foreigners in the territory of the Czech Republic, or under § 33 (3) of the Act on the residence of foreigners in the territory of the Czech Republic, the provisions of § 43 and § 62 (4) of the First Act on the residence of foreigners in the territory of the Czech Republic shall not apply. In addition to the application for a visa pursuant to the first sentence for the reasons set out in Paragraph 33 (1) (a) of the Aliens' Residence Act in the Czech Republic, the alien is required to submit proof of the accommodation provided for in paragraph 1. The proof of accommodation referred to in paragraph 1 shall also be submitted by the alien before the granting of the long-stay visa under the first sentence for the reason set out in Paragraph 33 (3) of the Act on the residence of foreigners in the Czech Republic, otherwise the visa shall not be granted.

(9) The issuing of a visa referred to in paragraph 8 shall be certified by a visa sticker marked on or outside the travel document. Where it is not possible to certify a visa with respect to the local visa conditions, an alert on the issuing of a visa may be made on or outside the travel document.

(10) The provisions of the Act on the residence of foreigners in the Czech Republic shall apply mutatis mutandis to the notification of a change of residence in the Czech Republic. A stranger who has been granted temporary protection under this Act shall report the change of place of residence in the Czech Republic to the Ministry of the Interior within 3 working days of the date of the amendment, by supporting the proof of accommodation referred to in paragraph 1. If the documented document does not fulfil the conditions laid down in paragraph 1, the notification of the change of residence shall not be taken into account and Paragraph 6a (4) shall apply. The obligation applies to foreigners if the expected change of place of residence in the Czech Republic is more than 15 days. The change in the place of the registered stay may also be made by means of remote access by completing the electronic form to the extent indicated in the application form together with proof of the accommodation document referred to in paragraph 1. The electronic form of the Ministry of Interior will be published in the manner set out in Section 182 (2) of the Act on the residence of foreigners in the Czech Republic. The obligation to report further changes under the Act on the residence of foreigners in the Czech Republic applies mutatis mutandis to a person enjoying temporary protection.

(11) If the Government so provides, the Ministry of the Interior shall provide for a assisted voluntary return for foreigners, which means the payment of some of the costs associated with their return, usually on the territory of Ukraine, and the assistance needed to do so. At the same time, the government shall determine the types of eligible costs to be paid in the context of the reimbursement of the costs associated with the return of the alien and the maximum amount of funds spent on the assisted voluntary return. An assisted voluntary return can only be provided once.

(12) In order to ensure an assisted voluntary return, an alien may be requested from a date to be determined by the Government no later than 3 months after the date of termination or termination

(a) a residence permit for temporary protection granted to him by the Czech Republic; or

(b) international protection granted to him by the Czech Republic in connection with armed conflict in the territory of Ukraine caused by the invasion of Russian troops.

(13) At the time when the Ministry of the Interior provides for assisted voluntary return of foreigners under this Act, paragraph 11 shall also apply to requests for voluntary return under Section 54a of the Asylum Act submitted by nationals of Ukraine, foreigners requesting voluntary return to Ukraine or seeking voluntary return if they are present in the territory of the Czech Republic in connection with an armed conflict in the territory of Ukraine caused by the invasion of Russian troops.

(14) The provisions of the Act on the registration of residents governing the allocation of birth numbers to foreigners shall not apply to a stranger to whom:

(a) temporary protection has been granted; or

(b) a visa has been issued in connection with an armed conflict in the territory of Ukraine caused by the invasion of Russian Federation troops to reside for more than 90 days for the purpose of maintaining residence in the territory of the Czech Republic pursuant to § 33 (1) (a) of the Act on the residence of foreigners in the territory of the Czech Republic which does not entitle them to stay for temporary protection or under § 33 (3) of the Act on the residence of foreigners in the territory of the Czech Republic.

(15) Data relating to the temporary protection procedure shall be recorded in paper, electronic form or in a way combining both forms. The revised data shall be kept in paper form for a period of 5 years from the date of expiry or non-temporary protection.

(16) If an alien who, in the period from 24 February 2022, has been granted a visa in connection with an armed conflict in the territory of Ukraine due to an invasion of Russian Federation troops to reside for more than 90 days for the purpose of suffering residence in the territory of the Czech Republic pursuant to § 33 (1) (a) of the Act on the residence of foreigners in the territory of the Czech Republic, who does not qualify for temporary protection in the context of an armed conflict in the territory of the Czech Republic, or pursuant to § 33 (3) of the Act on the residence of foreigners in the territory of the Czech Republic, he shall stay in the territory without a valid travel document and prove that he cannot obtain a travel document with the competent authorities of origin for reasons of his own accord, at the request of the Ministry of Interior. This does not apply if local conditions do not allow for the issue of a travel card. A stranger is obliged to present a photograph.

§ 6a

(1) The Ministry of the Interior shall cancel in the information system of foreigners an indication of the place of registered residence in the Czech Republic if:

(a) the entry of this information has been made on the basis of false or incorrect information;

(b) the object at which the alien is declared to be resident in the Czech Republic has been removed or disappeared; or

(c) the right to use the object or the defined part of the object at whose address the alien is declared to be resident in the Czech Republic has expired and does not use the object or its defined part.

(2) The Ministry of the Interior shall cancel the location of the registered residence referred to in paragraph 1 (c) on the basis of a declaration by the owner or person authorised to use the premises or its designated part.

(3) The Ministry of the Interior will also cancel the location of the declared residence if the alien does not stay longer than 15 days at the place of the reported residence, based on information

(a) Police of the Czech Republic,

(b) the organisational components of the State or State enterprise in which the alien was staying; or

(c) the municipality where the stranger has a registered residence in the Czech Republic.

(4) The place of residence of the stranger after cancellation of the information on the place of the registered residence in the Czech Republic shall be the seat of the administrative authority which officially cancelled the data; in the alien information system, this information is indicated as the address of the Office.

(5) The provisions of Parts Two and Three of the Administrative Rules shall not apply to the procedure referred to in paragraphs 1 to 3.

§ 6b

Accommodation

(1) The provision of accommodation under this Act is a public service. The accommodation is provided in the buildings included in the accommodation registration information system (hereinafter referred to as "the register"). Objects that meet the requirements for permanent housing and are intended for use in accordance with the building law or are established as an apartment by their construction and equipment shall not be considered as intended for accommodation under this law. The scope of the related services provided and the distribution of accommodation capacity in the territory shall be laid down by the Government by regulation.

(2) Accommodation shall be provided free of charge only once and for a maximum period of 90 days consecutive from the date of first granting of temporary protection under this Act (hereinafter referred to as "maximum period '), in particular in the premises which serve as accommodation. The accommodation time of the same person in each of the objects included in the register is added up.

(3) The Hejtman of the Region and the Mayor of the City of Prague (hereinafter referred to as "the Governor"), on the basis of a decision of the Government, provides accommodation capacity in the region or capital of Prague (hereinafter referred to as "the region") under this law. The mayors of the municipality with extended scope, urban areas and urban districts cooperate with the captain to provide accommodation capacity according to the first sentence.

(4) The assignment of accommodation, the change of accommodation and the removal of a person from the accommodation is provided by the Ministry of Interior, the Fire Department of the Czech Republic or the Police of the Czech Republic (hereinafter referred to as the "Granting Authority"), through registration. The Regional Office or the Municipality of the City of Prague (hereinafter referred to as the "Regional Office") provides the granting authority with the necessary synergies when changing accommodation. Once the accommodation has been allocated, a person with temporary protection shall receive written information containing his or her identification data, the address of the accommodation allocated, the address and identification data of the accommodation operator (hereinafter referred to as "the operator '), and information on the consequences of the refusal of the accommodation allocated and leaving the accommodation.

(5) If a person refuses the accommodation allocated or leaves the accommodation for no serious reason, he shall be regarded as having exhausted the maximum accommodation period. If a person is not present at the place of accommodation for more than 10 days consecutive without informing the operator, the accommodation shall be left. The person shall be obliged to inform the operator in writing before leaving the accommodation. In his absence, the person is obliged to communicate to the operator a change in the duration of the absence.

(6) The operator shall be obliged for the period of inclusion in the register.

(a) allow accommodation to be provided in an object included in the register within the scope of the capacity entered;

b) enter in the register every third day an indication of the currently available accommodation capacity,

(c) enter in the register an indication of leaving the accommodation immediately after leaving the accommodation or from the moment the fiction of leaving the accommodation is applied;

(d) record the time of absence of the person at the place of accommodation immediately after his departure; and

(e) indicate for the building whether it is a building of accommodation.

§ 6c

Provision of additional accommodation capacities

Ministries and other central administrative offices shall, to the extent and under the conditions laid down by the Government's decision, be required to allocate to the organisational units of the State, state contribution organisations and state undertakings within their scope the accommodation capacity and to ensure the conditions for their use.

§ 6d

Registration

(1) The registry administrator is the Ministry of the Interior. Registration shall include:

(a) details of location, type, total accommodation capacity and currently available accommodation capacity;

(b) operator identification data; and

(c) identification of persons using accommodation, including start-up and end-use of accommodation, total time of accommodation, refusal of accommodation and leaving accommodation.

(2) An accommodation whose capacity is provided by a Member State pursuant to Article 6b (3) shall be entered in the register by the Regional Authority on the basis of a written agreement between the Member State and the operator or, where appropriate, by a written agreement between the operator and the mayor of the municipality with extended scope, the urban area or the urban district, where the latter has entrusted it with the conclusion of the agreement. The removal of accommodation from the register before the expiry of the period for which the accommodation was entered in the register and, where appropriate, the capacity reduction, shall be carried out by the Regional Authority on the basis of a written request by the operator, with effect from the 15th day following receipt of the request.

(3) The accommodation provided by ministries or other central administrative offices is entered in the register and excluded from the register by the Ministry of the Interior at the initiative of the Ministry or of another central administration.

(4) The Regional Office, the Municipal Office of the Municipality with extended competence, the City District Office and the Municipal Office are entitled to carry out their tasks under the law

(a) require and process data from the operator, including before the agreement referred to in paragraph 2 is concluded; and

(b) use data from the register, including personal data.

§ 6e

Flat-rate reimbursement of costs

(1) An operator registered in accordance with Article 6d (2) is entitled to flat-rate reimbursement of accommodation costs per person who provides accommodation free of charge and per night, according to the information kept in the register. These funds are provided by the county and the regional authority responsible for providing them is the regional authority.

(2) The amount of the flat-rate compensation granted under paragraph 1 shall be fixed by the Government by regulation according to the type of accommodation and the type of operator, ranging from CZK 200 to CZK 350 per person and night.

(3) At the latest two months after the submission of the application, the Ministry of Finance shall, upon request, provide the Region with funds equivalent to the regional expenditure referred to in paragraph 1 from the special-purpose reserve of funds to deal with crisis situations and to remedy their consequences in the budget chapter of the General Treasury. The provisions of the budgetary rules on the invitation to submit an application for subsidy shall not apply.

(4) In the case of an operator which is a regional contributory organisation, the funds referred to in paragraph 2 may be provided by the Regional Authority as part of the operating contribution.

§ 6f

Specific rules for accommodation

(1) The Hejtman coordinates the provision of accommodation capacities in the region. The regional authority, the municipal authority of the municipality with extended competence, the city district office and the city district office are entitled to carry out checks on the operator's compliance with the obligations under this Act and the conditions for granting a flat-rate refund under § 6e.

(2) The procedures provided for in paragraphs 6b to 6e shall not be covered by the administrative rules. The conclusion of an agreement pursuant to Article 6d (2) is not the award of a contract.

(3) The performance of the tasks referred to in Sections 6b, 6d and 6e of the regional and municipal authorities is an exercise of delegation.

(4) An operator which is a contributory organisation of a local authority or a state contribution organisation shall be entitled to provide accommodation in the context of its main activity on the basis of the registration itself, without prior modification of the instrument of incorporation.

§ 7

Specific rules for the provision of health services

(1) A stranger who has been provided with health services on the territory of the Czech Republic and who has subsequently been granted temporary protection under this Act shall be deemed to be a person under Section 2 (1) (b) (5) of the Public Health Insurance Act from the date of provision of health services on the territory of the Czech Republic 60 days before the date of granting of temporary protection.

(2) A stranger who has been granted temporary protection under this Act shall be deemed to be a person under Section 2 (1) (b) (5) of the Public Health Insurance Act for the purposes of public health insurance. A person who has reached 18 years of age and has not reached 65 years of age shall be deemed to be resident in the Czech Republic after 90 days from the date of granting of temporary protection for the purposes of public health insurance. A person whose serious health status does not permit the performance of the work in the long term is not regarded as having a permanent residence on the territory of the Czech Republic, and this fact is evidenced by the health insurance company by a statement from the medical file, as well as by one caring person.

(3) A child born in the territory of the Czech Republic by aliens referred to in paragraph 1 or by foreigners who have been granted temporary protection under this Act shall be deemed to be a person for the purposes of public health insurance under Paragraph 2 (1) (b) (5) of the Public Health Insurance Act for a maximum period of 60 days from the date of birth.

(4) For the purposes of public health insurance, a person who has completed 18 years of age and is continuously preparing for a future occupation in the framework of studies in secondary and higher education institutions in Ukraine shall also be considered as an uninsured child.

§ 7aa

Providing outpatient care outside medical facilities

(1) In the context of an armed conflict in the territory of Ukraine caused by the invasion of Russian Federation troops and the resulting migration situation, the Government may declare a state of health threat in order to enable outpatient care to be provided outside medical facilities to persons who, due to the duration of the armed conflict in the territory of Ukraine caused by the invasion of the Russian Federation, have travelled to the Czech Republic and who are temporarily present in the territory of the Czech Republic, in particular in objects listed in the register.

(2) The provision of healthcare referred to in paragraph 1 shall be possible only through outpatient care, on the basis of an authorisation granted by the Regional Office. Paragraph 11a (2) - (7) and Article 11b of the Health Services Act shall apply mutatis mutandis, with the authorisation being terminated no later than the date of the end of the health threat referred to in paragraph 1. Paragraph 11a (8) of the Health Services Act shall not apply.

(3) Where there is a declaration of a state of health threat as referred to in paragraph 1, the Ministry of Health shall lay down measures of a general nature of the fields of care for which authorisation may be granted under paragraph 2 and details of the flat-rate payment referred to in paragraph 4. Paragraph 172 of the Administrative Regulation shall not apply to the issue of general measures under the first sentence. A measure of a general nature as referred to in the first sentence shall take effect on the date of the publication on the official plate of the Ministry of Health and shall cease to have effect on the date of the end of the health threat referred to in paragraph 1.

(4) The health insurance undertaking shall conclude with the health service provider holding the authorisation referred to in paragraph 2 and shall conclude with that health insurance undertaking a contract for the provision and reimbursement of the health services paid under the Public Health Insurance Act, an addendum to that contract, in order to determine the extent of the health services provided at the places referred to in paragraph 1. Health services, medicinal products, medical devices and food for special medical purposes at the places referred to in paragraph 1 shall be paid by health insurance undertakings on a flat-rate basis per day of provision of health services. The details of the flat-rate payment shall be agreed between the health insurance company and the health service provider in the supplement to the contract according to the first sentence. If the details of the flat-rate payment are not agreed in the addendum to the contract referred to in the first sentence, the details of the flat-rate payments provided for by the Ministry of Health shall be used in the general measure referred to in paragraph 3. Paragraph 46 (2) of the First Law on Public Health Insurance on the selection procedure does not apply.

§ 7b

Extension of temporary protection

(1) Where temporary protection at European Union level has not been terminated and has also been extended or the Council of the European Union has decided to extend it, the residence of a stranger who has been granted temporary protection in the previous calendar year or extended temporary protection in the Czech Republic, from 1 April of the current calendar year until 30 September of the current calendar year shall be deemed to be a residence for temporary protection, provided that the alien has registered to extend it until 15 March of the current calendar year in accordance with paragraph 4.

(2) In the event of a new decision of the Council of the European Union on the introduction of temporary protection, if the alien was in the territory of the Czech Republic on the date of entry into force of this Decision on the basis of temporary protection granted by the Czech Republic and covered by it, paragraph 1 shall apply mutatis mutandis.

(3) If, by 30 September of the current calendar year, an alien arrives in accordance with the procedure laid down in this provision to mark a visa sticker, the stay of such a stranger in the Czech Republic shall be considered as temporary protection until 31 March of the following calendar year.

(4) In order to extend temporary protection, an alien is required to register using an electronic form published on the website of the Ministry of Interior (hereinafter referred to as "registration '). No other procedure shall be taken into account. For a child under 15 years of age, registration shall be carried out by his legal representative or by a person who is entitled to act for that child. The registration is completed by sending a registration certificate to an e-mail address that the alien will enter on the registration form. The registration certificate contains the date and address of the Ministry of the Interior, where the alien is to appear for the extension of temporary protection in the form of a visa sticker.

(5) At the time of registration, the stranger is obliged to state the place of registered residence in the Czech Republic and the name and address of the school where the child is registered for compulsory education or, where appropriate, for compulsory pre-school education, if this obligation is already established and lasting.

(6) If there has been a change in the place of residence in the Czech Republic since the date of the last marking of the visa sticker, which he has not declared in accordance with the procedure laid down in § 6 (10), or if his place of residence is determined in accordance with § 6a (4), the alien shall be obliged to provide proof of residence in accordance with § 6 (1) upon arrival of the visa sticker; if the alien does not submit a proof of accommodation in accordance with § 6 (1), the visa sticker shall not be indicated.

(7) For a child under 15 years of age, the visa sticker shall be taken over only by the person who provides evidence that he is the legal representative of that child or the person who is entitled to act for that child.

(8) A stranger who does not appear to mark the visa sticker within the specified time limit or address of the designated office of the Ministry of Interior is obliged to make a new reservation of the term using an electronic form.

(9) An alien who does not register until 15 March of the current calendar year for the extension of temporary protection under this Act shall cease temporary protection by 31 March of the current calendar year. Aliens who, after making their registration by 30 September of the current calendar year, do not appear to mark the visa sticker or the visa sticker has not been marked because of the failure to provide the document referred to in paragraph 6 or 7, temporary protection shall expire on that date.

§ 7c

Visa sticker

(1) The period of validity of the visa sticker certifying the extension of temporary protection shall be indicated no later than 1 April of the current calendar year until 31 March of the following calendar year.

(2) If, in view of the local conditions for the extension of temporary protection, it is not possible to mark the visa sticker, an alert may be made on the extension of temporary protection to or outside the travel document.

§ 7d

New application for temporary protection

(1) If a foreigner who has been granted temporary protection under this Act by the Czech Republic and is no longer entitled to temporary protection, a new application for temporary protection and temporary protection is granted, he has a legal status under this Act, which he had on the registered last day of its consumption. The period during which the alien did not enjoy temporary protection is not considered as a period of residence in the Czech Republic on the basis of temporary protection.

(2) The visa sticker or record of the granting of temporary protection shall be marked since the new granting of temporary protection.

(3) A foreigner who has enjoyed temporary protection in another Member State of the European Union or a foreigner who has resided on the territory of the European Union on the basis of a residence permit issued by the Czech Republic or another Member State of the European Union for a period of more than 90 days at the date of granting temporary protection by the Czech Republic for the purposes of this Act, the Act on measures in the field of employment and social security in connection with the armed conflict in the territory of Ukraine resulting from the invasion of Russian Federation troops and in matters of residence in the Czech Republic has a legal status as an alien to whom temporary protection was granted six months ago. The period during which an alien has enjoyed temporary protection granted by another Member State of the European Union shall not be considered as a period of residence in the Czech Republic on the basis of temporary protection.

§ 7e

Extension of the visa for the purpose of suffering

(1) A visa for a stay of more than 90 days for the purpose of staying on the territory of the Czech Republic pursuant to § 33 (1) (a) of the Act on the residence of foreigners in the territory of the Czech Republic, which does not entitle them to stay for temporary protection or pursuant to § 33 (3) of the Act on the residence of foreigners in the territory of the Czech Republic, granted to a national of Ukraine or his family member in connection with an armed conflict in the territory of Ukraine caused by the invasion of Russian Federation troops since 24 February 2022, shall be deemed valid until 31 March of each subsequent calendar year, if an effective decision of the Council of the European Union pursuant to Article 1 (1).

(2) The alien holding a visa referred to in paragraph 1 may attend the Ministry of the Interior to mark a visa sticker with an extended period of validity; to this act, the stranger is obliged to arrange a predate, otherwise the label will not be marked. The period of validity of the visa shall be indicated on the visa sticker by 31 March of the following calendar year.

(3) If, in view of the local conditions of the visa referred to in paragraph 1, it is not possible to mark the visa sticker, an alert on the issuing of the visa may be made on or outside the travel document.

§ 7f

(1) If an effective decision of the Council of the European Union is taken pursuant to Paragraph 1 (1) (a), a visa to stay more than 90 days is granted for the purpose of maintaining residence in the territory of the Czech Republic pursuant to § 33 (1) (a) of the Act on the residence of foreigners in the territory of the Czech Republic, which does not entitle them to stay for temporary protection, or pursuant to § 33 (3) of the Act on the residence of foreigners in the territory of the Czech Republic, in connection with the armed conflict in the territory of Ukraine caused by the invasion of Russian Federation troops with effect until 31 March of the following calendar year.

(2) If, in view of the local conditions of the visa referred to in paragraph 1, it is not possible to mark the visa sticker, an alert on the issuing of the visa may be made on or outside the travel document.

§ 7g

Extension of temporary protection and visa for the purpose of suffering from an emergency

(1) In the event of an emergency, the Government may provide that temporary protection granted by aliens, registered by 15 March of the current calendar year for the extension of the temporary protection provided for in Article 7b (1), shall be deemed to be extended until 31 March of the following calendar year.

(2) The extension of the temporary protection referred to in paragraph 1 and the re-granting of temporary protection referred to in Article 7d (1) shall not be indicated on or outside the travel document and the obligation to appear on the visa sticker shall cease. Paragraph 7b (4) of the last sentence shall not apply.

(3) The extension of the visa referred to in Article 7e (1) shall not be marked on or outside the travel document of a stranger.

Registration of Ukrainian vehicles

§ 7h

(1) The driver may drive a motor vehicle with the registration number of Ukraine only if the registration of Ukrainian vehicles is registered by a person who is considered to be its operator for the purposes of the Road Traffic Act.

(2) The condition referred to in paragraph 1 shall not be required if the motor vehicle is in international traffic under an international contract which is bound by the Czech Republic and which regulates the field of road traffic and is managed by a person not mentioned in Section 7i.

(3) Furthermore, the condition referred to in paragraph 1 shall not be required if it is a person who has been granted temporary protection under this law or has been issued a visa for the purpose of suffering in connection with an armed conflict in the territory of Ukraine caused by the invasion of the Russian Federation's troops, and no more than 7 days have elapsed since the granting of temporary protection or that visa.

§ 7i

Only a person who is:

(a) a citizen of the Czech Republic,

(b) a stranger who is authorised to reside in the territory of the Czech Republic for more than 90 days or who has been granted international protection by the Czech Republic;

(c) a stranger who has been granted temporary protection or a visa under this law for the purpose of suffering in connection with an armed conflict in the territory of Ukraine caused by the invasion of Russian troops; or

(d) by a person who has his registered office in the Czech Republic or has a split plant.

§ 7j

(1) Any municipal authority of a municipality with extended scope shall immediately enter in the register of Ukrainian vehicles, following notification of a motor vehicle with a registration number of Ukraine and a person deemed to be its operator for the purposes of the Road Traffic Act.

(2) The notification may be made only by the person to be considered as the vehicle operator or with his consent; If the consent has not been signed by that person in front of a member of the municipal office of the municipality with extended scope or in a manner to which the specific legislation links the effects of the handwritten signature, it shall contain its officially certified signature. The notification shall include:

(a) the name, names and surname, address of her residence and the birth number or date of her birth, if the birth number has not been assigned to her, the identity card or travel document number, if it is for a natural person;

(b) the trading firm or the name or, where applicable, the names and surnames, and, where appropriate, the distinguishing addendum, the address of its registered office and its identification number, if any, if any, if it is a natural person involved; or

(c) the company or name, the address of its registered office and its identification number, if any, if it is a legal person.

(3) In addition, the notification shall contain information on the vehicle, which is its registration plate, factory mark, trade mark, type designation and vehicle identification number (VIN).

(4) The notification is accompanied by a vehicle registration certificate.

(5) If the person making the notification so requests, the municipal authority of the municipality with extended competence shall issue it with a certificate of registration of the person who is considered to be the vehicle operator for the purposes of the Road Traffic Act.

§ 7k

(1) The registration of Ukrainian vehicles is a public administration information system, the administrator of which is the Ministry of Transport.

Citation	Act No. 65 / 2022 Coll., on certain measures relating to armed conflict in Ukraine caused by the invasion of Russian troops
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	21.03.2022
Effective from	21.03.2022
Effective until	-
Status	Valid

Act No. 65 / 2022 Coll.

Law on certain measures relating to armed conflict in the territory of Ukraine caused by the invasion of Russian troops

Contents

§ 1

§ 2

§ 3

§ 4

§ 5