Act No. 72 / 1946 Coll.
Law on the regulation of certain legal conditions of officers and roters from the profession and on the taking over of certain persons into Czechoslovak military power
Valid
Effective from 13.04.1946
72.
Law
of 6 March 1946
on the adaptation of certain legal conditions of officers and masters of the profession and on the taking over of certain persons into Czechoslovak military power.
The Provisional National Assembly of the Czechoslovak Republic decided on the following Act:
On the profession of active duty and leaving in the active service of certain officers and masters of the profession.
(1) On 29 September 1938, professional officers and masters who were in active employment in the Czechoslovak army shall remain in the proportion of professional officers and masters, if they are called into active service in the Czechoslovak armed forces under the provisions of this law.
(2) Those of them who were included in the Czechoslovak army during the period from 16 March 1939 to 4 May 1945 for the performance of their duties shall remain officers and rotmasters of the profession if they remain in active service under the provisions of this Act.
(3) The provisions of paragraph 2 shall also apply to persons who have at this time become officers or professional Rotmasters of Czechoslovak Army troops abroad.
(1) Military persons left in active employment are entitled to the service and pay resulting from their service in Czechoslovak units in the period after 15 March 1939, and shall be considered as if they had not ceased active service as Czechoslovak officers or professional masters since 29 September 1938.
(2) The professional and salary ratios of military persons called to active duty shall be adjusted to the day of the occupation in active service, unless otherwise provided for in this Act, as if, without interruption of the Czechoslovak officers or actuaries in active service, account shall be taken of the promotion (provisions of the professional officer) acquired in that army by 29 August 1944 at the latest.
(1) Until military personnel are called into active service under the provisions of this Act, they shall be out of active service unless otherwise provided for in this Act. Their service and salary ratios are governed by measures taken on them between 30 September 1938 and 4 May 1945.
(2) Military persons who will not be left in active employment shall be transferred, unless otherwise provided for in this law, to the service, if they have at least 10 years to be credited for the entitlement to the service and its purpose, if they do not have at least 10 such years, shall be transferred to the deposit with the supplier. Entitlement to the service (service) and its scope shall be governed by the provisions of the Act of 17 February 1922, No 76 Coll., on military benefits provided for, and provisions amending or supplementing it.
(3) The net ratio of military persons not called into service shall be adjusted, unless otherwise provided for in this Act, provided that the measures between 30 September 1938 and 4 May 1945:
(a) have been redeemed as former Czechoslovak military gayists, to the ratio of retired military gayists,
(b) have been transferred to another state or public service or have been released with a salary of severance pay, to the ratio of the military gayists in reserve.
Military persons who do not submit applications under the provisions of this Act shall be removed from military rank by administrative measures of the Minister of National Defence pursuant to Article 33 of 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 Decree of the Minister of National Defence of 8 April 1935, No 65 Coll., on the reversion of the military disciplinary act.
The Receiving and Appeal Commission may make a proposal to the Minister of National Defence that a military person be deprived of the military rank of administrative measures under Article 33 of Law No 154 / 1923 Coll. as amended (Decree of the Minister of National Defence No 65 / 1935 Coll.), if there are particular reasons for such measures, in particular if the military person violated his or her duties as a national and civil at the time of occupation (§ 6, paragraph 5).
(1) Those who will not be called to active service or retained in it for the reasons set out in Sections 12, 1, 2, 4 to 12 shall be brought before the disciplinary committees pursuant to Act No 154 / 1923 Coll. as amended (Decree of the Minister of Defence No. 65 / 1935 Coll.).
(2) If the sentence laid down in § 23 (1) (f), (g), (2) (d), (e), (4) (d) of Act No 154 / 1923 Coll. as amended (Decree of the Minister of National Defence No. 65 / 1935 Coll.) is imposed in the present proceedings, it may be stated to military persons who are not in the civil public service or other public service, that the sentenced person may not be a teacher or professor of public schools for the period stated therein in the service relationship with the State, countries, counties and municipalities, their or their departments, corporations, funds and establishments.
(3) Where a penalty is imposed on such persons for the reduction or loss of service or provision salaries, this means the reduction or loss of military service or provision salaries.
(4) In the case of military persons who are in a public service or other public service, the disciplinary committee shall send a copy of the authentic finding to the competent authority (authority) for action under the rules on disciplinary and cleansing management applicable to that authority (authority).
(5) The Minister of National Defence may deprive a military person of military rank pursuant to Article 33 of Act No. 154 / 1923 Coll. as amended (Decree of the Minister of National Defence No. 65 / 1935 Coll.) if there are particular reasons for such a measure, in particular if the military person violated his duties as a national and civil at the time of occupation.
(6) The Minister for National Defence may take the measures referred to in the preceding paragraph on a proposal from the Reception or Appeal Board or request their comments.
The service of military persons who have been transferred to another public service, in particular pursuant to the Government Decree of 6 June 1939, No 139 Coll., on the placement and other arrangements of military staff and longer serving servants, and under the Government Decree of 23 June 1939, No 145 Coll., on the transfer of officials of the judicial service of the profession to the civil service, shall be deemed to have died for those left in active employment; for those who are called into active service, the entry into active service shall be cancelled with effect from the day of the occupation into active service.
Until the time during which officers and professional masters are obliged to continue active service pursuant to Article 17 of the Act of 19 March 1920, No 193 Coll. (Defense Act), the period from 15 March 1939 to 4 May 1945 shall not be counted as from 15 March 1945 unless it concerns the time spent in public services or in the army of the Slovak State.
On the taking over of certain persons as officers or masters of the profession.
The officers or Rotmasters of the Army of the Slovak State, who were not Czechoslovak officers or professional Rotmasters on 29 September 1938, will become officers or Rotmasters of the occupation in Czechoslovak military power if they are to be taken over under the provisions of this law.
Staff and salary ratios of persons who, under the provisions of this Act, will be taken over as officers or masters of the profession, shall in principle be adjusted to take over as if, from the date on which, in the army, the Slovak State became officers or masters of the profession, they were active as Czechoslovak officers or masters of the profession, taking into account the promotion (provisions of the professional officer) acquired in the army, no later than 29 August 1944.
(1) Officers or Rotmasters who have become officers or masters of the profession in the army of the Slovak State and have not been taken over in the Czechoslovak military power under the provisions of this law may be taken over if they have at least 10 years of entitlement to the service and its status, as retired military gayists, if they do not have such 10 years as military gayers in reserve with the benefits, in both cases in the rank acquired in the army of the Slovak State until 29 August 1944.
(2) Entitlement to the provision of salaries and allowances shall be governed by the provisions of the Law of 17 February 1922, No 76 Coll., on the military benefits of the provision, and by the provisions amending or supplementing it.
General provisions.
It cannot be called into active service (in active service left, taken over into Czechoslovak military power):
1. who has applied for or applied for German or Hungarian citizenship since 1929 for any census;
2. who has been at the heads of the National Labour Union, the Centre of Public Employees, the Hlink Party, the Union of Agriculture and Forestry, unless it has been seconded or designated by the leaders of the domestic or foreign resistance, or who has been voluntarily a member of the Kuratorium for Youth Education, the Union for Cooperation with Germans, the Czech Union of Warriors, the Flags, the Family Defense, the Czech League against Bolshevism, the German-Czech Society, the Hlink Guard, the German-Slovak Society and other fascist Organisations of a similar nature (§ 4 Decrec of the President of the Republic of 19 May 1945, No. 5 Coll., on the nullegality of certain property legal acts of the period and on the national administration of German, the property values, the Hungers and of certain organizations and institutions);
3. who did not participate in the domestic resistance or the Slovak national uprising and in both cases the uprising in May 1945, although he had the opportunity to participate in these uprisings. The provisions on participation in domestic resistance shall not apply to members of Czechoslovak army troops abroad;
4. who, at the time of infreedom, held a leading role in public services or in the government's army, unless they did so with the agreement of the leaders of the domestic or foreign resistance. The provisions of this paragraph shall not apply to military functions of the Slovak State until 29 August 1944;
5. who took part in the hostile economic war business, took a leading position in the war industry, working for the German and Hungarian armies, performing fortifications for the Germans and Hungarians, unless they were forced by the Office and could not avoid them, or who was enriched in the context of infreedom;
6. who, directly or indirectly, although not a member of the organisations listed under No 2, has engaged in any activity against the Slovak national uprising, has supported, or has advocated in words, the regime of Nazis, fascists, traitors and collaborators, or has manifested itself as a person of anti-democratic or anti-grassroots or stateless or nationwide insecurity;
7. those who were invited by domestic or foreign resistance officials to leave the border to participate in the foreign resistance have disobeyed this call;
8. Who, after 15 March 1939, was in an allied or neutral foreign country and returned in a period of non-freedom in the territory of the Czechoslovak Republic without a special task imposed on him by officials of the domestic or foreign resistance or by representatives of the states that were allies of the Czechoslovak Republic in the war;
9. who refused service in the Czechoslovak army abroad or did not enter, although he had the opportunity;
10. Who left before the advancing Czechoslovak army or the Allied armies, though he did not have to do so;
11. whose wife has since 1929, in any census, applied for the nationality of German or Hungarian or became a member of groups or departments or political parties bringing together German or Hungarian nationals. The Minister of National Defence may, after hearing the Admission Commission, allow an exception to this provision if the wife has made herself known in an official report for the Czech Republic or Slovakia at the time of the increased threat (Paragraph 18 of 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 the extraordinary people's courts), or if she has proved that she has remained faithful to the Czechoslovak Republic, she has never been guilty against the people of Czech or Slovak origin and has either been involved in the fight for the liberation of the Czechoslovak Republic or suffered under Nazi or fascist terror, or has not persisted marriage in the period beginning of 15 March 1939;
12. whose children, at the time of the increased threat to the Republic (§ 18 of Decree-President No. 16 / 1945 Coll.), attended German or Hungarian schools with the consent of the President of the Republic, although they had the possibility to visit schools with the Slavic language of instruction, or whose underage children who were subject to his paternity power at that time requested to be admitted to German higher education.
(1) Of the military persons who cannot be called up under Paragraph 12, No 3 will, in the event of an urgent need due to the shortage of officers and professional masters on a reasoned proposal from the Commission of Reception or Appeal, be engaged in active service of a military person in rank to the Lieutenant Colonel, who by 5 May 1945 did not exceed the 55th year of age, unless they otherwise comply with the provisions of this Act, if they took part in the uprising in May 1945 or effectively supported the fighting efforts of the Allied or our armies to liberate the Czechoslovak Republic.
(2) Military persons called in accordance with paragraph 1 may not hold command posts starting from the command of the regiments and departments equal to or corresponding to them in military administration for a period of 6 years. In cases of special consideration, the Minister for Defence may shorten that period, but not for less than 3 years.
(3) In the case of military persons who have been called into active service as referred to in paragraph 1, it is excluded from the period attributable to an increase in the service period of 6 years. In cases of special consideration, the Minister for Defence may shorten that period, but not for less than one year.
In accordance with the provisions of this Act, the Minister of National Defence shall decide on the profession for active service (leaving active service, taking over the Czechoslovak military authority) taking into account the proposals of the committee of admissions or appeals.
(1) Military persons and persons referred to in Part II of this Act are required to submit applications within 30 days of the date of the publication of the law, indicating all necessary data.
(2) The application shall be submitted in due time if the person who did not submit the application within the time limit referred to in paragraph 1 has demonstrated that the application could not be submitted within that time limit for an insurmountable obstacle and has submitted it within 14 days of the expiry of the obstacle.
(3) The Minister of National Defence will determine the details by decree in the Official Journal of the Czechoslovak Republic and in the Ministry of National Defence.
(1) The applications shall be reviewed by the Admission Commission for Officers and Professional Rotmasters at the Ministry of National Defence.
(2) The composition and members of the commissions shall be determined by the Government on a proposal from the Minister for National Defence. As regards the Commission for Officers and Rotmasters of Slovak nationality, the Minister for Defence will make this proposal in agreement with the Presidency of the Slovak National Council.
(3) The Commission is governed by the Rules of Procedure issued by the Minister for National Defence.
(4) The Commission, acting on the application, will decide that it proposes to the Minister of National Defence that a person be called to active service under the provisions of this law or not to be called (it was left or not in active service, it is taken over or not taken over by the Czechoslovak Armed Forces).
(5) The Commission will inform the person in writing, stating the reasons and instructions on the right of appeal (Article 17), of the proposal not to be called into active service (not to be left in active service, not to be taken over by the Czechoslovak military authority) or to be called only under Paragraph 13.
(6) The proposal for a person to be called into active service (left in active service, taken over into Czechoslovak military power) and the authentic proposal referred to in paragraph 5 shall be submitted by the Commission to the Minister of National Defence.
(1) Against the order of the Admission Commission not to call a person to active duty (not to be left in active service, not to be taken over by the Czechoslovak Armed Forces) or to be called only in accordance with Paragraph 13, an appeal to the Appeal Board, which will also be set up with the Ministry of National Defence, is admissible. The period of appeal shall be 15 days from receipt of the notification of the receiving committee. The days of postal service shall not be counted against the period of appeal. The appeal shall be lodged with the Admission Committee.
(2) The composition and members of the Board of Appeal shall be determined by the Government, acting on a proposal from the Minister for National Defence, who shall do so in agreement with the Bureau of the Slovak National Council.
(3) The appeal panel shall be governed by the Rules of Procedure issued by the Minister for National Defence.
(1) The Appeals Board shall examine the appeal and confirm the order of the Admission Board or comply with the appeal and propose that the person concerned be called to active service (in active service she was left to serve, to be taken over by the Czechoslovak Armed Forces).
(2) The appeal committee will submit its resolution to the Minister for National Defence.
(3) The appeal panel may supplement the investigation carried out by the receiving committee either on its own or impose a supplement to the receiving committee.
The receiving and appeal committees may refer to the request for individual investigation tasks to military headquarters, offices, institutes and courts, as well as civil courts and public authorities.
(1) Where this Act refers to a profession or non-establishment in an active service, that is to say a profession or non-establishment in an active service under that law.
(2) Where this law refers to retention or non-leaving in active employment, this shall mean leaving or not leaving an officer or a professional sergeant in the ratio of that law.
(3) If this law refers to taking over a Czechoslovak military power, this means taking over an officer or a professional sergeant to a Czechoslovak military power in accordance with the provisions of this law.
(4) If the law refers to military persons, this means military persons who were in active service in the Czechoslovak army on 29 September 1938 as officers or masters of the profession.
(1) The person who will be called to active duty (in active service left to active service, taken over by Czechoslovak military power) is obliged to enter active service (in active service continue).
(2) In agreement with the central office concerned, the Minister for National Defence will release a person who will be decided, under the provisions of this Act, to be called into active service (in active service, retained, taken over by the Czechoslovak Armed Forces) temporarily or permanently from active service, if an urgent public interest so requires.
(3) Persons temporarily released will be granted free leave. When entering an active service, they shall be treated as if they had entered an active service on the day of the decision on the profession. Those who have been released permanently will be reassigned.
(1) The Minister of National Defence may call military personnel into active service until they have decided on their occupation in active service under this Act.
(2) Persons called upon by the Minister for Defence who has decided not to be called into active service under this Act will be released from active service.
(3) They are subject to a military service during the period from the time of the entry into service under the provisional profession (paragraph 1) until their release from the service.
The provisions of this Act shall apply mutatis mutandis to military persons who have become Czechoslovak officers or professional Rotmasters between 30 September 1938 and 15 March 1939.
The government will adjust the details by regulation.
(1) This Act shall take effect on the day of its publication. Decisions concerning the occupation of an active service (retaining active duty, taking over the Czechoslovak armed forces) may be taken by 31 December 1948 at the latest; after that date, a new decision on such matters may be taken only in cases of retrial and where the Supreme Administrative Court abolishes the decision of the Minister of Defence.
(2) The Act will be implemented by all members of the Government.
Dr Beneš v. r.
Fierlinger v. r.
Gottwald v. r.
Dr Stránská 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 Drtina v. r.
Kopecký v. r.
Laušman v. r.
Děuriš v. r.
Dr Pietor v. r.
Gen. Hasal v. r.
Dr Šoltész v. r. o.
Dr Procházka v. r.,
Also on behalf of Minister Hal
Majer v. r.
Dr Clementis v. r.
Lt-Gen Ferjenčík v. r.
Lichner v. r.
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Regulation Information
| Citation | Act No. 72 / 1946 Coll., on the treatment of certain legal conditions of officers and professional roters and on the taking over of certain persons into the Czechoslovak armed power |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.04.1946 |
|---|---|
| Effective from | 13.04.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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