What is Act No. 76 / 1959 Coll.?

Act No. 76 / 1959 Coll., on certain service ratios of soldiers — Law on certain service conditions of soldiers.

When it became Act No. 76 / 1959 Coll. effectiveness?

Act No. 76 / 1959 Coll. became effective 01.05.1960.

Is Act No. 76 / 1959 Coll. still valid?

Yes, Act No. 76 / 1959 Coll. is still valid and effective.

Act No. 76 / 1959 Coll. - Law on certain service conditions of sol...

76

Law

of 18 December 1959

on certain service ratios of soldiers

The National Assembly of the Czechoslovak Republic decided on the following Act:

§ 1

The Act regulates certain legal conditions of citizens of the Czech and Slovak Federal Republic serving in the armed forces of the Czech and Slovak Federal Republic from the beginning of the performance and throughout the duration and after the completion of their military active service.

DÍL I

Military oath, civil and political rights of soldiers

§ 2

(1) The military oath is a solemn obligation to discharge the State's defence obligations arising for soldiers, in particular from the Constitution, the laws, the military orders and orders.

(2) Soldiers are required to carry out an oath:

"I, a soldier of the armed forces, aware of my civic and patriotic duties, solemnly declare that I will be faithful to the Czechoslovak Socialist Republic.

I will be a soldier brave and disciplined and I will comply with the provisions of the military order. I will learn to control military technology and weapons and prepare to defend the freedom and independence of the Czechoslovak Socialist Republic.

To defend my country, I'm ready to put my life on the line.

I swear. "

§ 2a

Petitions law

The right to petition active soldiers in matters related to the performance of the service (Paragraph 11 (1)) is limited to requests, proposals and complaints from individual persons.

Right of association

§ 2b

(1) The prohibition of the activities of political parties and political movements (hereinafter referred to as "parties and movements") 1) in the armed forces, for the purposes of this Act, means, in particular, the prohibition of the organisation of political assemblies, the conduct of political agitation in military objects and the activities of armed forces outside military objects. The right to express political beliefs in an interview remains unaffected.

(2) Professional soldiers must not be members of parties and movements.

(3) In political activity, soldiers in active duty and in reserve may not wear military uniforms.

(4) In employment (Paragraph 11 (3)), soldiers in active duty may not carry out political agitation; Supervisors shall not influence soldiers in active service with their political views and prevent them from expressing political beliefs.

§ 2c

(1) The association of soldiers in active service in associations which are not political in nature (hereinafter referred to as "the association") is governed by special laws, (2) unless otherwise provided for by that law.

(2) Activities in associations may only be performed by soldiers in active duty outside of employment.

(3) When operating in associations outside military facilities, soldiers in active duty and in advance may not wear military uniform unless otherwise provided for by the Federal Ministry of Defence or the Federal Ministry of Interior.

(4) The Federal Ministry of Defence and the Federal Ministry of Interior are authorised to suspend:

(a) the membership of a soldier in an active service in an association where his activity in the association distorts the service or is contrary to generally binding legislation;

(b) the activity of an association of soldiers in active duty where it distorts or is contrary to generally binding legislation.

Díl II

Military rank

§ 3

(1) Military rank (hereinafter referred to as "rank") is an expression of moral qualities, military knowledge, experience and ability to command troops or perform duties in the staff and equipment of the armed forces.

(2) Rank shall be granted to soldiers taking into account their moral and professional qualities, the results of the service, merit, functional classification and duration of the military service.

§ 4

The following rank shall be established:

(a) teams: private and private,

b) Petty officers: corporal, sergeant, sergeant,

(c) ensign: sergeant-in-chief, sergeant-in-chief, sergeant-in-chief,

(d) officers: Lieutenant, Lieutenant, Lieutenant, Captain, Major, Lieutenant Colonel, Colonel,

(e) generals: Major General, Lieutenant General, Colonel General, Army General.

§ 5

Appointment and promotion

(1) Soldiers in active duty and in advance who have not been appointed or promoted to higher rank are entitled to the rank of soldier.

(2) Only soldiers with the necessary mental skills and physical fitness who meet the professional requirements laid down in general binding legislation issued by the Federal Ministry of Defence and the Federal Ministry of Interior may be appointed or promoted to higher rank.

(3) In the ranks of the generals he appoints and elevates the President of the Republic of Czechoslovakia on a proposal from the Government of the Czechoslovak Socialist Republic. The Minister of National Defence and the Minister of the Interior of the Czechoslovak Socialist Republic, or the authorities empowered by them, shall appoint and promote the rank of officers, officers and petty officers.

§ 6

Withdrawal of a higher rank

(1) Higher rank

(a) be removed from the soldier for a particularly serious breach of his duties and conduct against the constitutional establishment of the Czech and Slovak Federal Republic and its armed forces;

(b) may be taken from a soldier who has committed serious acts contrary to the provisions of military oath, moral and professional requirements imposed on a member of the armed forces.

(2) The rank of the soldier to whom the higher rank has been removed is the rank of the soldier.

(3) The withdrawal is proposed by the commissions set up by the Minister of National Defence and the Minister of Interior of the Czechoslovak Socialist Republic.

(4) It takes the rank of President of the Republic away from the generals on a proposal from the Government of the Czechoslovak Socialist Republic. Other soldiers are relieved of the rank of Minister of National Defence and Minister of Interior of the Czechoslovak Socialist Republic, ensign and sub-officer by the authorities empowered by them.

(5) The provisions of the Criminal Law on the loss of military rank remain unaffected.

§ 7

Lease of rank

(1) Soldiers may be given a higher rank than they actually have for the period for which the duties or duties they have been entrusted require.

(2) The granting of rank does not alter the defence ratio.

(3) To the soldiers to whom the rank has been given, the rights and obligations associated with that rank are due; However, the grant of rank shall not give rise to the right to adjust the service income or sickness benefit and pension provision.

(4) Rank is given by the authorities entitled to appoint them.

§ 8

The Minister of National Defence and the Minister of Interior of the Czechoslovak Socialist Republic provide details of the provisions of this Act.

Díl III

Military uniform

§ 9

(1) Soldiers in active duty are required to wear military uniform, badges and other required equipment, unless otherwise provided by the Minister of National Defence or the Minister of Interior of the Czechoslovak Socialist Republic.

(2) Professional soldiers may wear civil clothing outside the period of employment.

(3) The provisions on military uniform, badges and other equipment shall be issued by the Minister of National Defence and the Minister of Interior of the Czechoslovak Socialist Republic, who shall also lay down the principles for the wearing of military uniform to soldiers outside active duty and shall determine their rights and obligations.

Díl IV

Establishing soldiers in office

§ 10

(1) Soldiers shall be selected and appointed in accordance with the needs of the armed forces according to the professional qualities, command and organisational capabilities, taking into account personal characteristics, civil integrity and appropriate education and practice. The Minister of Defence of the Czech and Slovak Federal Republic and the Minister of Interior of the Czech and Slovak Federal Republic determine which functions the provision is linked to the condition of the selection procedure. The selection procedure is announced by the Minister of Defence of the Czech and Slovak Federal Republic or by the Minister of Interior of the Czech and Slovak Federal Republic and will also appoint a commission to select professional soldiers for the performance of their duties. The details are laid down by the Federal Ministry of Defence and the Federal Ministry of Interior by a generally binding legislation.

(2) The troops are appointed by the President of the Czech and Slovak Federal Republic, the Minister of Defence of the Czech and Slovak Federal Republic and the Minister of the Interior of the Czech and Slovak Federal Republic or the authorities empowered by them to do so. Soldiers can only be assigned to free functions.

(3) The President of the Czech and Slovak Federal Republic provides:

(a) on a proposal from the Minister of Defence of the Czech and Slovak Federal Republic, Chief of the Czechoslovak Army General Staff, Commander of the military headquarters of the West, the Centre and the East, Chief of Air and Air Defence of the Czech and Slovak Federal Republic and Chief of Civil Defence of the Czech and Slovak Federal Republic;

(b) on a proposal from the Minister of Defence of the Czech and Slovak Federal Republic and the Minister of Transport of the Czech and Slovak Federal Republic, the commander of the railway force;

(c) on a proposal from the Minister of the Interior of the Czech and Slovak Federal Republic, Commander of the Army of the Ministry of Interior.

(4) The Minister of Defence of the Czech and Slovak Federal Republic may entrust professional soldiers with the temporary exercise of their duties in the establishment of the powers of the President of the Czech and Slovak Federal Republic, provided that such functions are free and that their appointment does not suffer delay.

(5) The provisions of paragraphs 2 to 4 shall not apply to the functions to which soldiers are designated under the special regulation.3)

(6) Professional soldiers may be assigned from higher posts to lower:

(a) in the event of reduced numbers of armed forces or as a result of organisational changes;

(b) for health reasons as recommended by the Military Medical Commission;

(c) on the basis of the outcome of the evaluation;

(d) at its own request,

(e) if they do not fulfil the condition of a planned education for the performance of their duties and refuse or have not completed their studies without serious reasons.

In the case of provision of a soldier from the profession to a lower post, for the reasons referred to in points (a) and (b), he shall retain a salary for one year from the previous post, if this is more favourable to him.

§ 10a

Withdrawal

The soldiers shall be dismissed from the post to which they have been appointed, before any provision has been made to another post, when they are sent to internal studies and when they are released from military active service. The term of office may not be revoked when the office is suspended or suspended.

§ 10b

Discharge

(1) In the event of a reasonable suspicion of a serious breach of service or of the commission of a criminal offence, where further retention would jeopardise the important interest of the service (Paragraph 11 (1)), a soldier may be temporarily relieved of the duties of the commander who has appointed him or other direct superiors of at least two degrees higher. The commander who appointed the soldier shall, within seven days, either confirm the decision, indicating the duration of the waiver or cancel it.

(2) The term of office may be suspended temporarily for a maximum period of not more than three months and, if the grounds for the waiver are the subject of the criminal prosecution of a soldier, until a final decision on the substance has been taken.

Failure to function

§ 10c

(1) Vocational soldiers shall be suspended for a period not exceeding three months and no longer than with the agreement of the Minister of Defence of the Czech and Slovak Federal Republic or the Minister of Interior of the Czech and Slovak Federal Republic, in the event of military incompetence based on an evaluation, at the end of their term of office in elected functions4), and in the event of exclusion from study or leaving the study, unless the decision was taken at the same time on their provisions for another post or on their dismissal.

(2) Professional soldiers shall be suspended until maternity leave takes effect if they are unable to perform their duties due to pregnancy.

(3) Professional soldiers may be suspended:

(a) for studies in courses exceeding five months;

(b) when carrying out foreign tasks not related to the performance of the duties to which they are appointed, they exceed a period of three months;

(c) in the event of an inability to serve for an illness or accident of more than three months until the end of the support period;

(d) during the maternity leave;

(e) during the period of leave without entitlement to cash requirements exceeding 30 days.

(4) The Minister of Defence of the Czech and Slovak Federal Republic or the Minister of the Interior of the Czech and Slovak Federal Republic, or the authorities empowered by them to do so, interrupt professional soldiers.

(5) During the period of suspension of the duties referred to in paragraphs 1 and 2, professional soldiers shall carry out the duties as decided by the master who has decided to suspend.

§ 10d

(1) In the event of interruption of the duties, another professional soldier may be entrusted or assigned to him. The commander who has decided to interrupt is entitled to do so.

(2) If a soldier cannot perform the function to which he has been appointed for a period of more than one month and if he does not have a discontinuance in accordance with § 10c, another soldier may be assigned to perform that function. The provisions of the second paragraph shall apply mutatis mutandis.

§ 10e

Evaluation

(1) The assessment is one of the grounds for deciding on the course of a soldier's service. The assessment shall be processed by the nearest superior commander at least every two years and at the end of the military active service. Military competence and professional results shall be evaluated. The result of the assessment must be made known to the soldier.

(2) A soldier has the right to appeal against the evaluation within seven days of getting to know the evaluation. An appeal shall be decided by the superior commander who has made the evaluation.

(3) At the end of an active military service, the soldier shall have the right to issue a written copy of the evaluation in which the entire course of the service must be assessed.

Díl V

Employment and holidays

§ 11

Service and employment

(1) The service includes the pursuit of employment and all other acts which the soldier is obliged to perform to ensure the readiness of the armed forces; it continues throughout the military active service. The service of soldiers shall be based on the requirement of the readiness of the armed forces, which shall mean their ability to perform the tasks immediately.

(2) Emergency means the presence of soldiers in military objects or in places intended to perform specified tasks. Achievement is the duty of soldiers to report to their commander the place of residence in the absence of employment and their readiness for a specified signal and to arrive at the designated place within a specified time. Emergency and availability are ordered by the commander.

(3) Employment is the activity of a soldier precisely defined by the place and time; its content is the performance of duties arising from the function to which the soldier is assigned or for which he is prepared.

(4) The period of employment of the professional soldier is a maximum of 43 hours per week. The continuous shift is also included in the period of employment. On the basis of the commander's decision, an occupational soldier is obliged to work beyond this period. Replacement leave may be granted for periods of employment exceeding 43 hours per week; for periods of employment exceeding 48 hours per week and for periods of employment on days of work, there shall be a replacement leave. The provisions of the previous sentence shall not apply to continuous military training; for each three days of such employment, one day of leave shall be provided. Compensation shall be fixed by the master in such a way that it is provided on another working day within one month of the entitlement being established.

(5) The layout of the period of employment in the week shall be determined by the master in such a way that the days of continuous rest in the week fall, as far as possible, to Saturday and Sunday; where the nature of the employment so requires, it may be spread out unevenly.

(6) The continuous shift must not exceed 24 hours. The soldier shall be entitled to a break for food and rest for at least 30 minutes after every six hours of continuous shift. If a shift whose performance cannot be interrupted, a reasonable time for food and rest must be provided for the soldiers. Food and rest breaks count to shift time. A continuous rest period shall be established between two shifts so that there shall be at least 12 hours between the end of the continuous shift and the beginning of the subsequent employment and at least six hours in special or directional facilities.

Vacation

§ 12

(1) Soldiers in the basic service are entitled to a full 21-day leave for every nine months of service. Proper leave may be taken after completion of a minimum of three months' service, the proportion of which may be taken every three months. The arrival of proper leave shall be determined by the master so that it is exhausted by the end of service. Proper leave shall be suspended if, during the period of leave, a soldier is recognised as unfit for ill or accident service; if this incapacity persists until the end of the service and the soldier for this reason has not exhausted due leave, the entitlement to it shall cease.

(2) A special leave of two days shall be granted to soldiers in the primary (replacement) service and to military training when parents, husbands, comrades, children, siblings, foster parents, adopters and for their own wedding and in other serious cases; special leave may be granted for up to seven days in the event of a natural disaster affecting persons close to the soldier. (5) A special leave of 14 days shall be granted to soldiers in the primary service admitted to the military school and to soldiers in the primary service before being admitted to the service of the professional soldier.

(3) Soldiers in the basic (replacement) service may be granted leave without entitlement to cash requirements of up to 30 days for the entire duration of the service for particularly serious family and personal reasons.

(4) An ordinary and special leave shall be counted against the period of service. A leave without a right to cash formalities shall not count for the period of service. The rest of the days of work are counted until the holiday period. 6)

§ 12a

(1) Occupational soldiers are entitled to a proper 37-day leave in a calendar year. Five Saturdays and five Sundays count until the holiday period: Svates7) are not counted in the length of the holiday. Professional soldiers who have not been in the service of an occupational soldier throughout the calendar year shall have a proportion of the normal leave to be determined in such a way that, for each calendar month of the duration of the service in the calendar year, one twelfth of the normal leave is valid. If the employment relationship is established no later than or if it is no earlier than the 15th day of the month, the professional soldier shall also be entitled to a proportion of his regular leave for that calendar month.

(2) The arrival of a proper leave shall be determined by the master according to the duties laid down and taking into account the requirement of the professional soldier in such a way that the professional soldier may, as a general rule, exhaust it by the end of the calendar year. The master shall be obliged to grant the professional soldier, in the relevant calendar year, at least two weeks of his entitlement to a full leave. The master of the professional soldier shall notify the planned arrival of proper leave by 15 January of the calendar year at the latest. The master shall be obliged to grant regular leave not exhausted in a calendar year at the latest by the end of the following calendar year.

(3) If this requires an important interest in the service, the commander may change or withdraw the originally designated entry or leave of the professional soldier; A professional soldier shall be entitled to reimbursement of the costs incurred without his fault. The master shall notify the professional soldier of the granting of proper leave at a time other than the date originally specified at the latest 14 days before its arrival; with the agreement of the professional soldier, this period may be shortened.

(4) Proper leave shall be suspended if, at the time of drawing up the proper leave, an occupational soldier is recognised as unfit for sickness or accident if he is granted a short leave to treat a family member and an occupational soldier on the date of taking up maternity leave.

(5) If due leave or part of it has not been used up by the end of the following calendar year, the professional soldier shall be compensated in proportion to the salary corresponding to the number of days of unpaid regular leave. Similarly, the release of a professional soldier from the service who has not taken a proper leave or part thereof shall be carried out. If an occupational soldier dies, compensation shall be paid for the unspent leave or part thereof to the surviving spouse and, if not, equally to persons who have been fed to the soldier.

(6) If the service of a professional soldier for the reasons set out in § 26 (1) (d), (f) and (g), (2) (e) or withdrawal of the military rank after the exhaustion of a proper leave or part of it to which he has not been entitled, he is obliged to return the salary paid for that period.

(7) Proper leave shall be reduced by one twelfth for the first 120 days and for every 30 days for the first 30 days for the first three months for the first three months. Proper leave shall not be reduced in the absence of an accident at work or occupational disease.

(8) A proper holiday may be reduced for each day of an unexcused absence of a professional soldier in employment by one to three days, at most 22 days in a calendar year. In the absence of a professional soldier on grounds of imprisonment, proper leave shall be reduced by one twelfth for every 30 days of absence.

§ 12b

(1) Professional soldiers are entitled to a short leave of:

(a) one day after the birth of the child of the spouse (s) of the soldier to be moved to and from the medical establishment, accompanied by a family member to and from the medical establishment, on return to and from the hospital on sudden illness or accident and for a pre-determined examination, treatment or treatment;

(b) one day to attend the wedding ceremony of a child or the parent of a soldier;

(c) two days for your own wedding, of which one day to attend the wedding ceremony;

(d) one day when a soldier is moved in the place where he is on duty, two days when he is moving to a place within 500 km and three days to a place over 500 km from where he is on duty if he is moving in the interest of the armed forces;

(e) two days a month for a period of three months prior to leaving the service to seek employment;

(f) one day to attend the funeral of a parent, sibling, grandparents and grandson of a soldier, parents, siblings and grandparents of his wife, husband of a sibling of a soldier or of another person who lived with a soldier at the time of death in the common household, and another one day if the soldier provides the funeral of those persons;

(g) three days after the death of a spouse, spouse or child of a soldier, of which one day to attend the funeral of those persons;

(h) a maximum of seven consecutive calendar days for the treatment of a family member solely linked to the assistance of a soldier if the need for treatment persists;

(i) a maximum of 13 consecutive calendar days for the treatment of a child under 10 years of age, which is solely linked to the assistance of a soldier, unless there is someone else in the household in which the child lives, who could care for the child if the need for care persists.

(2) Short leave of a total duration of 10 days per calendar year may be granted for visiting a family or children married to professional soldiers (divorced or widowed with children) who do not have an apartment at the place of employment and cannot commute on a daily basis to a family or children who are dependent on them by nutrition, or to a free (divorced, widowed) visit parents if they cannot commute to them on a daily basis, or for other serious reasons, in particular to deal with important personal, family or property matters which require the personal participation of a professional soldier and which cannot be dealt with in a non-working period.

(3) Short leave to the extent strictly necessary is granted to professional soldiers for the purpose of exercising public office and civil duty, as well as for the purpose of performing other acts of general interest, under the conditions laid down in the provisions on the provision of paid leave with compensation for wages. 8)

§ 12c

(1) Professional soldiers are entitled to a special leave of seven calendar days if they perform a harmful or particularly difficult service throughout the calendar year. If they have performed this service for only part of a calendar year, at least six months, they shall have a proportion of the special leave. Special leave shall always be exhausted in the relevant calendar year, preferably. No refund shall be granted for the outstanding special leave.

(2) In the year when preventive rehabilitation or spa treatment has been granted to professional soldiers, entitlement to special leave shall cease.

(3) The Federal Ministry of Defence and the Federal Ministry of Interior, in agreement with the Federal Ministry of Labour and Social Affairs, the Ministry of Health of the Czech Republic and the Ministry of Health of the Slovak Republic, provide for a generally binding legislation which is harmful or particularly difficult to treat.

§ 12d

At their request, professional soldiers may be granted leave for family or other serious reasons without the right to cash formalities. This leave is granted by the Minister of Defence of the Czech and Slovak Federal Republic or by the Minister of Interior of the Czech and Slovak Federal Republic or by the authorities empowered to do so. The period of this leave over 30 days shall not be counted against the period of service.

Díl VI

Military disciplinary law

§ 13

(1) Every soldier is obliged to maintain and consolidate military discipline.

(2) Masters are obliged to raise their subordinates to a conscious military discipline. To do so, they are entrusted with the right to award disciplinary fees and impose disciplinary penalties. This military disciplinary power serves to maintain and consolidate military order and discipline.

§ 14

Scope of military discipline

Military disciplinary powers

(a) soldiers in active duty;

(b) persons who have become members of the armed forces by calling on a special service;

(c) persons called for personal action for the needs of the armed forces;

(d) soldiers outside active duty for disciplinary acts committed in military uniform;

(e) persons who were to take up an active military service for the purpose of not taking up that service, in the absence of a criminal offence;

(f) prisoners of war.

§ 15

Disciplinary fees

(1) The disciplinary fees are awarded for acts of merit or for exemplary performance of military duties.

(2) The disciplinary fees are in particular: praise, cash or gifts in kind, the award of an honorary badge and an extraordinary promotion.

§ 16

Discrimination

(1) A disciplinary offence is a guilty act or omission contrary to military regulations and regulations, orders and regulations and violates military discipline unless it is punishable under criminal law.

(2) A disciplinary offence is also a conduct designated as an offence in special laws. 1)

§ 17

Discipline

(1) Disciplinary sentences are: reprimand, strict reprimand, curfew, prison, deprivation of the rank of a Lance Corporal, withdrawal of a subordinate rank, reduction of rank by one degree.

(2) The following disciplinary sentences may be imposed on the men: reprimand, strict reprimand, prohibition of going out within 21 days, imprisonment within 14 days and withdrawal of the rank of a freedom holder. Women don't get a prison sentence.

(3) The following disciplinary sentences may be imposed on sub-officers in the primary (replacement) service and on military exercises: reprimand, strict reprimand, prohibition of leaving within 14 days, reduction of rank by one degree and withdrawal of sub-officer rank.

(4) The following disciplinary sentences may be imposed on sub-officers in the next service, enlisted officers, officers and generals: reprimand, strict reprimand and one degree reduction.

(5) Penalties and safeguard measures under special laws shall be imposed for the disciplinary offences referred to in Article 16 (2).

§ 17a

Prison punishment

(1) The prison sentence shall be carried out in a prison of a military unit. The arrival of the sentence shall be determined by the master after a medical examination, which he shall submit to.

(2) The execution of the prison sentence consists of restricting personal freedom by staying in a military unit prison and in a duty of employment which is carried out no more than eight hours a day. In the execution of his sentence, he is guarded. Once a day, he has the right to leave the military unit accompanied by 50 minutes.

(3) The prison sentence is suspended on the days of the holidays and elections to the Federal Assembly of the Czech and Slovak Federal Republic, the Czech National Council and the Slovak National Council and for sickness or accident. The master who imposed the sentence may suspend the execution of the prison sentence for reasons of training security or other serious reasons.

(4) The prison sentence or the rest of the sentence after the interruption must be entered within 30 days of its publication, otherwise it will not be executed.

Citation	Act No. 76 / 1959 Coll., on certain service ratios of soldiers
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	29.12.1959
Effective from	01.05.1960
Effective until	-
Status	Valid

Act No. 76 / 1959 Coll.

Law on certain service conditions of soldiers

Contents

§ 1