Act No. 88 / 2014 Coll.
Act amending Act No. 170 / 2002 Coll., on War Veterans, as amended
Valid
Effective from 01.06.2014
88
THE LAW
of 23 April 2014
amending Act No. 170 / 2002 Coll., on War Veterans, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 170 / 2002 Coll., on War Veterans, as amended by Act No. 190 / 2005 Coll., Act No. 70 / 2007 Coll., Act No. 308 / 2008 Coll. and Act No. 375 / 2011 Coll., is amended as follows:
1. Paragraph 2 shall be deleted, including the title.
2. Paragraph 3 (1) to (3) reads as follows:
"(1) The war veteran is a national of the Czech Republic who, after 8 May 1945 as a soldier in active service, was a member of an army which was considered to be an ally army at the time, or a member of an army of a state of which the Czech Republic is a legal successor, (hereinafter referred to as" soldier ") or as a member of a security corps performed a service
(a) continuously for at least 90 calendar days on a foreign mission in a place of armed conflict or in a place with a significantly deteriorated security situation;
(b) in summary for at least 360 calendar days in foreign missions other than those referred to in (a) which have taken place on the basis of a decision of an international organisation to which the Czech Republic is a member; However, the shortest deductible period under this provision shall be at least 90 days of continuous service; or
(c) individually in foreign missions for a period less than the period referred to in (a) or (b), but where the total service period after the reciprocal addition is at least 360 calendar days; the period of service at the site of the armed conflict or in a place where the security situation is significantly deteriorated, less than the period referred to in (a), shall in this case be counted four times in total, if it reaches at least 90 days after such conversion.
(2) The war veteran is also a national of the Czech Republic, who, as an employee of a central authority of the state administration, the Security Corps or the Armed Forces (hereinafter referred to as "the staff member '), has performed tasks at the place of armed conflict or in a place with a significantly deteriorated security situation or in another foreign mission for the period provided for in paragraph 1 (a), (b) or (c).
(3) A soldier or member of the Security Corps shall not be regarded as a war veteran, even if he fulfils the conditions laid down in paragraph 1, provided that he has been lawfully sentenced to an unconditional prison sentence for an offence committed in connection with the performance of the service referred to in paragraph 1, or has been sentenced to a loss of military rank. Furthermore, neither a soldier shall be considered a war veteran if he has lost his service by degrading rank or a member of the Security Corps, if he has been subjected to disciplinary detention. A staff member shall not be considered a war veteran, even if he fulfils the conditions laid down in paragraph 2, provided that he has been lawfully sentenced to an unconditional prison sentence for an offence committed in connection with the performance of the tasks referred to in paragraph 2. ';
3. In Article 3, the following paragraph 4 is inserted after paragraph 3:
"(4) Pending the period referred to in Article 3 (1), the period of service or the performance of tasks which have been carried out in favour of a regime acting in breach of the principles of democratic society, respecting the rights of citizens as expressed by the Charter of the United Nations, the Universal Declaration of Human Rights and the successive international conventions on civil, political, economic, social and cultural rights shall not be taken into account. ';
Paragraph 4 shall become paragraph 5.
4. The following Section 3a is inserted after Section 3, including the title:
Removal of law hardness
(1) The Minister of Defence may decide, on the basis of a written and reasoned request to remove the hardness of the law, that a veteran of war is also considered to be a person who:
(a) has failed to fulfil the conditions set out in Paragraph 3 (1) (a) as the foreign mission was terminated before 90 days,
(b) has failed to comply with the conditions set out in Article 3 (1) (a) or (b) if, during a foreign mission, it has carried out an extremely deserving act; or
(c) has failed to fulfil the conditions set out in Article 3 (1) (a) or (b) if, in the course of a foreign mission, it has suffered injury without self-inflicted damage to the health that led to the termination of its participation in a foreign mission.
(2) Decisions on the application referred to in paragraph 1 shall not be subject to degradation. ';
5. Sections 4 and 5, including the headings and footnotes 1d and 4, read:
War Veteran Certificate
(1) The War Veteran Certificate is issued by the Ministry at the written request of the persons referred to in § 3 (1) and (2). The application shall contain, in addition to the formalities laid down in the administrative rules, the place of birth, citizenship and, where appropriate, the rank or rank of service with an rating. Furthermore, the applicant shall indicate the place and duration of the service or mission in the missions and, if a certificate of participation in the national fight for liberation has been issued to him under another legislation (1d), the number of that certificate.
(2) The Ministry in the proceedings will verify that the conditions for issuing a war veteran certificate are met. If these conditions are met, he shall issue a war veteran certificate.
(3) The Ministry of the Interior or the central administration shall provide the Ministry with the information necessary to verify compliance with the conditions for issuing a war veteran certificate to members of the Security Corps or staff.
(4) In the cases at issue, the Ministry of Foreign Affairs shall, at the request of the Ministry, issue an opinion determining whether the mission is in a place of armed conflict or in a place with a significantly impaired security situation or any other foreign mission, such as the location and duration of the foreign mission, and whether the army in which the person responsible for issuing the war veteran certificate was in service was or is an army of allies.
(5) The certificate of a war veteran shall include the rank or rank with the rating, title, name, surname, place and date of birth, details of the performance of the service or the performance of the duties and the stamp, date and signature of the authorised official. The model of the war veteran certificate is set out in the Annex to this Act.
Food allowance, assistance for inclusion in civil life and financial support
(1) A war veteran who:
(a) holds a certificate under the Czechoslovak Army Act on members of the Czechoslovak Army abroad and on certain other participants in the national exemption struggle or is a beneficiary of pension insurance benefits paid by the Military Social Security Office, the Ministry may, depending on its financial possibilities, grant a catering allowance of the amount it contributes to racing meals under another legislation and provide racing meals in its own catering facilities under budget rules; a food allowance under this Act may not be granted to a war veteran if the food allowance is already provided to him by another title,
(b) he is a soldier or an employee of the Ministry, providing assistance, if necessary, for integration into civil life, psychological care and allowing him to stay in a military accommodation for the period necessary to overcome his difficult social situation, but not more than one year.
(2) The Ministry may provide financial support to the war veteran and his husband, companion or partner, if necessary and depending on their state of health, for spa rehabilitation or recreational stay. Financial support for spa rehabilitation care cannot be granted to those war veterans who are able to receive similar support from their work or service.
1d) Act No. 255 / 1946 Coll., on members of the Czechoslovak army abroad and on certain other participants in the national struggle for liberation, as amended by Act No. 101 / 1964 Coll.
4) Act No. 115 / 2006 Coll., on Registered Partnerships and amending certain related laws, as amended. '
6. In Section 6 of the title, "Home of the care of war veterans."
7. In Article 6 (1), the words "care of war veterans (hereinafter referred to as home) 'shall be inserted after the words" home'.
8. In Paragraph 6 (2), the last sentence is replaced by "Similarly, this provision shall apply to a spouse, partner or partner (4) of a war veteran."
9. In Article 7 (2), the second sentence of the term "civil association referred to in Article 4 (b) 'is replaced by" association referred to in Article 8 (b)', in the third sentence, the words "certified copy 'are replaced by the words" copy' and the last sentence is replaced by the words "War veteran submits an application for admission to his home as a spouse, partner or partner (4), with their consent. '
10.Paragraph 7 (3) reads as follows:
"(3) In cases of special consideration, particularly for health reasons, the Ministry may accept a war veteran with his spouse, species or partner (4). In the event of the death of a war veteran, his spouse, partner or partner may be left in his home if he so requests. Where applications for admission to home are met, the period of stay shall be determined and the decision shall not be drawn up in writing. ';
11. in Article 7, the following paragraph 5 is added:
"(5) The Ministry may decide that a person other than a war veteran may exceptionally be admitted to home if the capacity of the home is not fulfilled. It must, however, be a person who, due to his health and social circumstances, needs care at home and does not suffer from disabilities, which excludes his or her admission to home. However, this person may be admitted to his home only for temporary stay and subject to full reimbursement of the financial costs actually incurred. The Ministry may terminate this person's stay by decision if the occupied bed is needed for a war veteran or his spouse, partner or partner (4). The stay in such a case may not be terminated until the end of the last day of the month following that in which the decision became final. '.
12.
Tasks of the Ministry
Ministry
(a) issue certificates of war veteran and keep records of certificates issued to persons referred to in Article 3 (1) and (2);
(b) allow associations which mainly associate war veterans, free use of the premises with which the Ministry and the legal entities set up by it, to conduct meetings or to organise cultural and social events;
c) Provides celebrations On the day of the war veterans and can provide festive and piety events involving war veterans, in particular on the occasion of public holidays and significant anniversary of the participation of the armed forces in armed conflicts and peacekeeping operations,
(d) establish and manage homes;
(e) decide on the admission of a war veteran and his spouse, partner or partner (4) and other persons provided for in Article 7 (5) to home and decide on the interruption or termination of their stay in the home. ';
13. The following Section 8a is inserted after Section 8, including footnote 5:
(1) In order to exercise its powers under this Act, the Ministry shall use:
(a) reference data from the population population base register 5),
(b) data from the population registration information system.
(2) The data used under paragraph 1 (a) are:
(a) surname;
(b) the name and, where appropriate, the names,
(c) date, place and district of birth; the date, place and state of birth of the data subject born abroad;
(d) the address of the place of stay;
(e) the date, place and district of death; if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the day on which it did not survive and the date on which the decision was acquired;
(f) citizenship and, where appropriate, multiple citizenship.
(3) The data used under paragraph 1 (b) are:
(a) the name and / or the names, surnames and surnames,
(b) the date and place of birth;
(c) citizenship;
(d) the address of the place of permanent residence;
(e) waiver of legal capacity;
(f) the date, place and district of death; if there is a death outside the territory of the Czech Republic, the date, place and state on whose territory the death occurred,
(g) the date indicated in the court's decision on the death declaration as the date of death or the date on which the data subject declared dead did not survive.
(4) Only such data as are necessary to fulfil the task may be used from the data obtained in a particular case.
5) Article 18 (1) of Act No. 111 / 2009 Coll., on Basic Registers, as amended. '
14. Annex No 1 is deleted and the designation of Annex No 2 is deleted.
15.
"Attachment to Act No. 170 / 2002 Coll.
MODEL OF THE WATER VETERAN CERTIFICATE
"
Transitional provisions
1. The performance of the service of a soldier and a member of the security corps responsible for fulfilling the conditions of a war veteran and commencing before the date of entry into force of this Act shall be assessed in accordance with Act No. 170 / 2002 Coll., as effective before the date of entry into force of this Act.
2. For employees pursuant to § 3 (2) of Act No. 170 / 2002 Coll., as amended by this Act, the duration of the task outside the Czech Republic shall be counted from the date of entry into force of this Act.
3. A soldier and member of a Security Corps who has fulfilled the conditions of a war veteran under Act No. 170 / 2002 Coll., as effective before the date of entry into force of this Act, shall be assessed for the purpose of issuing a war veteran certificate under Act No. 170 / 2002 Coll., as effective before the date of entry into force of this Act.
Efficacy
That law shall take effect on the first day of the calendar month following its publication.
z. Jerman v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 88 / 2014 Coll., amending Act No. 170 / 2002 Coll., on War Veterans, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 21.05.2014 |
|---|---|
| Effective from | 01.06.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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