What is Act No. 92 / 1949 Coll.?

Act No. 92 / 1949 Coll., Branné zákon — Defective law.

When it became Act No. 92 / 1949 Coll. effectiveness?

Act No. 92 / 1949 Coll. became effective 01.10.1949.

Is Act No. 92 / 1949 Coll. still valid?

Yes, Act No. 92 / 1949 Coll. is still valid and effective.

Act No. 92 / 1949 Coll. - Defective law

92.

Defective law

of 23 March 1949

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

ČÁST 1.

Armed forces of the Czechoslovak Republic.

§ 1.

Tasks of the armed forces

(1) In order to defend the freedom and independence of the Czechoslovak Socialist Republic and to protect its constitutional constitution, the Czechoslovak State creates an armed state.

(2) The task of the armed forces is:

(a) to avert by armed force the assault or threat of the Czechoslovak Republic by an external enemy;

(b) to fight for the independence, integrity and unity of the state and the constitutional establishment against external enemies and to carry out military tasks resulting from the Allied commitments of the Czechoslovak Socialist Republic; and

c) to cooperate in maintaining security within the state in the event of a direct violent attack against the constitutional establishment of the Czechoslovak Socialist Republic.

(3) Soldiers in active duty may also be used in disasters to human lives or important economic goods. Details, in particular as regards the legal circumstances arising from such use, shall be laid down by the Government by regulation.

(4) With the approval of the Government of the Czech and Slovak Federal Republic, soldiers in active service may also be used to guard objects of particular importance and to protect national borders. Military guards have the rights and duties as policemen .1) Details are provided by the Government of the Czech and Slovak Federal Republic by regulation.

§ 2.

Composition of the armed forces.

(1) The armed forces shall form an army (paragraph 2) as its basis and public armed corps designated by the Government, parts of those corps or individual members thereof, provided that they are under military command under this law or special regulations; at the time of the emergency measures provided for in this Act (§ 46 to 50), after the relevant profession (§ 46, paragraph 2), also public protection bodies designated by specific regulations, their parts or individual members, and units composed of such persons, as well as persons called upon to act in person for the needs of the armed forces (§ 45).

(2) The army is a summary of soldiers. Soldiers are persons who have been recruited (§ 15 (1)) and have a duty of service (§ 20).

§ 3.

Armed forces organization.

(1) The forces of the armed forces are supplemented without distinction of nationality. The language of service is Czech and Slovak; In contact with the team of an ignorant professional language, it is also possible to use its mother tongue.

(2) The details of the legal situation of the members of the armed forces, arising from their jurisdiction, in particular from the subordination or subordination to other members of the armed forces, the manner in which military training and military service are carried out at all, as well as the organisation of the armed forces, will be adapted within the limits of this law, or within the limits of the government regulations issued for its implementation, in the field of its competence by the Ministry of National Defence and the Ministry of Interior by the Staff Regulations, provided that such arrangements do not belong to the President of the Republic as the Chief Commander of the Armed Forces.

(3) The numbers of troops are determined by the Government, on a proposal from the Minister of National Defence, submitted in agreement with the Minister of Interior as regards the troops of the Ministry of Interior.

ČÁST 2.

Good duty.

Oddíl I.

General provisions.

§ 4.

Content of the duty.

The duty to defend matters

(a) drainage (Section 10);

(b) professional (§ 20),

(c) special service (§ 41);

(d) personal acts for the needs of the armed forces (§ 45).

§ 5.

Personal scope of duty.

(1) Within the limits of the provisions of paragraph 2, citizens of the Czechoslovak Republic shall be subject, excluding those enjoying the right of exteritoriality in their territory.

(2) A branch obligation is established on 1 January of the year in which the citizen completed 17 years, but was taken over voluntarily (§ 6 (1)) on the date of the takeover. It lasts until 31 December of the year in which the citizen reaches 60 years. The elderly only have a military obligation if they perform an active service at the time of the emergency measures (§ 46 (4)) or if they have been extended at their request (§ 22 (3)).

(3) Women may be required to pay and serve only at the time of the state's armed emergency, unless they have taken over voluntarily.

(4) The personal scope of the defence obligation may be adapted to constitutional officials of the Czech and Slovak Federal Republic and to the Inspector General of the Armed Forces of the Czech and Slovak Federal Republic under this Act.

§ 6.

Voluntary takeover and extension of the military obligation.

(1) Persons not subject to a military obligation may, on 1 January of the year in which they reach the age of 17, on a state's defence alert (Paragraph 57 of the State Defence Act) irrespective of their age, voluntarily take over the military obligation required under that law, provided that the conditions laid down by that law and the provisions laid down for its implementation are fulfilled.

(2) Persons subject to a military obligation may, under the conditions referred to in paragraph 1, voluntarily take over the performance of such means of defence which would otherwise not be required of them and may, at their request, be granted an extension of the duration of the military obligation which would otherwise have ceased to exist.

(3) The obligation of service may be assumed on a voluntary basis only in its entirety. However, they may limit this obligation in advance.

(a) foreign nationals;

(b) citizens of the Czechoslovak Republic on a military alert from the State for the period of war, if not men who still have a regular retirement obligation (§ 11) or who have not yet incurred that obligation.

§ 7.

Relief in the performance of a military obligation.

The Government sets out by regulation what concessions are due to the citizens of the Czechoslovak Republic who are permanently abroad.

§ 8.

An evaluation of the performance of the duty of defence.

Where, for the purposes of assessing salary, salary or any other claim arising from employment, the period of time spent in the employment or profession in question is determined, the period of time for which the person concerned has been engaged in a military active service (§ 20 (2)) shall be taken into account, in which specific provisions shall lay down the details; the provisions of the special provisions on the counting of military active services for the purposes of occupational sickness insurance, social security and paid leave for recovery remain intact.

§ 9

Constitutional rights and freedom of soldiers in active service

(1) The exercise of the constitutional rights and freedoms of soldiers in active service may be restricted only by law.

(2) The freedom of expression of religion, including participation in religious ceremonies, and the possibility of entering military premises by the spiritual state recognised by churches, is guaranteed for soldiers in active service, unless this is prevented by duty obligations.

Oddíl II.

A withdrawal obligation.

§ 10.

Content and creation of a withdrawal obligation.

(1) The obligation to pay depends on the obligation to submit to official proceedings, the purpose of which is to decide on the obligation to serve in the military. It arises either from the law as a levy obligation (§ 11) or from an exceptional obligation (§ 12) or from a voluntary act of will (§ 13).

(2) The obligation to pay shall include the obligation to appear for registration and payment (§ 15) or, where appropriate, for examination (§ 18), and to submit to the prescribed procedure, including the necessary medical and, where appropriate, hospital examinations, as well as the examination of the specific personal capacity and characteristics of the person concerned (selection examination). The person who has a withdrawal obligation is called the goal.

(3) Persons who have failed to fulfil their retirement obligation may be brought to the levy.

(4) Obligations to make a contribution shall be waived

(a) without a limb;

(b) blind,

(c) deaf, deaf and dumb,

(d) deprived of legal capacity;

(e) affected by a defect which makes them permanently unable to move separately;

(f) affected by incurable and life-threatening diseases.

(5) The facts referred to in paragraph 4 are established at the time of registration (§ 15). The Chief of the District Military Administration shall invite the Council to submit, for the purposes of the registration, documents on the basis of which it may be decided that the person referred to in paragraph 4 may not be required to make his contribution.

§ 11.

Regular withdrawal obligation.

(1) Subject to the provisions of paragraph 4, a regular withdrawal obligation is established for men on 1 January of the year in which they are 18 years old, unless the soldiers are already on the basis of an exceptional or voluntary contribution. The regular withdrawal obligation shall continue, unless one of the cases referred to in paragraphs 3 or 4 or the examination (Paragraph 18), until the end of the withdrawal procedure to which the person subject has been subject in the year in which he completed 20 years has been subject, unless the final withdrawal decision has already been issued (Paragraph 15 (3)).

(2) Citizens who have not complied with this obligation for any reason within the period laid down in paragraph 1 for the duration of the periodic departure obligation shall be subject to this obligation until a final withdrawal decision has been taken, but no later than 31 December of the year in which they reach 60 years.

(3) Persons who have acquired citizenship of the Czech and Slovak Federal Republic after the date laid down in paragraph 1 for the establishment of a regular retirement obligation shall be subject to that obligation from the time of acquisition of that citizenship until the period referred to in paragraph 3.

§ 12.

Extraordinary withdrawal obligation.

Exceptional withdrawal obligations are subject to the conditions laid down in Paragraph 49 (1) of the Czechoslovak Republic, which are not soldiers.

§ 13.

Voluntary withdrawal obligation.

Voluntary withdrawal obligations are subject to persons allowed to enter the army on a voluntary basis (§ 14).

§ 14.

Voluntary entry into the army.

(1) He shall enter the army voluntarily, who shall voluntarily assume an obligation of service which he should not otherwise have, if permitted at his request. Subject to paragraph 2, those who voluntarily wish to assume this obligation must also assume an obligation to submit to a levy which would otherwise not be subject to that obligation (voluntary levy). A voluntary duty shall be imposed only if the person concerned is recognised as capable of military active service. A voluntary entry permit may be granted to a citizen starting on 1 January of the year in which he reaches the age of 17. The minors need the consent of a legal representative to join the army on a voluntary basis.

(2) If exceptional circumstances arise during a state's armed emergency which make it impossible to carry out the levy, the army may be voluntarily joined without the charge. Persons who have entered the army in this way shall be deemed to have been engaged on the date on which the military active service was started. Details shall be provided by the Ministry of National Defence by the Staff Regulations.

(3) The formalities and the binding nature of requests for voluntary entry into the army are governed by the general provisions of civil law relating to the expression of will, unless such a law or regulation issued by the Government provides for additional conditions for its implementation.

(4) Persons who are not nationals of the Czech and Slovak Federal Republic may volunteer to join the army with the permission of the President of the Czech and Slovak Federal Republic only if they comply with the conditions laid down for voluntary entry. Requests are filed with the Federal Department of Defense.

The application shall be accompanied by:

(a) the birth certificate or documents replacing it;

(b) the written permission of the competent authority or authority of the applicant's home State to join the army on a voluntary basis, unless the Federal Ministry of Defence has authorised the presentation of this document;

(c) a declaration by which the tenderer undertakes to serve in the military;

(d) evidence of the educational attainment.

§ 15.

Minutes and contributions

(1) The registration is an official procedure designed to take the goals into military records, to determine their pre-eligibility for military active duty and to take measures to improve the health and other competence of the guards for the performance of military active service.

(2) The levies are regular, exceptional or voluntary. The purpose of the levy is to decide on the obligation of the conscribers to military active duty according to the established physical and mental capacity of the conscripts to that service. The decision that the gate is obliged by military active service (removed) is called a detention.

(3) The levies are carried out by the district board of services. The decision shall be taken by representatives of the military administration. Voluntary contributions may also be made by military commission. In the case of a levy decision that the gate is or is not withdrawn (final withdrawal decision) or that it is due to arrive at the levy in the next year (deferral), it may appeal. An appeal against a decision of appeal may be made only on the basis of new facts which were not known at the time of the procedure; the lodging of an appeal shall not have suspensory effect. The levy may be suspended for health or other reasons for one year but for a maximum period of three years. After this period, the commission shall decide definitively on the ability or inability to provide military services. Allowances for health benefits are granted to goalkeepers who have been suspended. (2a)

(4) In order to carry out regular contributions, the district military administrations shall be set up by a district commission composed of:

(a) the President-Chief of the District Military Administration or a representative designated by him;

(b) Members

1. a representative of the District Office, or his, on an equal footing with a regional authority of state;

2. Two doctors who will be provided by the competent authority of the State Health Administration at the request of the Chief of the District Military Administration; In agreement with the Ministry of Health of the Czech Republic or with the Ministry of Health of the Slovak Republic, the Federal Ministry of Defence may determine the place of one medical practitioner of the State Health Administration of the Military Administration.

(5) In addition, representatives of the authorities of the municipalities from which the guards are summoned may be present.

(6) In addition to the persons referred to in paragraphs 4 and 5 and the gate which has arrived for the levy, only persons authorised by the authorities of the district military administration may be present in the drainage room.

(7) At the request of the Chief of the District Military Administration, the District Office or an equivalent regional authority of the State shall provide the material resources and necessary personnel to carry out medical examinations.

(8) The composition of the higher draft board (2) shall be determined by the authority responsible for the regional military administrations. Its members are representatives of the regional authority of the military administration and doctors of the military administration.

(9) Higher commission

(a) manage and control the activities of the district commission,

(b) decide on the removal of the recipients against the decision of departure;

(c) decide on complaints made by the members of the district commission against the decisions taken by those committees;

(d) examine the final decision of departure according to which the gate has not been removed if there is reason to believe that the decision is incorrect;

(e) deal with complaints about non-designation for a replacement service and appeal against the non-authorisation of a deferral of a basic (replacement) service.

(10) The Chairman of the High Commission for Admission shall declare the decision of the Commission. There is no appeal against this decision.

§ 16.

Regular payments.

(1) Regular contributions shall be made to persons subject to regular retirement obligations.

(2) Regular contributions shall be made as principal or additional. The main contributions are usually made annually in the months of September and October, unless the Ministry of Defence provides otherwise. Additional contributions shall be made as necessary.

(3) The district military administrations register citizens who are 18 years old by 31 December of the current year for a regular contribution.

(4) On 1 January each year, the lists of citizens referred to in paragraph 3 which are subject to a periodic withdrawal obligation are drawn up by the municipalities responsible for the performance of the public administration in whose territory the citizens are registered for permanent residence. The list shall include the name and surname, date, month and year of birth, place of birth, birth number, permanent residence address and shall be submitted to the competent district military administration by 15 January.

(5) The lists of citizens referred to in paragraph 3 which are subject to a regular withdrawal obligation and who are resident abroad shall be drawn up by the representative offices in whose territory the citizens live. The list of data referred to in paragraph 4 shall be sent through the Federal Ministry of Foreign Affairs to the Federal Ministry of Defence by 31 January each year.

(6) The citizens are aware of the fact that they are to come to the levy by calling order or public decree. Citizens subject to the levy are required to appear at the place and at the time specified by the call order or in the public order and to prove their identity.

(7) For serious reasons that do not allow citizens to come to the levy, only

(a) a disease of a citizen who, according to a medical certificate, is an obstacle to his appearance;

(b) permanent residence abroad;

(c) the detention, detention, arrest, detention and execution of prison sentences;

(d) other obstacles arising independently of him which prevent him from arriving on time; However, the citizen must submit a confirmation of this to the municipal office, police or other competent authority of the place where the obstacle was created.

Citizens who are subject to a withdrawal obligation are required to report without delay to the district military administration of their permanent residence the absence of obstacles preventing them from attending the service. The levy shall be paid retrospectively.

(8) Branches called for a levy are to undergo a medical examination carried out by medications- members of the district board. If the doctor cannot ascertain exactly the health condition of the goal, they will send it to an additional specialist medical examination. In the case of long-term practitioners, the state health authorities shall ensure a professional examination no later than 14 days before the start of the withdrawal procedure so that the board can fully assess their health. The results of the medical examination with the appropriate design will be submitted by the physician to the district military administration of the permanent residence of the goal. Brance, where doctors find temporary incapacity for military active disease service (defect), is designated by the Chief of the District Military Administration for medical care. These goaltenders are provided free of charge medical care in the extent and manner specified by the Ministry of Health of the Czech Republic or the Ministry of Health of the Slovak Republic in an agreement with the Federal Ministry of Defence.

(9) According to the outcome of the medical examination, the President of the Commission shall give the following decision:

(a) the ability of a military-active guard; or

(b) the permanent inability to provide military service; or

(c) for the postponement of the contribution in the event of temporary incompetence of the disease (defect) goal.

(10) Branches are exempt from the obligation to visit the Czech and Slovak Federal Republic during their permanent stay abroad in order to fulfil their regular withdrawal obligation. The levy will be submitted upon return to the Czech and Slovak Federal Republic.

§ 17.

Extraordinary and voluntary contributions.

(1) Exceptional charges are subject to exceptional charges. If, in exceptional circumstances, such contributions cannot be made in the manner provided for in this Act, the Ministry of Defence shall adjust their implementation in the light of the circumstances. There is no appeal against a decision of appeal.

(2) The provisions on periodic contributions apply mutatis mutandis. If extraordinary contributions are ordered, persons subject to them shall be required to register with the authority of the municipality responsible for the administration responsible for the place of permanent residence.

(3) Voluntary contributions shall be made to persons allowed to enter the army on a voluntary basis. Voluntary contributions shall be made as required. The provisions on periodic contributions shall apply mutatis mutandis to voluntary contributions.

§ 18.

Rehearsal.

(1) If there is reason to believe that the final decision of withdrawal according to which the goals have not been taken is incorrect, they shall be examined by a higher commission.

(2) The examination shall be allowed only up to three years after 31 December of the year in which the decision was taken. However, if this decision has been caused by an act establishing the facts of a criminal offence, the examination may be carried out at any time.

(3) The review shall be directed by the authorities of the district military administrations,

(a) if it is suspected that the decision of departure under which the prisoner was not removed has been taken as a result of a criminal act;

(b) where doubts arise as to the correctness of the levy procedure in which the gate was not removed.

(4) If criminal proceedings are held to suspect that the removal decision under which the diaphragm was not taken was due to a criminal offence, the law enforcement authority which issued the final decision shall notify the outcome of the proceedings to the authority superior to the district military administration in whose district the diaphragm was subject to the levy.

(5) The examination is carried out by a higher commission. It shall not be a member of a person who has been a member of the District Commission on the same subject.

(6) The provisions on insolvency proceedings apply mutatis mutandis. If a specialist medical examination is necessary, the gateway may also be sent to another medical facility.

(7) There is no appeal against the decision of the higher commission.

§ 19

Costs related to registration, levy and checking

(1) Where public means of transport are used, the Branches shall be reimbursed for the costs incurred for the journey from the place of permanent or temporary residence to the registration, payment, examination or additional medical examination. Branches are paid by bus or fare in the lowest class of passenger train or speedster. The fare for registration, levy and checking shall be paid by the municipal office of residence of the citizen; the fare for the additional medical examination shall be borne by the military administration. If the profession of action has been misled by a citizen by neglect or circumventing an obligation or by misleading the commission, the fare shall not be reimbursed.

(2) A person who did not appear without a serious reason for being examined, or if the examination was ordered because a decision on incapacity for military active duty was taken as a result of the conduct of that person, who is a criminal offence, is obliged to reimburse the costs incurred for the examination. When sending a person to a military hospital an escort is needed for his or her resistance or for suspicion of escape, the costs of accompanying the person concerned shall be borne.

(3) The premises and rooms to carry out the levy, their heating and maintenance during the administrative procedure are provided for and the costs incurred are borne by the district authority or by an equivalent body of the state administration at the request of the district military administration.

(4) The costs incurred by municipalities or district authorities in carrying out tasks under this Act which cannot be covered by their budgets shall be borne by the federal budget.

Oddíl III.

Service duty.

§ 20.

The concept and types of duty.

(1) The duty of service is the duty of soldiers to board and perform an active military service in good time (paragraph 2).

(2) Military active service includes:

(a) basic service (§ 27);

(b) replacement service (§ 28);

(c) another service (§ 37),

(d) the service of professional soldiers (§ 25 (1)),

(e) the service of retired soldiers called for temporary service (§ 25 (3)),

(f) military exercises (§ 39); and

(g) exceptional service (§ 46, par. 1, § 47, par. 1, § 49, par. 2).

(3) Every soldier is obliged to perform his duties personally according to his mental and physical abilities and knowledge.

(4) Soldiers carrying out any of the duties referred to in paragraph 2 are in active duty, other soldiers are out of active duty.

§ 21.

Start, end and discharge of duty

(1) The service obligation shall be incurred on the date of removal. On this day, the detainees are assigned to the army and become soldiers. Until the date of embarkation of the basic (replacement) service, the soldiers shall be referred to as "recipients'.

(2) The obligation to perform the basic (replacement) service is for men to fulfil the obligation after the age of 18, unless they have accepted it voluntarily.

(3) The obligation to serve ends with dismissal (§ 22) or exclusion (§ 23).

(4) Staff duties shall be waived for persons who have filed a declaration of refusal of essential service or military training. 3)

§ 22.

Discharge from the army.

(1) They shall leave the army:

(a) persons who have been taken out without a legal basis;

(b) persons who have reached the age at which their duty of defence ends. Where a person who has reached that age carries out active military service at the time when an emergency measure has been ordered, his or her duty shall be extended until his or her discharge; However, when emergency measures are repealed, such persons must be released;

(c) persons who, following review procedures, have become permanently unfit for military active duty, excluding professional soldiers, in a retired capacity which can only be released at their written request;

(d) persons who have experienced other circumstances causing the disappearance of a military obligation and who do not, with the consent of the military administration, voluntarily take over the further discharge of the military obligation;

(e) persons required by civil service.

(2) The military administration may, at their request, extend the duration of the term of service to persons who have reached the age at which their military duties end. Such persons may then be discharged from the army at their request if some of the emergency measures have not been ordered. They may be released from office at any time. Professionals, retired, who do not apply for their own release from the army, shall be deemed to have extended their term of duty.

§ 23

Review procedure

(1) The review procedure shall identify the medical capacity or the inability of soldiers to operate in the military.

(2) Review proceedings shall be carried out by review committees in district military administrations, authorities superior to district military administrations and in military hospitals. Their establishment, composition and operation shall be laid down by the Federal Ministry of Defence by a generally binding law.

(3) The members of the review committees of the District Military Administrations are doctors in a similar manner to those of the recruitment committees.

(4) Committed soldiers are required to come to review proceedings. Ticket in the lowest class of the passenger train or express train or bus from the place of stay to the place of review and return shall be paid by military administration.

§ 23a

Relief from duty

(1) The President of the Czech and Slovak Federal Republic, Members of the Federal Assembly - Members of the Committees of the Federal Assembly set up for defence policy, the President and members of the Government of the Czech and Slovak Federal Republic, the President and members of the Defence Council of the State, judges of the Supreme Court of the Czech and Slovak Federal Republic, judges of the Constitutional Court of the Czech and Slovak Federal Republic, the Prosecutor General of the Czech and Slovak Federal Republic and the Inspector General of the Armed Forces of the Czech and Slovak Federal Republic shall be suspended or suspended during the term of office.

Citation	Act No. 92 / 1949 Coll., Branné zákon
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	10.04.1949
Effective from	01.10.1949
Effective until	-
Status	Valid

Act No. 92 / 1949 Coll.