428/2012 Sb.
LAW
of 8 June. November 2012
of securities settlements with churches and religious societies and amending
Some laws (law on securities settlements with churches and
religious societies)
Change: 177/2013 Sb.
Parliament
Mindful of the bitter experiences of the times when human rights and fundamental freedoms
they were on the territory of today's Czech Republic, suppressed,
determined to guard and develop the inherited cultural and spiritual wealth,
led efforts to mitigate the consequences of certain property and other injustices,
that have been committed by the Communist regime in the period 1948 to 1989,
deal property relations between the State and churches and religious
companies such as the assumption of full religious freedom and allow
restoring equity base of churches and religious societies free
and the independent status of churches and religious societies, whose
the existence and operation of the considered a necessary element of democratic
the company,
has passed on this Act of the Czech Republic:
PART THE FIRST
SETTLEMENT WITH CHURCHES AND RELIGIOUS SOCIETIES
TITLE I OF THE
BASIC PROVISIONS
§ 1
The subject of the edit
This Act regulates the mitigation of certain property injustices that have been
committed by the Communist regime "^ 1") churches and religious societies,
which, at the date of entry into force of this law the State registered
churches and religious societies, according to law other ^ 2)
(hereinafter referred to as "registered Church and religious society"), in the period from
on 25 February 1948 to 1. January 1990 (hereinafter referred to as the "vesting period") and
settlement of property relations between the State and registered churches and
religious societies.
§ 2
The definition of certain concepts
For the purposes of this Act, means the
and the original property of the registered) churches and religious societies
things, property rights and other assets, including
ownership and parts and accessories of the things that have been
at least part of the vesting period in the ownership or that belong to
registered churches and religious societies, the legal persons
set up or established as part of the registered churches and
religious communities, Religious nut or another legal
persons established or established in order to support the activities of the
registered churches and religious societies to the spiritual,
pastoral, charitable, medical, educational, or
administrative purposes, or their legal predecessors,
b) agricultural real estate
1. lands that, on the date of 24. June 1991 consisted of agricultural soil Fund
due to this Fund or ^ 3),
2. lands that, on the date of 24. June 1991 consisted of forest soil Fund ^ 4),
3. residential buildings, buildings and other buildings belonging to the original
farmhouses, including built-up land,
4. residential and economic buildings and facilities serving agricultural and forestry
production or related water management, including the built-up
land.
TITLE II
THE RELEASE OF SOME OF THE THINGS AUTHORISED PERSONS
§ 3
Authorized person
A qualified person is
and the Church and religious) registered company
(b) a legal person established or) was founded as part of the registered
Church and religious society,
(c)) legal person established or founded in order to support the activities of the
registered churches and religious societies to the spiritual, pastoral,
charitable, medical, educational or administrative purposes,
d) religious nut,
under the condition that the relevant period suffered this person or his legal
the precursor material injustice as a result of some of the facts
referred to in section 5.
§ 4
Mandatory of the person
Required by the person's
and) Land Fund of the Czech Republic,
(b)) Forests of the Czech Republic, with a. p.,
(c)), which is the appropriate organizational component of the State
(d)) the State contributory organization, State Fund, State enterprises and other
State Organization,
provided, that this person is authorized to manage state assets
or manage the assets of the State, which became in the relevant period
the subject property wrongs as a result of some of the facts referred to
in § 5.
§ 5
The facts leading to inequities
Facts which occurred in the period applicable to the property
inequities are
and the withdrawal of the case without compensation) procedure provided for in Act No. 142/1946 Coll.
revisi first agrarian reform, or according to the law No 46/1948 Coll.
a new land reform (the permanent adjustment of the ownership of agricultural and forestry
the soil),
(b) the withdrawal of the case by the law) No 185/1948 Coll., on the nationalization of medical and
care institutions and about the Organization of State constitutional law, health care,
No 169/1949 Coll. on military újezdech, Act No. 95/1948 Coll.
basic adjustment of the single education (the Education Act), Act No. 125/1948
On the nationalization of the natural medicinal resources, and the spa and on the integration and
konfiskovaného management Spa property, and Act No. 124/1948 Coll.
the nationalization of some of the guest and výčepnických businesses and accommodation
the device,
(c)) acts of religious nut, which has the property that
owned, in particular when the procedure in accordance with Decree No. 351/1950. l. I.,
taking over the management of certain property for the essence of religious Fund,
(d)) made by the abbreviated form of the auction procedure for the payment of claims
the State,
(e)), unless the deed of donation was in distress,
(f) if the purchase contract) to the conclusion of the contract of sale was in distress or for
arm conditions
g) refusal of inheritance in inheritance proceedings, if the denial of heritage
There was in distress,
(h)) expropriation compensation, if the thing exists, and does not serve the purpose for
that was vyvlastněna,
even the nationalization or expropriation) carried out in breach of the then applicable
law, or without the payment of refunds,
j) political or religious persecution or infringing the procedure generally
recognized principles of democratic rule of law or human rights and
freedom, including the refusal or failure to protect title
or denial of their decision-making about property claims before
Court or other public authority, or
to or retaining) things without a legal reason.
§ 6
The issue of things the Land Fund of the Czech Republic and the forests of the Czech Republic,
s. p.
Person required under section 4 (b). and (b)) and shall issue to the holder a culture)
thing in State ownership, which belonged to the original asset
registered churches and religious societies, and became the subject of a
property wrongs suffered by the beneficiary or its legal
the predecessor of the relevant period as a result of some of the facts
referred to in section 5.
section 7 of the
The issue of other things required of persons
(1) a person Required under section 4 (b). (c)), and (d)) shall issue to the holder of the
a culture thing in State ownership, which belonged to the original asset
registered churches and religious societies, and became the subject of a
property wrongs suffered by the beneficiary or its legal
the predecessor of the relevant period as a result of some of the facts
referred to in section 5, if a) functionally related or related to culture
the things you own, or person that is issued in accordance with this
of the Act, or (b)) to the beneficiary or its legal predecessors in
vesting period served to the spiritual, pastoral, charity,
medical, educational or administrative purposes, or as a
the dwellings of clerics.
(2) the person Required under section 4 (b). (c)), and (d)) shall issue to the holder of the item of movable
thing in State ownership, which belonged to the original asset
registered churches and religious societies, and became the subject of a
property wrongs suffered by the beneficiary or its legal
the predecessor of the relevant period as a result of some of the facts
referred to in section 5, if functionally related or linked to the culture of things,
that the person owns or which is issued in accordance with this
the law.
§ 8
(1) a thing may be issued in the case, that this is a
and built-up land); for built-up land is considered to be part of the plot,
that was then, when it became the subject of property wrongs as a result
some of the facts referred to in section 5, installed by building or parts of
construction capable of stand-alone use (hereinafter referred to as "construction"), if the
the building established in accordance with the building Act ^ 5) and is used, and
part of the plot of land with a building immediately and necessarily related
necessary for use of the construction works; for built-up land is also considered part of the
land built-up construction, which is owned by a person other than the
State or the authorized person, and on the part of the plot of land with a building
directly related and necessary to the use of the building,
b) proclaimed the thing that make up the territory of the military District ^ 6), and the construction,
which is located on this territory,
(c) the Registrar,) have moved into the property of the State, pursuant to section 27 of Act No.
268/1949 Coll. on registers,
d) proclaimed the thing used for performance of the tasks of the Security Corps ^ 7) or to the
preparation for the implementation of these tasks,
(e) the exempted from agricultural land) Land Fund, which was established
in accordance with the building Act sports field, that is used,
(f)) part of the plot or a building, which is needed for the implementation of public
beneficial to the construction of the transport or the technical infrastructure, as defined in the
the approved territorial planning documentation for the rights to land
and the attention to expropriate; This does not apply, it is sufficient for the public interest
the construction of the establishment of an easement
g) proclaimed thing forming the territory of the national park or national nature
booking and construction, which is located on this territory, or
(h)) case konfiskovanou on the basis of the Decree of the President of the Republic No. 12/1945
Coll., on confiscation and accelerated distribution of agricultural property of Germans,
Hungarians, as well as traitors and enemies of the Czech and Slovak nation, or
Decree of the President of the Republic No. 108/1945 Coll., on the confiscation of
enemy assets and funds of the national recovery.
(2) If a culture thing, which is to be issued pursuant to this Act, the State
is essential to the fulfilment of their obligations arising from legal
legislation and to meet these obligations, you cannot use other real things
is the person required to allow mandatory use of this stuff for the person in the
the place and time of the usual rent for a period of 10 years from the date on which it takes
ownership of things.
§ 9
The procedure for the issue of agricultural real estate
(1) the entitled person writing prompts the person to issue compulsory agricultural
real property within 12 months from the date of entry into force of this Act, or
her claim. In the call the person marks the agricultural
the property and stating the legal reason of entitlement to its issue under this
the law; to determine the agricultural real property is sufficient, if it is marked according to the
in a time when the State has become the subject of property wrongs. Furthermore, the beneficiary
the person
and connects the instrument or otherwise) showing that agricultural property belonged
to the original asset of registered churches and religious societies,
(b)), the instrument or attached shall give reasons, which shows that it is true
some of the facts referred to in section 5,
(c)) connects the instrument or otherwise provide proof certifying the fact one of the
the conditions pursuant to section 7 (2). 1 (a). and (b))) or, if it is required by a person
the person referred to in section 4 (b). (c)), or (d)),
(d) the instrument proving) connects legal succession, or a legal
otherwise, the succession shall certify the claim on the issue of agricultural
real estate, which became the subject of property injustice at a time when it
He owned the legal predecessor of the authorised person.
The challenge, which was served on the person required, can be supplemented by other reasons,
the facts and the documents certifying the claim; claim
not such a replenishment of expand. Mandatory person within 15 days from the date of
When it receives a challenge deliver a copy thereof to the competent, land of the authority;
as required the person progresses, if Tween calls for more
the reasons of fact and documents certifying the claim.
(2) the person shall conclude a written agreement with a qualified person for the issue of
agricultural property within 6 months from the date of receipt of the request, if this
the law provides otherwise (article 11). The agreement will be the real estate listed information
According to the Land Registry Act. If the subject of an edition of only part of the plot
registered in the land registry in the form of the parcel must be
an integral part of the agreement, a geometric plan.
(3) the agreement between the person and the person liable on the issue of agricultural
real estate is subject to the approval of the land Office ^ 8) in administrative proceedings,
the participants are the authorized person and the person.
(4) where the land, that the agreement does not apply to agricultural
real estate, it shall reject the request for its approval. In this case,
in accordance with section 10, paragraph 1. 3.
(5) if there is no agreement on the issue of agricultural real property concluded in accordance
the law, land it does not approve. A waste of the expiry of the
action in the matter, or on the date on which the decision of the Court,
which the court action fails, the procedure for the issue of agricultural
real estate, which leads the land and whose participants are entitled to
the person and the person. The action referred to in the second sentence and the decision
the Court of such action shall inform the person concerned without delay of land
the Office.
(6) in the absence of a competent person and a compulsory between the person to close the
the agreement on the issue of agricultural property, shall decide on the basis of a proposal
the persons concerned on the issue of agricultural real estate land Office; a proposal from the
can be made up to 6 months after the expiry of the period referred to in paragraph 2. The participants of the
the proceedings are the authorized person and the person. If it finds a land Office
It is not an agricultural property, a proposal on the issue of beneficiaries
real reject; in this case, proceed according to section 10, paragraph 1.
4.
(7) the decision referred to in paragraph 5 or 6 issues land within 6
months; If it is a particularly complicated case, the land Office shall issue a decision
in a period of 12 months.
(8) the Office against the decision of the land referred to in paragraphs 4 to 6 shall not be
appeal.
(9) the agreement referred to in paragraph 3 together with the decision of the land Office of the
its approval or a decision on the issue of agricultural real estate by
paragraph 5 or 6 shall submit land Office within 30 days from the date of acquisition
the decision of the competent authority to the cadastral record
ownership or other rights in the land register ^ 9).
(10) decided to land under this Act, may be this thing
discussed in the proceedings referred to in the fifth section of the code of civil procedure. To control the
It is in the first instance by the competent regional court.
§ 10
The procedure for the release of things other than agricultural real estate
(1) the entitled person writing prompts the person to issue the obligatory things other than
agricultural real property within 12 months from the date of entry into force of this
the law, otherwise the claim shall be extinguished. In the call the person marks the thing and
indicate the legal cause of the claim on its issue under this Act; to determine the
things will, if it is marked by the State at the time, when it became the subject of a
property wrongs. In addition the person entitled
and connects the instrument or otherwise) showing that the case belonged to the original
the assets of registered churches and religious societies,
(b)), the instrument or attached shall give reasons, which shows that it is true
some of the facts referred to in section 5,
(c)) connects the instrument or otherwise provide proof certifying the fact one of the
the conditions pursuant to section 7, a person is liable to the person referred to in section 4, paragraph 4. (c))
or (d)),
(d) the instrument proving) connects legal succession, or a legal
otherwise, the succession shall certify, if entitled to release things other than
agricultural real estate, which became the subject of property wrongs in
When it owned the legal predecessor of the authorised person.
The challenge, which was served on the person required, can be supplemented by other reasons,
the facts and the documents certifying the claim; claim
not such a replenishment of expand.
(2) the person shall conclude a written agreement with a qualified person for the issue of
things other than agricultural real property within 6 months from the date of delivery of the
challenges, if this law provides otherwise (article 11). The agreement will be
real estate listed by the cadastral data of the Act. If the subject will be
the release of only a portion of the land registered in the land registry in the form of
the parcel must be an integral part of the agreement, a geometric plan.
(3) the right of ownership to other than agricultural real estate
registered in the land register shall become entitled to a person on the basis of
the agreement on the release of the deposit in the land register things ^ 9).
(4) in the absence of an agreement on the issue of the things referred to in paragraph 2, or
under section 11, the person entitled may apply, within a period of 3 years on the Court with
the proposal to replace the missing Act required persons, otherwise its
the claim shall be extinguished. The deadline for the submission of the proposal referred to in the first sentence shall start to run
vain expiry of 6 months laid down in paragraph 2 or in section 11.
§ 11
Common provisions on the issuing of things
(1) If the person entitled has prompts according to § 9 or 10 to release things to the person
referred to in section 4, which is authorized to manage state assets, which
is the subject of the call, or is not entitled to exercise the management of the assets
(hereinafter referred to as "inappropriate person"), and nepříslušné the person is from documents
is available from the land registry, or mandatory person known,
forward inappropriate person challenge mandatory person within 15 working days from the
the date on which it was delivered by an authorised person.
(2) if the person is not nepříslušné on the basis of the information referred to in paragraph 1 required
the person is known, it shall, within 15 working days from the date of receipt of the request
the land registry office for the detection of data on legal relations to
agricultural property or to things other than agricultural real estate.
The land registry office within 6 months from the date when the application was nepříslušné
persons served, finds the requested information and, as appropriate, shall be
the identification of the parcel or document from which it will be clear to which of the
the existing plots of the relevant property or its part (intervenes
"the documents"), and these documents shall be sent to the person nepříslušné.
(3) on the basis of documents that inappropriate person receives under paragraph
2,
and forward the challenge together with) the documents within 15 working days of the date when eats
the documents were delivered to the person, or mandatory
(b)) together with the documents shall forward the challenge within 15 working days of the date when eats
the documents were delivered,
1. the Land Fund of the Czech Republic, if the evidence shows that the
the owner of the agricultural property is State, but required the person cannot be
to find out, the person be allowed to lapse, or mandatory or
2. The Office of the Government representation in property Affairs ^ 10), if
the documents show that the owner of the things other than agricultural real property is
State, but required the person cannot be identified, or mandatory person be allowed to lapse.
(4) in the case referred to in paragraph 3 (b). (b)), item 1, the Land Fund of the Czech
the Republic considers it mandatory person and under the conditions laid down in this
the Act closes with a qualified person an agreement on the issue of the matter. In the case of
in accordance with paragraph 3 (b). (b)), point 2, the Office of the Government representation in the
matters of property within 1 month from the date when he was a challenge along with
documents received, other than agricultural real estate takes in another
the law ^ 11) and under the conditions laid down in this law shall conclude with the
by an authorized person, the agreement on the issue of the matter.
(5) For the periods, in the case referred to in
and paragraph 1 was claim) on the issue of agricultural property or other things
than agricultural real estate in prompted, in the range of nárokovaném applied in the
the time limit,
(b) paragraph 3 (b)). and the time limit for the conclusion of the $ 4,000) to the agreement under section 9 (2).
2 or under section 10, paragraph 1. 2 run from the date of delivery of the call, together with the documents
required a person
(c) paragraph 3 (b)). (b) point 1 shall conceive) the deadline for the conclusion of the agreement referred to in section 9
paragraph. 2 run from the date of delivery of the call, together with the Land Fund documents
The Czech Republic,
(d) paragraph 3 (b)). (b)), item 2, the period for the conclusion of the agreement on the release of things
under section 10 (1). 2 do run on the day following the date on which the Office
for the representation of the State in matters of property other than agricultural
real estate took another legal regulation.
(6) Whoever acts referred to in paragraphs 1 to 5 shall be in writing and on them
within the time limits that are set for these operations, it shall inform the authorised
the person. The Office of the Government representation in property Affairs shall inform the
beneficiaries in writing also about the beginning of the time limit under article 10, paragraph 1.
2, within 15 working days from the date when the things other than agriculture
real estate.
(7) If, according to the data obtained from the owner of the real estate cadastre
real person other than the State, or by those data cannot be
the owner of the things to discover, it shall inform the inappropriate person without undue
the delay in writing by an authorized person and at the same time she call returns. Authorized
in this case, the person may claim the release of real u
the Court, in a period of 3 years from the date on which it was delivered to the written
notification from the nepříslušné of the person referred to in the first sentence, otherwise her claim
cease. If it is not, as the owner of the agricultural real estate in cadastre
the real estate is registered no person, the defendant is a Land Fund of the Czech
of the Republic; If it is not, as the owner of the things other than agricultural real estate
registered no person is the defendant State, for which the Court acts
The Office of the Government representation in property Affairs.
(8) if the subject matter of a movable and nepříslušné challenges the person is not known
the required person or it is not known where the case is located shall inform the
15 working days from the date of receipt of the request in writing by an authorized person and
at the same time she call returns. Paragraph 7, second sentence, and the third part of the sentence for
the semicolon shall apply mutatis mutandis.
(9) with the culture Affairs issued under this law shall also
movable assets from the original registered churches and religious
the companies, which are owned by the State and the culture of things functionally
were linked or related.
§ 12
Settlement rights and obligations on váznoucích things
(1) the Agreed-to the person with the required person otherwise in writing,
the thing is, the beneficiary shall issue in the condition in which it existed on the date of
delivery call for its release required the person, with its components and
Accessories, which were due to the original assets registered
churches and religious societies, or that, or their function
or are necessary for the proper use of the real matter in accordance with its
the purpose of the. Required the person has against the holder of other rights related
with the issuance of things than that provides this or another Act. Authorized
the person to whom the case was issued, does not have the required rights to another person
issued related things than laying down the law.
(2) is binding on the issued stuff lien, at the moment of its release
This right shall lapse. Mandatory person commitment secured by right of lien
enquiry or otherwise shall ensure at the time of issue of the matter.
(3) if the mandatory person before the date of entry into force of this Act
the contract on the use of the case or the Treaty on the right of the appropriate factual
burden at arm's length conditions, such person may
terminate the legal relationship within a period of 1 year from the date of issue of the case, and that in 6
month notice period, if not between the person and the user
or between a person and the person entitled of easement
unless otherwise agreed in writing.
section 13
Restrictions on transfer of the goods which were the subject of property wrongs
(1) things that make up the original assets registered churches and religious
the companies, which are owned by the State, not for 24 months
from the date of entry into force of this provision to convert into ownership of the other
the person, leave the other person to use, or encumber the right of any other person.
After expiry of the period referred to in the first sentence of the State cannot be converted to the
the ownership of another person, let the other person to use, or encumber
the right of any other person, the things that make up the original assets registered churches and
religious communities, whose release was entitled under the
This law, however, to release things there, and for a period, when the
the procedure before the land Office under this Act, or until the date on which the
and in vain) the time limit for bringing an action under part five of the civil
a court order or for the exercise of the right to release things in court,
b) period 2 months after the entry into force of a court decision on the
an action under part five of the judicial code, if the action is brought
and if the appeal has not been filed; If an appeal is lodged, the period shall be
extended until the decision of the Court of dovolacího, which is delivered by the appeal
does not comply with, or
(c)) period 2 months after the entry into force of a court decision on the
the claim, if the claim has been filed in court and could not be an appeal;
If the appeal is lodged, the period is hereby extended until the decision of the dovolacího
the Court, which sustained the appeal does not comply with.
(2) the legal acts in contravention of paragraph 1 are not valid.
(3) the date of receipt of the request to release the movable in the edition of movables
a person must not be a mandatory item of movable thing to move to a place other than where the
located on the date of receipt of the request, with the exception of the location of the premises
or the appropriate schovatele on the basis of a written contract. Unless
mandatory item of movable person thing based on the challenges, constraints, move this thing
According to the first sentence takes the day when
and in vain), the deadline for claims in court, or
b) period 2 months after the entry into force of a court decision on the
the claim, if the claim has been filed in court and could not be an appeal;
If the appeal is lodged, the period is hereby extended until the decision of the dovolacího
the Court, which sustained the appeal does not comply with.
The person is entitled to compensation for the damage, which required a person
causes an infringement of this obligation.
§ 14
The new arrangement of land and the payment of costs with the United
(1) to the Division, or scelení of the land for the purpose of its release is not to be
the release of the decision or action of another public authority than
the cadastral registry.
(2) Necessary costs associated with the valuation of goods, identification of things
identification of the parcel, copy of the documents referred to in section 11 (1). 2, a
and the focus of land and the establishment of a geometric plan shall be borne by the State, and it
in the case of agricultural real estate by land authorities and
in other cases, by means of compulsory persons.
TITLE III
THE FINANCIAL SETTLEMENT BETWEEN THE STATE AND CHURCHES AND RELIGIOUS SOCIETIES
§ 15
Financial compensation
(1) a registered Church and religious society referred to in paragraph 2
(hereinafter referred to as ' the Church and religious society "), which rejects the
conclude a contract with the State of settlement pursuant to section 16, shall receive a lump
financial compensation (hereinafter referred to as "financial compensation").
(2) the amount of the financial compensation for the individual concerned the Church and religious
the company shall be:
and the) Apostolic Church 1 056 336 374 CZK
(b)), the Baptist Union 227 862 069 CZK
(c)), the Church of the seventh day Adventist Czk 520 827 586,
(d)), Evangelical Brethren Church 761 051 303 CZK
the Czechoslovak Hussite Church) 3 085 312 0000 CZK
(f) the Greek Catholic Church) 298 933 257 CZK
(g)) the Church Roman Catholic 47 200 0000 0000 CZK
(h)), Evangelical, Evangelical Church of 2 266 593 186 Kč
I) of the Evangelical Church of the Augsburg Confession in the Czech Republic, 118 506
407 CZK
j) United Methodist Church, 367 634 208 Eur
k) of the Federation of Jewish communities in the Czech Republic, 272 064 153 Usd
l) unity of the brethren 601 707 065 CZK
m) Lutheran Evangelical Church and in the Czech Republic 113 828 334 CZK
n) religious society of the Czech Catholic Church, 35 999 847 Kč
about) the Orthodox Church in the Czech lands 1 146 511 242 CZK
p) Silesian Evangelical Church of Augsburg Confession CZK 654 093 059
r) old Catholic Church in the Czech Republic, 272 739 910 Czk.
(3) the financial compensation shall be paid in 30 consecutive
the following annual instalments. The amount of the annual instalment is calculated as
the share of the outstanding amount of the financial compensation and the number of still outstanding
annual instalments.
(4) the annual instalment of the financial compensation shall be paid by the Ministry of culture always
not later than 31 December 2006. December of the calendar year for which it is intended, and it
starting in 2013.
(5) after payment of the first annual instalment, the amount of the outstanding amount of the financial
compensation increases each year by the rate of annual inflation published by the Czech
the Statistical Office for the calendar year for the previous two years
calendar year specific annual instalment payment. A new amount of the
the outstanding amount of the financial compensation shall notify the Ministry of culture of the concerned
the Church and religious society.
(6) the financial compensation is not subject to tax, charge, or any similar
financial.
section 16 of the
Treaty on the settlement of
(1) the securities settlement closes with each State affected Church and
Treaty on the settlement of a religious society. The Treaty on the settlement of
under this Act, the provisions of the civil code, with
exception of the provisions on invalidity and unenforceability of legal acts,
the provisions on the change in the person of the debtor or the creditor, unless it is a legal
the succession, and with the exception of the provisions on the dissolution of the undertaking, without
satisfaction of the creditor, in particular the provisions on withdrawal from the Treaty,
the termination clause and provisions on impossibility of performance. Regarding the
payment of the financial compensation has become the position of the debtor and the Church
and religious society the status of creditors. Against the claim on
financial compensation or payment of financial compensation is not permitted
set-off, or enforcement of a decision or execution.
(2) in addition to the requirements referred to in paragraph 1 is part of a Treaty on the settlement of
and the explicit understanding about it), that the conclusion of the contract on the settlement are
all claims of the interested churches and religious communities for the original
the assets of registered churches and religious societies, which became
in the relevant period, the subject of property injustices as a result of some of the
the facts referred to in section 5, that under this law, does not extradite,
settled with the fact that the issue of things under this Act is not this
without prejudice to the arrangements,
(b) the amount of the financial compensation),
(c)), arrangements, that the financial compensation shall be paid in the form of thirty
immediately after the subsequent annual instalments,
(d)), arrangements, that the amount of the unpaid financial compensation will be
increased annually, under the conditions and procedure laid down in section 15(2). 5,
(e)), arrangements, that the obligation to pay financial compensation cannot without
the agreement of the parties to the crease other than fulfillment,
(f) the commitment of the State that) will pay a contribution to support the activities of the
churches and religious communities concerned under section 17,
(g)), arrangements, that the purpose of this Agreement shall be governed by this law, as amended by
effective on the date of conclusion of the contract.
(3) for the State concluded a contract on the settlement with each of the churches and the
a religious society by the Government.
(4) For the Church and religious society concluded the Treaty on the
the settlement of statutory authority. In the case of a basic document
the Church and religious society concerned implies restriction of the statutory
the authority concerned in the churches and religious communities to the disposition of the property,
is required prior to the signing of the contract authority to the legitimate
the authority concerned of the Church and religious society.
(5) the draft Treaty on the settlement of the Ministry of culture will deliver each of
churches and religious societies concerned within 2 months from the date of acquisition
the effectiveness of this Act.
(6) the Treaty of settlement between the State and the churches and religious
the company closes within 9 months from the date of entry into force of this
the law. The settlement agreement shall announce the Ministry of culture
communication in the collection of laws within 2 months from the date of its conclusion.
(7) If a settlement of the contract concluded within the time limit referred to in paragraph 6 of
reason on the part of the State, the Church and religious society concerned may
go to a court with a proposal to replace the missing Act.
§ 17
Contribution to support the activities of the affected churches and religious
companies
(1) for a period of 17 years from the date of entry into force of this Act (hereinafter referred to as
"transitional period") the State shall be paid to the affected churches and religious
companies contribution to support their activities (hereinafter referred to as
a "contribution").
(2) in the first three years of the transitional period, the amount of the contribution shall be equal to
the amount granted by the Church and religious society concerned on the basis of the
Act No. 218/1949 Coll., on economic security of churches and
religious society by the State, in the wording of later regulations, in
2011.
(3) the amount of the contribution from the fourth year of the transitional period, annually
reduced by an amount equivalent to 5% of the amount paid in the first year
the transitional period.
(4) the allowance shall be paid per calendar year, and no later than 31 December 2006.
January of the calendar year for which it is intended.
(5) the contribution is not subject to tax, charge, or any similar
financial.
TITLE IV
THE FINAL, TRANSITIONAL AND CANCELLATION PROVISIONS
section 18
Final provisions
(1) a person may submit a complaint to the Court about the destination of the title
State because of that thing from the original asset of registered churches and
religious communities have been, before the date of entry into force of this Act
transferred or moved from the property to the State in the ownership of other persons in the
contrary to the provisions of section 3 of Act No. 92/1991 Coll., on conditions for the transfer of
the State assets to other persons, or in conflict with the provisions of section 29 of the Act
No. 229/1991 Coll., on the adjustment of the ownership of land and other
agricultural property, as the effective date of entry into force of the
the law; the time limit for the application of the call for the release of things starts to run from the date of acquisition
the decision, which was addressed to the right of ownership to the State.
(2) If the date of entry into force of this law, not on the basis of acts of the
the public authorities of the vesting period for cancellation of registration
of ownership in the land register showing a legal person
referred to in section 3, this legal person is, at the date of acquisition
the effectiveness of this law, the owner of the immovable things registered in its
ownership; This, however, only under the condition that the acts referred to in section
2 (a). and) of this law.
(3) the person petitioning their claim under this Act for
the Court is exempt from court fees ^ 12).
(4) in the application of this law shall be spared its purpose, which is
mitigate property injustices caused by the registered churches and
religious communities in the relevant period. Public authorities
provide synergy in particular beneficiaries by them without
undue delay shall provide free of charge a copy of the registration statements and other
the documents that can help to clarify their claims.
(5) if it is necessary to check eligibility, the persons concerned shall provide the
the land registry office of the authorized person, the required person or
nepříslušné person free of charge to the relevant data from the land registry and the
If necessary, draw up the identification of the parcel or other document from the
which will result in which of today's parcels immovable thing that is
the subject of the claim, or part thereof.
(6) on behalf of the beneficiaries listed in section 3 (b). (b)), and (c)), if
did not qualify alone, may be entitled to release things apply it directly
the parent of the legal person, or a registered Church and religious
the company, which this person has created or established or already have this
part of the person.
(7) the release of goods do not prevent the person, if the mandatory item of movable thing
does not register as a separate thing or as property under the law on
accounting, but in specific registers in accordance with other legal
regulations ^ 13).
(8) this Act does not affect the right of parties to judicial and other
legal protection against anyone who keeps the original assets registered
churches and religious societies.
(9) the rights and obligations of the founder of the religious matrix carries the date of
the entry into force of this law, the Roman Catholic Church.
(10) this law shall not apply to the Cathedral of St. Vitus
St. Adalbert Church, located on the grounds of parc. No 4 of 5 005 m2 and
the land the parc. No 5 of 502 m2 in the municipality of Prague, the cadastral territory
Hradčany, including land. This law shall also apply to
the building, located at no. 37 on the grounds of parc. No area of 85 m2 and 776
the building at no. 48, located on the grounds of parc. No. 6 area of 982 m2
in the municipality of Prague, Hradčany, cadastral territory including the land.
(11) the person shall submit the form to the Ministry of
culture information from the accounting matters issued pursuant to this Act, and
always to the end of February in the calendar year for the previous calendar year. Pattern
the form on which the information referred to in the first sentence shall be submitted, shall lay down the
the Decree, which the Ministry of culture, in agreement with the Ministry of
Finance and Czech Statistical Office.
§ 19
Cancellation provisions
Shall be repealed:
1. Act No. 218/1949 Coll., on economic security of churches and
religious society by the State.
2. Law No. 16/1990 Coll., amending Act No. 218/1949 Coll., on
economic security of churches and religious societies the State.
3. Act No. 522/1992 Coll., amending Act No. 218/1949 Coll., on
economic security of churches and religious societies the State, in
the text of the law No 16/1990 Coll.
4. Government Regulation No. 36/1971 Coll. repealing certain provisions of the
Government regulation governing the economic security of churches and
religious society by the State.
5. Decree-Law No 566/2006 Coll., on payment of the personal benefits of spiritual
churches and religious societies.
PART THE SECOND
Amendment of the Act concerning the conditions of the transfer of State assets to other persons
section 20
In section 3 of Act No. 92/1991 Coll., on conditions for the transfer of property to the State on the other
persons, including paragraph 1 of footnote 1 shall be deleted and at the same time
paragraph 2 shall be deleted.
PART THE THIRD
Amendment of the Act on the adjustment of the ownership of land and other agricultural
property
section 21
In the Act No. 229/1991 Coll., on the adjustment of the ownership of land and other
agricultural property as amended by law No 42/1992 Coll., Act No. 93/1992
Coll., Act No. 39/1993 Coll., Act No. 182/1993 Coll., the finding of a constitutional
the Court declared under no 131/1994 Coll., the finding of the Constitutional Court
declared under the No 166/1995 Coll., the finding of the Constitutional Court, declared
No. 29/1996 Coll., Act No. 30/1996 Coll., Act No. 139/2002 Sb.
Act No. 320/2002 Coll., Act No. 253/2003 Coll., Act No. 354/2004 Coll.
the finding of the Constitutional Court, declared under no 272/2005 Coll., the award
The Constitutional Court declared under the no 531/2005 Coll., Act No. 131/2006
Coll., Act No. 179/2006 Coll., Act No. 254/2011 Coll. and Act No. 89/2012
Coll., section 29 is repealed.
PART THE FOURTH
Amendment of the Act on income taxes
section 22
In section 18 of Act No. 586/1992 Coll., on income taxes, as amended by Act No.
157/1993 Coll., Act No. 323/1993 Coll., Act No. 114/1994 Coll., Act No.
259/1994 Coll., the Act No. 152/1995 Coll., Act No. 18/1997 Coll., Act No.
227/1997 Coll., Act No. 111/1998 Coll., Act No. 492/2000 Coll., Act No.
483/2001 Coll., Act No. 162/2003 Coll., Act No. 438/2003 Coll., Act No.
562/2004 Coll., Act No. 669/2004 Coll., Act No. 179/2005 Coll., Act No.
342/2005 Coll., Act No. 545/2005 Coll., the Act No. 261/2007 Coll. and act
No 296/2007 Coll., is at the end of paragraph 4 is replaced by a comma and dot
the following point (e)), which read:
"e) of not acquiring real estate and movable property in accordance with the law on the
securities settlements with churches and religious societies and of their
first sale. ".
PART THE FIFTH
The amendment of the law on churches and religious societies
section 23
Law No. 3/2002 Coll., on freedom of religion and the status of churches
and religious communities and on amendments to certain acts (the Act on churches
and religious societies), in the wording of the finding of the Constitutional Court
declared under the No 4/2003 Coll., Act No. 562/2004 Coll., Act No.
495/2005 Coll., Act No. 296/2007 Coll., Act No. 129/2008 Coll., Act No.
41/2009 Coll., Act No. 227/2009 Coll., Act No. 375/2011 Coll. and Act No.
420/2011 Coll., is hereby amended as follows:
1. In section 7 (2). 1, letter c) including footnote 6 is deleted.
Existing subparagraph (d)) to (f)) are renumbered as paragraphs (c) to (e)).)
2. In article 7 (2). 2 and 3, § 11 (1). 3 and 4 and in section 18, paragraph. 1 (a). (f))
the word ") to (e))" shall be replaced by "and to (d)))".
3. Part five, including the title.
PART SIX
Change the law amending certain laws in connection with the adoption of the
Education Act
section 24
In the law No. 562/2004 Coll., amending certain laws in connection with the
the adoption of the Education Act, as amended by Act No 264/2006 Coll., is part of the
the first, including the title.
PART SEVEN
Amendment of the Act on administrative fees
§ 25
The annex to the Act No 634/2004 Coll., on administrative fees, as amended by law
No. 217/2005 Coll., Act No. 228/2005 Coll., Act No. 357/2005 Coll., Act
No 361/2005 Coll., Act No. 444/2005 Coll., Act No. 545/2005 Coll., Act
No 553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act
No 57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act
No 112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll., Act
No. 138/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll., Act
No 186/2006 Coll., Act No 215/2006 Coll., Act No. 226/2006 Coll., Act
No 227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act
No 575/2006 Coll., Act No. 106/2007 Coll., the Act No. 261/2007 Coll., Act
No 269/2007 Coll., Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act
No 38/2008 Coll., Act No. 130/2008 Coll., Act No. 140/2008 Coll., Act
No. 182/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll., Act
No 239/2008 Coll., Act No. 254/2008 Coll., Act No. 296/2008 Coll., Act
No 297/2008 Coll., Act No. 301/2008 Coll., Act No. 309/2008 Coll., Act
No 312/2008 Coll., Act No. 382/2008 Coll., Act No. 9/2009 Coll., Act
No 141/2009 Coll., Act No. 197/2009 Coll., Act No. 206/2009 Coll., Act
No 227/2009 Coll., Act No. 281/2009 Coll., Act No. 291/2009 Coll., Act
No 301/2009 Coll., Act No. 346/2009 Coll., Act No. 420/2009 Coll., Act
No 132/2010 Coll., Act No. 148/2010 Coll., Act No. 153/2010 Coll., Act
No 160/2010 Coll., Act No. 343/2010 Coll., Act No. 427/2010 Coll., Act
No 30/2011 Coll., Act No. 105/2011 Coll., Act No. 133/2011 Coll., Act
No 134/2011 Coll., the Act No. 152/2011 Coll., Act No. 188/2011 Coll., Act
No 245/2011 Coll., Act No. 249/2011 Coll., Act No. 255/2011 Coll., Act
No 262/2011 Coll., Act No. 300/2011 Coll., Act No. 308/2011 Coll., Act
No 329/2011 Coll., the Act No. 344/2011 Coll., Act No. 349/2011 Coll., Act
No 350/2011 Coll., Act No. 357/2011 Coll., Act No. 367/2011 Coll., Act
No 428/2011 Coll., Act No. 457/2011 Coll., Act No. 458/2011 Coll., Act
No 472/2011 Coll., Act No. 19/2012 Coll., Act No. 37/2012 Coll., Act
No 53/2012 Coll., Act No. 119/2012 Coll., Act No. 169/2012 Coll., Act
No 172/2012 Coll., Act No. 202/2012 Coll., Act No. 221/2012 Coll., Act
No 225/2012 Coll. and Act No. 375/2012 Coll., is hereby amended as follows:
1. Under item 3, the provisions of the "liberation" the following point 4 is added:
"4. the fee referred to in subparagraph (a)) of this item are exempt
registered churches and religious societies, legal persons established by the
or based as part of the registered churches and religious
the company, a legal person constituted or established for the purpose of the aid
the activities of registered churches and religious societies to the spiritual,
pastoral, charitable, medical, educational, or
administrative purposes and religious nut, is related to the Act with
the implementation of law no 428/2012 Coll. on securities settlements with churches and
religious societies and on the amendment of certain laws (the law on the
securities settlements with churches and religious societies). ".
2. Under item 4, the provisions of the "liberation" the following point 3 is added:
"3. From the fee under this item are exempt registered Church
and religious communities and legal persons constituted or established as
components of registered churches and religious societies, legal
person established or based in order to support the activities of registered
churches and religious communities to the spiritual, pastoral,
charitable, medical, educational or administrative purposes
and religious nut, is related to the Act with the implementation of law no 428/2012
Coll. on securities settlements with churches and religious societies, and about the
amendments to certain acts (the Act on securities settlements with churches and
religious societies). ".
3. Under item 16, the following new provisions of "liberation", that is:
"The liberation of
From the charge referred to in this item are exempt registered churches and
the religious community, of a legal person constituted or established as
components of registered churches and religious societies, legal
person established or based in order to support the activities of registered
churches and religious communities to the spiritual, pastoral,
charitable, medical, educational or administrative purposes
and religious nut, is related to the Act with the implementation of law no 428/2012
Coll. on securities settlements with churches and religious societies, and about the
amendments to certain acts (the Act on securities settlements with churches and
religious societies). ".
4. In item 119 in the provisions of the "liberation" of point 2 is added:
"2. the fee referred to in this item are exempt registered Church
and religious society, a legal person constituted or established as
components of registered churches and religious societies, legal
person established or based in order to support the activities of registered
churches and religious communities to the spiritual, pastoral,
charitable, medical, educational or administrative purposes
and religious nut, civil associations and trade unions ^ 5) and
Land Fund of the Czech Republic, if the tasks connected with the transfer of
immovable property of the owners of the Czech Republic, and the forests of the Czech
Republic, s. p., relates to the Act with the implementation of law no 428/2012 Sb.
of securities settlements with churches and religious societies and amending
Some laws (law on securities settlements with churches and
religious societies). ".
5. Under item 120 in the provisions of the "liberation" of point 2 is added:
"2. the fee referred to in this item are exempt registered Church
and religious society, a legal person constituted or established as
components of registered churches and religious societies, legal
person established or based in order to support the activities of registered
churches and religious communities to the spiritual, pastoral,
charitable, medical, educational or administrative purposes
and religious nut, civil associations and trade unions ^ 5),
in the case of tasks connected with the transfer of ownership of immovable property
Of the Czech Republic. ".
PART EIGHT
The EFFECTIVENESS of the
section 26
This law shall enter into force on 1 January 2005. January 1, 2013, with the exception of the provisions of section
13, which shall take effect on the date of its publication.
Němcová in r.
Nečas in r.
1) Act No. 198/1993 Coll., on the illegality of the Communist regime and the
resistance against him, as amended by Act No. 220/2011 Sb.
2) Law No. 3/2002 Coll., on freedom of religion and the status of the
churches and religious societies, and on the amendment of certain laws (the law on the
churches and religious societies), as amended.
3) section 1 of Act No. 53/1966 Coll., on the protection of agricultural land resources in
the text of the law No 75/1976 Sb.
4) section 2 of the Act No. 61/1977 Col., on forests, as amended by Act No. 229/1991 Coll.
5) Law No 183/2006 Coll. on territorial planning and building regulations
(the building Act), as amended.
Act No. 50/1976 Coll., on the territorial planning and building regulations (building
Act), as amended.
Law No. 84/1958 Coll. on territorial planning, as amended
regulations.
Law No. 87/1958 Coll. on building code, as amended.
Law No. 280/1949 Coll. on territorial planning and the construction of the municipalities, as amended by
amended.
6) section 30 of Act No. 222/1999 Coll., on ensuring the defence of the Czech Republic.
7) § 1 (1). 1 Act No. 361/2003 Coll., on the service of members of
security forces.
8) section 20 (2). 1 (a). and Act No. 139)/2002 Coll., on land
and land offices and on the amendment of the Act No. 229/1991 Coll., on the adjustment of
the ownership of land and other agricultural property as amended by
Act No. 186/2006 Sb.
9) Act No. 265/1992 Coll., on the registrations of ownership and other rights in rem
in real estate, in the wording of later regulations.
section 11, paragraph 10). 2 of the Act No. 219/2000 Coll., on the Czech Republic and
her performance in legal relations, as amended by Act No. 202/2002 Sb.
11) Act No. 219/2000 Coll., on the Czech Republic and its
in legal relations, as amended.
section 11, paragraph 12). 2 (a). j) Act No. 549/1991 Coll., on Court
fees, as amended by Act No. 36/1995 Coll. and Act No. 218/2011 Sb.
for example, law No 13) 499/2004 Coll. on Archives and the archival service and
on the amendment to certain acts, as amended.
