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The Staff Members Of The Corps Of National Security

Original Language Title: o služebním poměru příslušníků Sboru národní bezpečnosti

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100/1970 Sb.



LAW



of 17 December. November 1970



the staff members of the Corps of national security



Change: 63/1983 Sb.



Change: 74/1990 Coll.



Change: 169/1990 Coll.



Change: 546/1990 Coll.



Change: 367/1991.



Change: 77/1992 Sb.



Change: 143/1992 Sb.



Change: 286/1992 Sb.



Change: 33/1995 Sb.



Change: 264/2006 Sb.



The Federal Assembly of the Czechoslovak Socialist Republic is resolved

to this Act:



The further development and strengthening of Socialist social establishment in

The Czechoslovak Socialist Republic, the effective protection of the public

Okay, the safety of citizens and of their constitutional and other legal rights and

freedoms is fundamental to the public interest. Major tasks in this field

satisfies the Corps of national security.



Service in the Corps of national security is an important celospolečensky

activities. Puts high demands on its members after page

political, professional, moral, mental and physical, and is associated with

threats to their life and health. The special conditions of service in the Corps

national security and therefore require special adjustment service

its members.



PART THE FIRST



Staff ratio



Introductory provisions



§ 1



This Act regulates the service, in particular the rights and obligations of him

arising, as well as fundamental questions of substantive security members

The Corps of national security (hereinafter referred to as "members").



§ 2



(1) the members of the staff are in proportion to the Corps of national security.



(2) on behalf of the Corps of National Security Act and make decisions in matters of

service in the fields of its competence, the Ministers of the Interior, and to the extent

they provided for other organs, chiefs and commanders also in cases

provided for by this law (hereinafter referred to as "the institutions").



(3) the chiefs and commanders are in the scope of its authority shall be authorised to store

child members of business tasks, organize, manage and

check their activity and giving them to the purpose of the orders and instructions.



HEAD FIRST



Formation and changes of service



§ 3



The conditions for the acceptance and admission procedure



(1) The service may be accepted by the Czechoslovak State citizen

18 years or older, that of acceptance of the request and



and is committed to the social) social establishment,



(b)) is blameless,



(c) has reached the desired degree of education),



(d)) is physically and mentally fit for the performance of services and



(e)) had done the Basic (alternative) military service if subject to military draft

obligations.



(2) the staff authorities are required to meet candidates for admission to the

service with the essential rights and obligations arising from the

the service, in particular in terms of service and with the material

security, and inform him in writing by the end of the admissions process.



(3) the admissions procedure adjusts the Interior Minister of the Czechoslovak Socialist

of the Republic.



§ 4



The emergence of service



(1) the staff ratio is determined by a written decision on the acceptance of applicants

to the service.



(2) the decision on the acceptance of the applicant's staff shall include

day boarding services, appointment to the rank of, kind of service classification

(function), instead of boarding services (instead of leaving the location) and designations

the staff regulations of the authority of the receipt of the decision. The decision also has to contain the

pay grade and length of the test period (section 6 1 and 2). If the applicant is

exceptionally, accepted into service for a period of time, must be in

the decision whether or not the duration of the service.



(3) the staff ratio arises on the day which is laid down in the decision on the

recruiting staff as a day of service,

will the aspirant to her on this day. If the applicant is unable to start the service

Therefore, that day fell on the day of uninterrupted rest per week

or public holiday, it shall be a condition of service on the day after

fulfilled, will the aspirant in the service closest to the day of the service.



(4) members shall for the duration of the service interrupts membership

and activity in political parties "^ 1") and in political movements. ^ 2)



§ 5



Business oath



(1) a national consists on taking an oath of Office services. In the performance of

services may be included after its composition.



(2) if the Member refuses to fold an oath of Office, ending his service

the ratio of the date on which the refusal occurred.



(3) the staff, the oath is:



"I, Member of the Corps of national security, solemnly declare that

I'll be faithful to the Czechoslovak Socialist Republic.



I'll be honest, brave and a reasonably National Corps national

the safety. In the performance of their duties, I will follow

the Constitution and the laws and to protect the constitutional establishment of the Czechoslovak

the Socialist Republic, the rights of citizens and the public order.



To do this, I'm ready to spend all of their strength and abilities, and deploy

and your life.



So I swear! "



§ 6



The trial period



(1) the adoption of National staff will determine the trial period,

that is according to the type of service and qualifications of a minimum of three

months and a maximum of 24 months. The principles for determining the length of the trial period

Minister of the Interior of the Czechoslovak Socialist Republic. In these

the principles may also lay down, where it can be exceptionally waive the probationary period.



(2) if the trial period more than three months or if it is to be

remitted, it must be stated in the decision on the applicant's acceptance into the

the service.



(3) the specified trial period can be shortened with the consent of a

If the member reaches during the trial period, very good results

in the performance of the service.



(4) the trial period shall not be included in the separate national

the performance of the security services of the nature with the exception of the cases provided for

the Minister of the Interior, the Czechoslovak Socialist Republic.



(5) after the expiry of the trial period, the service takes further, if under section

paragraph 98. 1.



section 7 of the



Staff uniforms



(1) Prescription of the staff uniform, badge and other equipment, as well as

on the obligation of members to wear them, the Minister of the Interior shall issue to the Czechoslovak

the Socialist Republic.



(2) the Minister of the Interior, under the conditions laid down by the Czechoslovak

the Socialist Republic can wear on ceremonial occasions

the staff uniforms with a distinguishing designation to those who were of

the service proceeds under section 99 or released under section 100, paragraph.

1 (a). (b)), or (c)) and are beneficiaries of an invalidity or old-age

income from social security. About who is entitled to

wear business uniforms with a distinguishing designation, in the fields of

its scope of the Ministers of the Interior. Person authorized to wear service

uniforms with a distinguishing designation do not have the rights and obligations

members.



§ 8



The rank of



The following shall be members of the rank of:



praporčické: Staff Sergeant), Constable, nadstrážmistr, podpraporčík,

Ensign, nadpraporčík,



(b) the officer: Ensign), Lieutenant, Lieutenant, Captain, major,

Lieutenant Colonel, Colonel,



(c)) official: Major General, Lieutenant General, Colonel General.



Appointment and promotion to the rank of



§ 9



(1) on receipt of a staff member is appointed to the rank of

rotného, has a full secondary education, is appointed to the rank of

strážmistra, and has a college education, is appointed to the rank of

Second Lieutenant.



(2) once the trial period ends successfully, it is promoted to the national

the rank of strážmistra. To complete secondary education, is promoted to

the rank of nadstrážmistra, and has a college education, is promoted

(named) to the rank of Lieutenant.



§ 10



(1) Member shall be entitled to advancement to a higher praporčické or

the officers ' ranks, with the exception of the rank of Colonel, if it satisfies the following

terms and conditions:



and after the specified time) performs the function for which it is set higher

rank than you actually want, and achieves good results in performance

services,



(b)), from his last promotion had expired as provided for the period výsluhy years in the

the rank and



(c)) meets the qualifications established for the done function

or for the rank, which is to be promoted.



(2) the qualifications and rank for the function, the time for performance

function with a higher rank than the member actually has, and for

výsluhy years in the rank of Minister of the Interior of the Czechoslovak

the Socialist Republic.



(3) to the rank of Lieutenant Colonel and to rank higher with the national

promotes, only has a college education. Promotion to the rank of

the Colonel and the rank of the Czechoslovak is selective.



§ 11



(1) Member in the praporčické rank is entitled to



and promotion to higher praporčické) ranks, reached after the end of the

the trial period of full secondary education,



(b)) appointment to the rank of Lieutenant, if, after a specified period of time successfully

performs the function for which it is established an officer's rank, reached

a complete secondary education, and meets the qualifying conditions laid down

for the rank of second lieutenant,



(c)) appointment to the rank of Lieutenant, reached after the end of the trial period

higher education.



(2) For the successful performance of the functions in the range of three years by type

services and the qualifications of a member, and the qualifications for the position

Second Lieutenant [paragraph 1 (b))] provides for the Minister of the Interior of the Czechoslovak

the Socialist Republic.



§ 12



(1) the Minister of the Interior, the Czechoslovak Socialist Republic lays down the

the conditions under which they may be members who have reached the

higher education, appointed when the adoption into service by

the rank of Lieutenant or higher in rank, and after the end of the trial period

promotion to the rank of Lieutenant Commander or higher in rank. It also lays down the

policy for appointment to the rank of those candidates when the adoption by

service, who were already members of the Corps of national security

or the armed forces. If the applicant's acceptance into service in the

The Corps of national security immediately follows the termination of his

service in the Corps of remedial education or vice versa, are

he acquired the rights and rank.



(2) To the rank of praporčických, and the officer shall designate and distinguish

members of the relevant professional bodies. In the rank of the Czechoslovak called

and promoted by the President of the Czechoslovak Socialist Republic. The proposals on


appointment and promotion to the rank of the Czechoslovak serves as regards

Members in the field of competence of the Minister of the Interior of the Czechoslovak

the Socialist Republic, the Government of the Czechoslovak Socialist Republic,

and as for the other members of the Government of the Czech Socialist Republic,

or the Government of the Slovak Socialist Republic.



section 13



The withdrawal of the rank



(1) the Ministers of the Interior, in the fields of its competence



and withdraw praporčickou or mess) the rank of officer, who

demonstrated its hostile relationship to the social establishment,



(b)) may withdraw the praporčickou or swagger, national rank

has been guilty of conduct which is in stark contrast with the morally

political requirements on the Member.



(2) the withdrawal of the praporčické or officer's rank must be in advance

discussed in the special committees established by the ministry of the Interior.



(3) in their rank to be withdrawn under the conditions laid down in paragraph 1

the President of the Czechoslovak Socialist Republic on the proposal of the Government (section 12 of the

(2)).



§ 14



Conferment of the rank



(1) National can bestow a higher rank than you actually have, on

the time that it requires to function or business tasks for which the

commissioned.



(2) the residence permit, which was granted a higher rank, they belong to the rights and

obligations associated with that rank. Conferment of the rank, however, does not constitute

right to the adjustment of the staff receive.



(3) the Title give the authorities referred to in section 12, paragraph. 2.



Business guest



§ 15



(1) the staff assessment is a fundamental basis for deciding on

the appointment and promotion of members into the ranks of their election or appointment

the functions and the removal of them, as well as about the other changes to their

the service.



(2) the staff assessment depends on the assessment of the education, experience and other

the assumptions required for the performance of functions, in particular the moral political

competence and performance of a business. The conclusion of the staff

the evaluation must include an assessment of the eligibility of the Member to the service

carried out with regard to the function and the reasoned proposals for appropriate

the measures.



(3) the staff assessment carried out by the chiefs and commanders during the

the trial period and before its end, in other cases, at least

once every five years. Details about the staff guest Minister

Interior of the Czechoslovak Socialist Republic, that can also edit

promotion resulting from staff assessment.



section 16 of the



(1) a Member of the staff must be familiar with the contents of the evaluation.



(2) the staff authorities are required to ensure that a business classification

a member of his staff evaluation.



§ 17



Appointment to functions



(1) the staff of the authorities to recognize the functions in accordance with the

the needs of the Corps of national security, according to the qualifications and

the conclusion of the staff evaluation and taking into account the State of health

members.



(2) an investigator may be appointed only a national of that

reached the age of at least 24 years old and has a university education.

Condition of higher legal education ministers of the Interior in may

the fields of its competence for important reasons, exceptionally,

If a member appointed to the investigative function otherwise gives

guarantee the proper performance of this function.



Converting to another function



section 18



(1) the Member must be converted to another function,



and if according to the opinion of) Medical Commission permanently ceased from health

the reasons for the current function, or ability to carry out its performance was on

the injury to his health or if its ability to service performance is from

health reasons, permanently changed,



(b)) if as a result of organizational changes to cancel its existing

function,



(c)) if it is not in accordance with the conclusion of the staff assessment to be eligible to exercise the

the current function, or



(d)) if it was decided on his release from service

under section 100, paragraph. 1 (a). e) or (f)), and his leaving in the past

the function of the termination of service is not possible.



(2) a Member may be transferred to another function,



and if that alone) asked for personal or family reasons, or



(b)) if without guilt business institutions and through their written

consistently unsatisfactory results in the notification service performance.



(3) transfer to a different function is carried out from the national reference

the transfer of functions and its provisions to other functions in the same kind of

services, and where this is not possible, in a different kind of service. Of the current function

National also revokes, is to be appointed to a higher function. When

election or appointment to other functions in accordance with section 17.



(4) a Transfer to a different function for one of the reasons

referred to in paragraph 1 (b). (b)), and (c)) and in paragraph 2 (a). (b)) must be

previously discussed in the special committees established by the professional bodies.



§ 19



National, which has been converted to another function according to § 18 paragraph. 1

(a). and (b)), or) is the former functional salary for a period of six

months, if it is more convenient for him.



section 20



Business travel and transfer



(1) a Member may be posted on the period strictly necessary for business

the path.



(2) a Member may be translated to the performance of functions to another location

the staff at as long as necessary, up to a maximum of one

year, if required by the interests of the service. Again can be as follows

translated until after the expiry of two years from the end of the last transfer.

If the Member agrees, can be translated to another location

service location and for a longer period, where appropriate, again translated and

before the expiry of two years from the end of the last transfer.



(3) a Member may also be transferred to another place of the staff

location, if the requests are serious personal or

family reasons.



(4) the Member may be permanently transferred to another place of the staff

location without your consent if it necessitates important

interest in the service.



section 21



Waiver of service



(1) if the Member reasonably suspected that the disregarded business

obligation seriously, especially that committed the crime, and

further leaving in service performance would threaten an important interest in services

or the progress of the screening Act, may be by written decision of the staff

authority, temporarily released from the performance of services.



(2) the performance of a service can be exempt only for the time strictly necessary

to explain his actions, and for a period of three months. This time

may exceptionally be extended by the Minister of the Interior, no more

three months.



(3) National who was released from the performance of services, from the date of

waiver of 30%, and in the case of a married member, 50% of the staff

income. This section of the staff receive increases of about 10% of the staff's income

for each dependent child, which belongs to the national educational or

that is true, but not more than 80% of the staff in the amount of the income.

If a member at this time, other work income, running out, he reduced

business income so that the sum of the reduced income of the staff and its

other work income does not exceed its business income before

removal performance of the service. After a period of custody business income or part of the

National does not belong.



(4) If a waiver of service, will be a national difference,

that was his business income. This does not apply if the negotiations,

for that he was absolved of national service performance, intentional criminal

offence, has been convicted, or if, for

which was released from the performance of services, released from the service, or

He was therefore withdrawn position.



THE HEAD OF THE SECOND



Staff discipline and disciplinary jurisdiction



section 22



Staff discipline



Staff discipline matters in strict fulfillment duties

laid down in the law, business, orders and instructions.



section 23



The basic obligations of the members of the



(1) the Member must in particular:



and to perform consistently and accurately) the tasks arising from the privilege and

the social mission of the Corps of national security, imposed his laws,

other laws, regulations and orders and instructions of superiors,



(b)) to carry out conscientiously and properly service according to their strength, knowledge and

capabilities.



(2) in relation to the Corps of national security is a particularly

shall be obliged to



and report to your manager) defects and deficiencies that threaten or

make it difficult for the performance of services, and the impending damage,



(b)), if there is a risk the damage and avert the need to

urgent surgery. Not to do so, if he in fact important

If the circumstance or by exposing a serious threat to other persons,



(c) increase its support and) political knowledge,



d) observe the rules of courtesy and the staff behave outside the service

so, to not lose the confidence necessary for the performance of services.



(3) If a member considers that an order or instruction of its superior is

in conflict with the law, is obliged to notify the Manager.

If the parent takes on the fulfilment of the order or instruction, is a must

It met. Member is obliged to refuse the fulfilment of an order or instruction

the parent, if the fulfilment of an offence. This

fact report without undue delay to the higher your manager.



(4) the employment relationship and the agreement on labour activity can close the national

only with the consent of the staff of the authority.



section 24



The basic duties of chiefs and commanders



The chiefs and commanders are also in relation to the child members

in particular, required to



and) to organize, manage and control the performance of their services,



(b)) ensure that they were properly politically for service performance

prepared and expertly trained and trained,



(c)) to create favourable conditions for them to service performance,



(d) the staff is) discipline, to appreciate their initiative and exemplary

of their duties and to draw the consequences of the violations

the misconduct.



§ 25



Disciplinary powers



The chiefs and commanders can child nationals within their

the powers to award bonuses and impose disciplinary penalties.



section 26



Rewards



(1) the Rewards are:



and the written citations)



(b) a pecuniary or other gift),



(c)), Honorary badge



(d) the appointment of the officer's) extraordinary rank,



e) extraordinary promotion to a higher rank.




(2) the remuneration shall be proportional to the crime or záslužnému příkladnému performance

the misconduct for which it is granted. The remuneration referred to in paragraph 1

(a). (d)) may be granted only to national executing function for which

an officer's rank is fixed.



section 27 of the



Disciplinary offence



Disciplining offence is caused by violation of duties

a national, if not a criminal offence, tort or delict.



section 28



Disciplinary punishments



Kázeňskými penalties are:



and) written reprimand,



(b) the reduction of the staff) receive up to 10% for a period of not more than three months,



(c) withdrawal of the badge of honor),



(d) reduction in rank) by one degree for one year.



Storage of disciplinary punishment



section 29



(1) A disciplinary offence, you can save any of the national disciplinary

If not, to correct and restore discipline other staff,

milder educational resources (rebuke, admonition, warning).



(2) before the imposition of disciplinary punishment must always be objectively identified

the facts. Officer must be before the imposition of disciplinary punishment

given the opportunity to comment and defend.



(3) when deciding on the disciplinary penalty shall take into account the nature of the

disciplinary offence, the circumstances under which it was committed to its

consequences to the degree of fault and created the position of a to the performance

the misconduct.



section 30



(1) a disciplinary punishment may be imposed as soon as possible the next day after committing

disciplinary offence and only within 30 days of the date of kázeňském

offence, the competent chief or master, but not later than

one year from the date of having committed a disciplinary offence. If the negotiations

a member, in which can be seen as a violation of professional discipline, subject

the investigation of another authority, the period of 30 days for disciplinary

the penalty of the day on which the Chief or commander of a result

This investigation.



(2) if the Member has not committed within one year from the final

disciplinary punishment further disciplinary infraction, assessed,

his disciplinary punishment has not been saved. The Chief or commander

can even before the expiry of one year, decide that the Member

assessing his disciplinary punishment was not saved, if performance

services and the behavior demonstrated that it deserves. If, however, was saved

disciplinary punishment of reduction in rank by one grade, the competent

the Chief or commander make only quite exceptionally, as soon as possible after the expiry of the

six months of its imposition, and only deserves-if the Member for

outstanding meritorious performance.



(3) the period for which he was a national disciplinary penalty reduction saved

rank by one grade, is not counted until the výsluhy years in rank

(article 10, paragraph 1 (b)).



(4) the imposition of disciplinary punishment is not deprived of national obligations

the damage caused by the offence, the disciplining.



section 31



Disciplinary punishment cannot be saved, was a member for the same deed punished

already by the Court. If a disciplinary penalty saved before, with effect

date of the deposit.



THE HEAD OF THE THIRD



The period of service and hours of rest



§ 32



The length of the basic services of the week



(1) the length of the base period of service a week provides for the Minister of the Interior

The Czechoslovak Socialist Republic. In doing so, shall take into account to adjust the length of the

weekly working time of workers in employment ^ *).



(2) the staff authority may provide for a shorter period of service, national

If the Member requests of health or other serious

reasons and does not prevent an important interest in the service. If the national

set a shorter period of service, he belongs to a business the income corresponding to the

This shorter period of service.



section 33



The basic layout of the period of service in a week



About the layout of a basic period of service in the week are staff

authorities. It also provides for the beginning and end of the base period of service in each

days.



§ 34



Uninterrupted rest between the two services



(1) the basic period of service in a week is rozvrhuje, so that the Member should

between the end of one service and start the following services 24/7

rest of at least 12 hours and one week of continuous

rest of at least 32 hours.



(2) the Minister of the Interior, the Czechoslovak Socialist Republic can

to establish in which cases can be uninterrupted rest between two

services of exceptionally short as six hours uninterrupted rest

week up to 24 hours.



section 35



Breaks in service



Member has the longest after every five hours of continuous performance

services shall be entitled to a break for food and respite of at least 15 minutes.

If the service, whose performance cannot be interrupted, must be a national

even without the interruption of service performance provided adequate time for food and

respite. The Minister of the Interior, the Czechoslovak Socialist Republic lays down,

to what extent have meal breaks and respite be included in basic

the period of service in a week.



section 36



The service held over the base period of service in a week



(1) if required by the interests of the service, the Member shall take place

service in excess of the basic period of service in a week.



(2) where the nature of the national security service direct excess

the basic period of service in the week belongs to him for each hour of the exercise of this

compensatory leave services; compensatory leave must be granted to the one

of the month and if it is not possible for the important interests of the service, belong to the

Member for each hour of performance of such financial services compensation

the amount of the average hourly staff income. For days

uninterrupted rest in the week or for the holidays with financial compensation

increased by 33%.



(3) the persons referred to in paragraph 2 shall, within their jurisdiction, the Minister

the Interior of the Czech Republic and the Minister of the Interior of the Slovak Republic after

consultation with the competent trade authorities.



§ 37



Service under exceptional security measures



(1) at the time of the extraordinary security measures may be a national order

staff connectivity or a business emergency.



(2) the chiefs and commanders are obliged to protect nationals in

Service held to implement exceptional security measures

catering and catering staff availability and suitable accommodation.



(3) the period of service availability and service held for the implementation

extraordinary security measures over a fixed base for services

of the week belongs to national special reward.



(4) the Minister of the Interior, the Czechoslovak Socialist Republic lays down the

for details on availability and business mandates, business alert

and the amount of special payments referred to in the preceding paragraph. It may also

lay down, in which cases and to what extent can be

members of the order of business.



section 38



Entitlement to vacation



(1) a Member is entitled to a vacation for the calendar year, if it

performed service at least 75 days. The Interior Minister of the Czechoslovak

the Socialist Republic lays down that the period shall be considered as time

the performance of the service.



(2) for the calendar year in which the service member belongs to

He proportion of vacation, although did not meet the condition laid down in the

the previous paragraph.



section 39



The length of leave



(1) Basic area of vacation makes 37 calendar days. This area is

extended for 14 calendar days, which at least 14 national

calendar days of leave will use the spa treatment on the basis of the

the decision of medical Commission.



(2) an aliquot of the vacation shall be determined so that, for each calendar month

the duration of service in a calendar year belongs to one twelfth of the

vacation. A staff ratio of at least 15. day of the month is

proportion of national holidays and for that calendar month. For

the calendar month in which the service is terminated, he belongs to an aliquot part

vacation, if only this month insisted the service for more than 15

days.



The onset and the interruption of the holiday



section 40



(1) the Holidays usually wears out the whole. If, exceptionally, it provides in

parts must be at least one part of not less than 14 calendar days.



(2) Leave may be granted before the national condition

set out in section 38 (1). However, if a member until the end of the calendar

of this condition fails, is obliged to return the business income, which

He was paid for the period of the holiday or its proportional part of him

avoid the claim. This does not apply in the case referred to in section 38, paragraph 2.



(3) the onset of the holiday or the Chief Commander determines, with

taking into account the interests of the service and to the legitimate requirements of the Member. Day

the onset of the holiday must be a national notified at least 15 days in advance.

This period may be reduced, if the Member agrees.



(4) the onset of holiday must be specified so that it could run out of national

usually by the end of the calendar year. If a member of the service

reasons or for important personal barriers in the service could vacation in

calendar year to exhaust, the Chief or master shall

give it to him, so that by the end of next year.



(5) if required by the interests of the service, the Chief or

the Commander to change the national holiday, originally intended the onset or

recall from vacation. Member is entitled to reimbursement of costs, which

without his fault.



§ 41



(1) If a member at the time of holidays recognized by the invalid services for disease

or injury, holiday, he interrupts. Vacation shall be interrupted also with

the onset of the maternity leave.



(2) if the Member at the time of the holiday feast on the day that is

otherwise, his usual day service not to leave.



section 42



Business income for the holidays



(1) the Member has a claim for the period of holiday business income in full

the amount of. On request, a member must be a business income payable during

Vacation paid out already before they leave.



(2) the Officer belongs to a reinsurer or the relative

part of the compensation in the amount of the income corresponding to the time of outstanding service

the base area of the holiday, if a holiday or its proportional part

could not run out



and urgent business),



(b)), because his Chief or master of failing its onset,



(c)) for the obstacles in the service of the general interest and for important personal

barriers in the service, or




(d)) because the service is terminated.



§ 43



Reduction of vacation



For each day of Unexcused absence, a member in service running out of him

holiday of two calendar days. Holiday, however, must not be reduced to less

than seven calendar days.



§ 44



The impact of service on the holiday



(1) a national, whose service is terminated during the calendar year,

belongs in an aliquot of the holiday this year, even though the condition has not

referred to in section 38, paragraph. 1.



(2) if the service Ended a national holiday or after exhaustion

in part, it is obliged to return the national business income paid to him

for part of the holiday, on which he was a vacation truncated. For the holiday, or

in part, that the claim did not arise, the national Member shall be obliged to

return to business income, only ended when the service release under

section 100 paragraph. 1 (a). e) or (f)), by imprisonment or loss of rank.



section 45



Additional holiday



(1) Member, who performs throughout the calendar year harmful

or particularly difficult service, shall be entitled to the additional holiday in

the length of the seven calendar days. If the Member of the service only after

part of the year, he belongs to the proportion of the additional holiday.



(2) the Minister of the Interior, the Czechoslovak Socialist Republic lays down,

that service is harmful or particularly difficult.



(3) For additional holiday cannot provide compensation according to § 42 paragraph.

2. The vacation shall be always exhausted, and it's a priority.



section 46



The staff the day off



(1) If a member cannot for obstacles due to the general interest

(the performance of public functions, civil obligations and other acts of General

interest) or for important personal barriers held the service, shall be entitled to

the granting of the staff leave. The staff the day off is granted on a strictly

a necessary period of time.



(2) a Member who has been granted the staff off for the barriers of

grounds of general interest, has for a period of leave shall be entitled to

business income, if he has not been granted in accordance with the specific provisions

reward or compensation shall be paid to the staff receiving organisations, for which the

is active.



(3) the Minister of the Interior, the Czechoslovak Socialist Republic provides in

which cases and to what extent the staff provides time off for

important obstacles in the service, and to what extent it belongs to business income after

the period of leave.



section 47



Staff leave without entitlement to business income



Residence permit may be granted, if requested, on serious grounds,

the staff off on as long as necessary without a business income.



THE HEAD OF THE FOURTH



The elements of the compensation business expenses and educational



section 48



Essentials



(1) a Member is entitled to the cash and in kind.



(2) deleted from the 1.5.1992



(3) deleted from the 1.5.1992



section 49



cancelled



section 50



cancelled



section 51



cancelled



section 52



cancelled



section 53



Reimbursement of expenses provided to a national in connection with the performance of services



National belongs to the reimbursement of the travel, moving and other expenses,

which will be incurred in the performance of official duties. He also belongs to the

compensation for the use of custom objects required for the performance of services,

If the Member uses them, with the consent of the staff of the authority.

The conditions for entitlement to the reimbursement of these expenses, the amount and the more

details provides for the Minister of the Interior of the Czechoslovak Socialist

Republic after consultation with the Minister of finance and Minister of labour and

Social Affairs of the Czechoslovak Socialist Republic.



§ 54



Educational and one-off cash bailout



(1) with dependent children belongs to National Education. The conditions for the

the provision of education, its amount and further details governing the

Special rules ^ ^ ** *).



(2) in exceptional cases, may be particularly justified on national

his request granted a one-off cash bailout. About the award

disposable cash bailout and its Interior Ministers decided in

the fields of its competence.



section 55



cancelled



THE HEAD OF THE FIFTH



Health and safety in the performance of services



section 56



Duties of official authorities



(1) taking care of safety and health protection of members in the performance of services

ensure business authorities.



(2) the staff are in particular obliged to authorities



and take care when creating business) regulations and safety requirements

in the performance of health services,



(b)) to check compliance, orders and instructions issued to the

ensure the safety and protection of health during the performance of services,



(c) identify the causes of employment injuries) and occupational diseases, and consistently

to create conditions for the prevention of accidents and diseases from the staff

professions, as well as diseases arising from the influence of the environment in which

carries out national service.



(3) the staff authorities are required to take care of the security and protection

the health of all persons with their consciousness resides in the workplace

The Corps of national security.



(4) the Provisions to ensure the safety and protection of health during the performance of services

Members shall be issued by the Minister of Interior of the Czechoslovak Socialist

of the Republic.



§ 57



The obligations of the members of the



Nationals are in particular obliged to



and adhere to the regulations, orders) and the instructions issued to ensure safety

health and safety in the performance of services,



(b) in the performance of the services) use prescribed protective equipment and

protective service resources



(c)) to participate in the training and the training carried out by the ministries of the Interior in

to improve health and safety in the performance of the service and subject to

the tests and medical examinations



(d) notify the chiefs or masters) shortcomings and deficiencies which would

could endanger the safety and health of the members in the performance of the service.



section 58



The State technical supervision



The State technical supervision of health and safety in the performance of

services governed by the specific rules ^ *).



THE HEAD OF THE SIXTH



Care for members



section 59



The conditions for the performance of services



(1) the authorities of the members of the staff create conditions for a proper,

economical and safe performance of the services, if possible.



(2) the staff are in particular obliged to authorities



and provide for nationals) health care,



(b)) to establish, maintain and improve sanitary and social equipment



(c)) to take care of the look, layout and improvement of workplaces,



d) creating favourable conditions for industrial catering adequate

the principles of good nutrition,



e) ensure the proper accommodation of



(f)) to establish and maintain for them cultural, recreation and sports

the device.



Raising the qualifications of members of the



section 60



(1) the staff authorities are obliged to take care of systematic and deliberate

raising the qualifications of members, in particular the newly admitted and young

members. For this purpose, in particular,



and provide education in nationals) school facilities

the ministries of the Interior,



(b)) to the study of the broadcast of other schools,



(c)) allow the study and practical activities on the relevant

departments and deepening professional experience required.



(2) the authorities of the members of the staff may, who are studying at schools, with

their consent or at their request, appropriately allocate the base period

service of the week. For this study, the members of the staff provides

off and the material security in the extent and under the conditions which it lays down

the Minister of the Interior, the Czechoslovak Socialist Republic.



section 61



(1) the SNB may conclude an agreement with a member of the

the SNB undertakes to enable the officer to obtain or

the increase of qualification and the Member undertakes to remain after the end of studies

After some time in service or pay the Corps national

safety costs associated with obtaining or increasing the qualifications or

their part. SNB may also, with the national

agree that a member of the Corps of national security and will pay the costs,

which to terminate the expended to obtain or increase

his qualifications, if the Member would be released from the service

under section 99 or if his service is over detention of rank

or loss of rank or dismissal under section 100, paragraph. 1 (a). (d)),

e) or (f)) before getting the implied qualification or before

increase. Reimbursement of the cost of the basic preparation for performance

the service cannot be requested.



(2) the agreement must be concluded in writing and must be stated in



and the kind of skills and the way) its acquisition or increase,



(b)) the period during which the Member undertakes to remain after the end of the study in

the staff ratio, and



(c)) the maximum overall amount, which can be used to require national

to pay the costs, if you fail to comply with their commitment,



otherwise the agreement is invalid.



(3) If a member fails to fulfil his obligation only in part, the obligation to refund

the cost shall be reduced proportionately.



(4) the obligation to refund the costs shall cease completely if the staff ratio

ended up being released on any of the grounds referred to in section 100, paragraph. 1

(a). and (c)).)



(5) the amount of the reimbursement of costs, which can be on national demand and time

the duration of the undertaking provides for the Minister of the Interior of the Czechoslovak Socialist

of the Republic. It may also establish in which cases can be a national

pay the costs totally or partially waived.



section 62



Storage and transport



Service authorities are required to ensure the safe custody of uppers and

personal items that members usually wear to services, as well as

the usual means of transport, if used to

the road to service and back. This obligation to respect all other people,

If these persons are actions at the workplace of the choir of the national

the safety.



section 63



Preventive rehabilitation



(1) the Members may be given to the consolidation of their body

fitness, physical and mental health preventive rehabilitation in

the length of the 14 calendar days in a year.



(2) Nationals with weakened health status may be granted to

the basis of the recommendations of the preventive medical rehabilitation in the form of

the spa treatment associated with the parts of the holiday.



(3) the conditions for the provision of preventive rehabilitation and how it

the implementation provides for the Minister of the Interior of the Czechoslovak Socialist

of the Republic.



section 64



The inability of the security for the performance of services, and in old age




Security members in the inability for the performance of services for reasons of

illness, accident, pregnancy and maternity and invalidity benefits and security

in old age, by special regulations ^ *).



section 65



The care of members with the ability to service performance



(1) If the ability of the Member to the service performance of health

grounds permanently changed, fixed the appropriate medical Commission health

the classification and the necessary restrictions on the performance of the service.



(2) a member whose ability to service performance is from health

grounds permanently changed or which, in the opinion of the Medical Commission permanently

ceased to be for health reasons the ability to perform the current function or

that her performance was detrimental to his health, the official authorities

are obliged to convert to the function that corresponds to its state of health and is

appropriate to its capabilities, experience and previous staff

the inclusion of, and create the conditions for the performance of services appropriate to the

his State of health.



Special conditions for the performance of service women of the Corps of national security



section 66



(1) a member may not be appointed to or employed in

services, whose performance is inadequate, for her physically harms her

the organism or threatens her maternity mission. Minister of the Interior

The Czechoslovak Socialist Republic shall, after consultation with the ministry

health of the Czech Socialist Republic and Slovak Socialist

functions and services of the Republic banned all příslušnicím, pregnant

příslušnicím and mothers until the end of the ninth month after childbirth.



(2) Pregnant women may also be appointed to a function or

are added to the services, which, according to medical opinion, endangers the

her pregnancy for health reasons tkvících in her person. This is true

Similarly, of the mother until the end of the ninth month after childbirth.



§ 67



Pregnant women and women caring for a child younger than one year

must not be assigned to night services in the services held over

the basic period of service in a week or in the services held for the implementation

extraordinary security measures. In the performance of services for the implementation of

extraordinary security measures may not be assigned also

women who care for children younger than 15 years old.



section 68



(1) if the pregnant member of the function, whose performance is pregnant

příslušnicím disabled, or by medical opinion threatens her

pregnancy, are staff authorities are obliged to transfer her temporarily to the function,

that is suitable for her and in which it can achieve the same staff

income, as in the previous function. It shall apply mutatis mutandis to the mother until the end

the ninth month after childbirth.



(2) If a member is in the function, which was transferred without her

fault of the lower staff, provides income to offset this

the difference of the compensatory allowance in accordance with the regulations on sickness insurance

^**).



§ 69



Pregnant women and women caring for a child younger than eight years

they can be broadcast on a business trip outside the perimeter of the village staff

location or temporarily or permanently translated to another location of the staff

location only with their consent.



section 70



(1) the staff authorities are required to be taken into account for the classification of the services also

to the needs of women caring for children.



(2) the staff authorities shall příslušnici caring for a child younger than 15

years old or pregnant příslušnici on its request for a shorter period of service or

otherwise, suitably adjusted, unless the interests of the service.



(3) Příslušnici, which was set a shorter period of service,

business income corresponding to this shorter period of service.



section 71



(1) the Entitlement of women to maternity leave, additional maternity leave

and on breaks for breastfeeding shall be governed by the provisions applicable to workers in the

employment relationship ^ *).



(2) if so requested by a member of the staff of the authority granting the leave so as to

followed immediately at the end of the maternity leave, the staff

authority shall be obliged to comply with her request.



THE HEAD OF THE SEVENTH



Compensation for damage



THE FIRST SECTION



Liability for damage caused by members of the Corps of national security



General liability



section 72



(1) member of the National Security Corps is responsible for the damage, which he

caused by the breach of his obligations in the performance of official

tasks or in direct connection with him.



(2) if the damage was caused by the violation of the obligations of the parties is also the choir

national security, the responsibility of the Member is quite limiting.



(3) the competent authority of a member of a Fault shows with the exception of cases

referred to in section 75 and 76.



(4) compensation under this section shall be decided by the staff authority.



section 73



Member is not liable for any damage,



and that results from risk) to the proper performance of the service,



(b)) which caused the inhibition of imminent danger to life or health

or imminent damage property, if this condition itself, intentionally produced and

He's doing so in a manner appropriate to the circumstances.



§ 74



The officer who knowingly interfered against imminent harm or

announcement of imminent damage (article 23, paragraph 2 (a)), and (b))), the business

authority, to contribute to the payment of damages, which the Corps national

Security was caused, in the range appropriate to the circumstances of the case,

If it is not possible to pay otherwise. In doing so, shall take into account, in particular,

What prevented the fulfilment of obligations and what is the social significance of the damage, as well as

(I) for personal and property circumstances of Member who has not met the obligation.

The amount of damages shall not exceed the amount equal to the

three times its gross monthly income of the staff.



§ 75



Responsibility for the deficit on the assigned values, which is a member of the

obliged to charge the



(1) if the Member has taken over on the basis of the agreement on the substantive accountability

responsibility for the values entrusted to billing (cash, securities,

material supplies, goods, and other values), is responsible for the resulting shortfall.

In the agreements may be with members at the same time agreed that if

perform a service with multiple members, who have concluded the agreement on the substantive

responsibilities correspond with them for the deficit together.



(2) material liability agreement must be concluded in writing, otherwise it is

invalid.



(3) the Member shall be exempted from liability in whole or in part,

If it appears that the deficit was wholly or in part without his fault.



(4) the Minister of the Interior, the Czechoslovak Socialist Republic lays down the

the function for which it is the conclusion of substantive accountability

necessary.



§ 76



The responsibility for the loss of the entrusted subjects



Member shall be responsible for the loss of part of the equipment, equipment, tools and

other objects, which are assigned on the written confirmation. This

liability release, proves that the loss of his own.



The extent of damages



§ 77



(1) Member, who is responsible for the damage, shall be obliged to replace the real

damage, and it's in the money, if it neodčiní to the previous state.



(2) the amount of compensation for damage caused by negligence shall not exceed the

an individual Member of the triple its gross monthly service

income. This restriction does not apply if the damage was caused by drunk driving,

that alone brought about national, or entrusted to the values that

It is a national shall charge, or the loss of the entrusted subjects.



(3) if damage is caused also national security Corps, is

Member shall be obliged to pay a proportion of the damages according to the extent of their

the fault.



(4) if the damage several members, each of them shall be obliged to

pay a proportion of the damages according to the extent of his culpability. Caused if

one of them, the damage intentionally, shall be responsible for all the damage.



§ 78



(1) when the joint responsibility for the deficit to individual members

Specifies the percentage of the refund in proportion to their gross business income,

While the staff receive their Chief and his deputy shall be included

in double the amount.



(2) the share of the refund provided for under the preceding paragraph shall not

individual members, with the exception of the Chief and his Deputy,

exceed an amount equal to their gross monthly income.

Pay-if the specified shares the whole damage, shall be obliged to pay the

the rest of the Chief and his Deputy in proportion to their gross business

revenue.



(3) if it is established that the deficit has been caused by all or part of any of the

jointly responsible members, shall be borne by the national deficit by

extent of his culpability. The remainder of the deficit be borne by all together

responsible members of the shares determined in accordance with the preceding paragraphs.



section 79



When determining the amount of damages to things is based on the price at the time of damage.

If it is set, is based on the retail price of this price and shall

for possible wear.



§ 80



(1) if damage is caused by negligence, can be used to determine the amount of damages

a lower amount than the actual damage, or than it is three times the

the gross monthly income of the staff. In the case of damage caused by the

intoxication or entrusted to the values, which is a must

charge, or loss of the objects entrusted to it, the compensation may lower

the amount only specify the appellate body or, in the case of damage caused by the

a criminal offence, whether or not the Court.



(2) in determining the amount of compensation shall take into account, in particular, to the relative

a member of the service, and to property in Socialist ownership to

social significance of the damage, how it occurred, and to the personal and

qualifying conditions member.



§ 81



(1) the amount of the damages to determine business authorities, after consultation

with a member, so that the decision on damages was a national

notified as a rule within one month from the date on which it was found that

the damage occurred and that it corresponds to the national.



(2) if the damage has been caused by the criminal offence, and it is not willing to national

pay in the amount specified in the staff authority, the staff of the authority shall decide

the obligations of the Member to pay damages only if decided by the Court.



THE SECOND SECTION



The responsibility of the Corps of national security for damage caused by members of the



General liability



section 82



(1) if the officer in the performance of the services caused by or directly

connection with the damage a violation of a legal obligation, for it corresponds to the

The Corps of national security.



(2) the SNB corresponds to the national also for damage that

he caused the breach of legal obligations in the framework of the implementation of the business


the tasks of the staff bodies.



(3) compensation under this section shall be decided by the staff authority.



section 83



Where the service authority, that the damage also caused corrupted,

the responsibility of the Corps of national security is fairly limiting.



§ 84



(1) the SNB is obliged to pay the actual national

damage, and it's in the money, if the damage to neodčinil indicating in the previous

status. In the case of damage to health, the way and the extent of the refund

the provisions about service injuries with the restriction that does not belong to a one-time

extraordinary compensation and lump-sum compensation to survivors.



(2) in determining the amount of damages to things is based on the price at the time

damage.



Liability for damage when the service accidents at work and occupational diseases



§ 85



(1) if in the performance of the services or in direct connection with him to

the national health or damage to his death by injury (hereinafter referred to as

"the accident"), is responsible for the damage resulting from the choir of the national

the safety. The staff injury is not an accident that happened to the national

on the way to the service and back.



(2) as a duty-related injury is assessed whether or not the injury, which he suffered a national

for the performance of services.



(3) for the damage caused by the national occupational disease corresponds to the Choir

national security, held him to a national service for the last time before the

its findings under the conditions from which it arises from an occupational disease, you

was affected. Occupational diseases are diseases listed in the regulations for

social security, if they occur, under the conditions laid down therein.



§ 86



(1) National Security Corps is exempted from liability completely, if,

that



and) damage was caused by the fact that the affected Member of its fault

violated the regulations, orders or instructions to ensure the safety and protection of the

in the performance of health services, although was properly acquainted with them and their

knowledge of and compliance with required and were consistently controlled, or



(b)) damage brought its affected and afflicted Member of the choir of the national

safety could not prevent the damage,

and that these really were the sole cause of the damage.



(2) the SNB is exempted from liability, in part,

If that proves



and the affected Member has violated my) fault of the regulations, orders or

guidelines to ensure the safety and protection of health during the performance of services,

Although it has been properly acquainted with them, and that this violation was one of the

the causes of the damage,



(b)), one of the causes of the damage was being drunk the affected Member, or



(c)) national damage because it was in conflict with a normal

in the manner of behavior so that it is clear that although he hasn't broken the rules, orders

or guidelines to ensure the safety and protection of health during the performance of services,

acted recklessly and had to be given their qualifications and

experience that can lead to an accident or occupational disease.



(3) Release to the Corps of national security responsibilities, in part, the

part of the damage, which carries a member, according to the extent of his culpability. In the case of

referred to in the preceding paragraph under (a). (c)) shall pay, however, the chorus of the national

the safety of at least one-third of the damage.



(4) in assessing whether the Member has violated the rules to ensure the

health and safety in the performance of services (paragraph 1), and

paragraph 2 (a). and)), is not possible to invoke only the General

the provisions under which everyone has to act so as to endanger the health of the

his and other's health.



(5) For reckless conduct (paragraph 2 (b) (c))) cannot be considered as normal

carelessness and negotiations resulting from the risk services.



§ 87



SNB cannot exempt of liability, if suffered

Member of staff injury



and when the staff or procedure) in the service held for the implementation of the emergency

the security measures, or



(b) that the danger of imminent) when the life or health or damage

the impending asset, if a national of this State itself deliberately did not induce.



section 88



National, which has suffered an accident or for which the service has been detected

from an occupational disease, the choir is in the scope of national security, in the

which is responsible for the damage, provide compensation for the loss of the staff

income, where appropriate, on retirement, for pain and for making social

application for efficiently incurred costs associated with treatment and for the General Ledger

damage, where the one-time extraordinary compensation.



§ 89



(1) the compensation for loss of income for a period on the staff of incompetence

a member of the service shall be provided in such amount, together with the staff

income in the illness or sickness is equal to its net staff

income before the damage caused by accident or illness of staff

the profession.



(2) compensation for loss of income on the staff after the end of the inability of the

a member of the service or in recognition of the full (partial) disability of the

provides in such amount, together with the net income of the staff

(earnings) member after an injury or after detection of occupational diseases with

potential disability (partial invalidity) pension provided from

for the same reason it is equal to its net income before the creation of the staff

the damage caused by the staff accident or occupational disease. To increase the

invalidity pension for impotence or reduction under the provisions of the

social security is not taken into account.



(3) compensation for loss of income in the amount equal to the difference

between the amount of the pension to which the injured party be entitled to and the amount of the pension,

that would qualify, if not to reduce its staff

income (earnings) as a result of accident or damage to the health of the staff

occupational diseases.



(4) the compensation for the pain and stížení of the social application provides

a lump sum in the amount and under the conditions laid down by the regulations in force for

workers in the employment relationship. ^*)



(5) National, whose ability to service performance has been changed or

that was recognized by the disability as a result of the staff of the accident that he was

caused by the criminal offence, the staff of the procedure, in the performance of services in the

air traffic, in the performance of the specific tasks of the service are stored

authorities, working with explosives, with the chemical, radioactive, highly

virulent or infectious material or other similarly

hazardous conditions, belongs to the one-time special compensation in the amount of

at least 10 000 Czech crowns and not more than 45 000 Czech Crowns. If, however, such an injury

for particularly hazardous conditions, belongs to the national disposable

extraordinary compensation of up to 80 000 Czech Crowns. One-time extraordinary

compensation in the amount of at least 10 000 Czech crowns and not more than 45 000 Czech Crowns belongs for

the conditions laid down in the first sentence also national, whose ability to

the performance of the services has been changed or which has been recognized by the disability as a result of

occupational diseases.



§ 90



If the Member as a result of the staff of the accident or occupational disease

He died, is the choir of national security shall, to the extent in which a

damage corresponds to, effectively to provide compensation of the costs incurred

United with his treatment, reimbursement of reasonable costs associated with the

the funeral, to pay the cost of food to survivors and one-time compensation

survivors and compensation for damage.



§ 91



(1) the costs associated with treatment and the costs associated with funeral expenses are reimbursed

who incurred these costs. From the costs associated with a funeral, the

subtract the death grants provided under the legislation on health care.



(2) the refund of the cost of food to survivors survivors, which belongs to the

the deceased food provided for or was obliged to provide. In calculating this

the refund is based on the net income of the deceased staff. Replacement

the cost is not reimbursed if a lots belongs to the pension scheme

provided for the same reason.



(3) the lump sum compensation to the surviving husband belongs in the amount of 3000 Czk

and the child that is entitled to an orphan's pension in the amount of 5000 Czk.

justified cases, a one-time compensation to survivors in the aggregate

the amount of 3000 Crowns to admit whether or not the parents of the deceased member.



(4) the compensation of damage belongs to the heirs of a.



section 92



(1) the Corps of national security may, exceptionally, if the case

Special considerations a good husband, child, provide, which is entitled to

an orphan's pension, as appropriate, the parents of the deceased's contribution in the amount of

a one-time compensation to survivors, even if for business or

the occupational disease is not responding.



(2) the Minister of the Interior, the Czechoslovak Socialist Republic lays down,

which conditions are similarly dangerous and especially dangerous (section 89 paragraph.

5), modifies the determination of the amount of one-time extraordinary compensation and provides for the

the procedure of official authorities in discussing and determining the compensation and

more details about the grant of refunds in respect of the service

accidents at work and occupational diseases; It may also provide for the necessary derogations for

compensation for the pain, and in which cases can provide

one-off compensation for surviving a higher amount.



§ 93



(1) if substantially damaged ratios, which were decisive

to determine the amount of damages, the injured party and the choir of the national

safety seek changes in the adaptation of its rights or obligations.



(2) the Minister of the Interior, the Czechoslovak Socialist Republic since may

the changes that have occurred in the development levels of the staff in the reception, adjust the

range specified by the Government of the Czechoslovak Socialist Republic

workers in employment conditions, amount and method of compensation for the loss of

on the staff of income belonging to nationals after the inability to

Service staff arising from the accident or occupational disease.



section 95



Liability for damage to the deferred matters



(1) the SNB is responsible for damage to things. which on its

workplaces in the performance of national service or put in direct

connection with the specified, or the usual place.



(2) For things that members of the services typically do not wear and that were not

staff authority taken into special custody, corresponds to the choir of the national

safety in the amount of 1000 Kčs. If the damage on these matters

It was caused by other national or worker active on

the workplace of the Corps of national security or if the institution

took these things into special custody, shall be borne by the Corps of national security

the damage without limitation.



(3) the SNB is exempted from liability, in part,


If it proves that the damage was attributable to the breach of the staff regulations also

the obligations of the Member.



(4) the right to damages shall be extinguished if the Member did not report it to the

the staff of the authority, without undue delay, no later than 15 days from the date of

When he learned of the damage.



section 96



Responsibility for damage to things when staff surgery and emergency

safety measures



If the Member had suffered a loss when the staff of the surgery or when the

Service held to implement exceptional security measures, corresponding to the

for her Choir's national security.



§ 97



Responsibility for countering the damage



Member, that when removed the danger threatened the life or health

or imminent damage assets suffered damage to things, is entitled to the choir

national security on its replacement, as well as on the compensation effectively

the costs incurred, if this condition alone did not induce and he

Yet in a way appropriate to the circumstances.



THE HEAD OF THE EIGHTH



Termination of service and entitlements associated with him



§ 98



Termination of service



(1) the service ends



and) release,



(b)) the release,



c) detention of rank,



(d) loss of rank,)



(e) the death of the Member.)



(2) the staff ratio agreed on a period of time ending with the expiry of this also

of the period.



§ 99



The release of the



(1) Member shall be released from service if

so requests. The request must be in writing, and where the national release of the

serious personal or family reasons must be given in it also the reason

for the release.



(2) if the release of serious personal or family reasons

(e.g., for health reasons, therefore, they are entitled to the national

old-age pension, therefore, followed by a husband to a new residence, therefore,

that is not utilized by the qualification of women also in the release of

because of pregnancy or child care) will be the end of the service

three calendar months, and in other cases, the nine

calendar months following the date of delivery of the request, if the

business with a national authority agrees otherwise.



(3) the decision to terminate the release shall notify the staff

National Authority within one month from the date of receipt of his application.

If they do so, they end up releasing the service within the time limit referred to in

request. If the period is not indicated in the request, the staff ratio

three calendar months following the date of delivery of the

the request, if the institution with national agrees otherwise.

If a member has filed a request in a time of 10. March 1990 to 10. may

in 1990, his service on 10 December. June 1990, unless

unless otherwise agreed. If a member has filed a request in a time of 11. May 1990

until 31 December 2006. in July 1990, ends on the expiry of one month of service

from the date of delivery of the request, unless otherwise agreed.



(4) if the decision to terminate the release

notified to the officer within one month from the date of receipt of his application and

If the request was the reason for the release, the release shall be treated as

the release of serious personal or family reasons.



(5) if the Member has Asked for the release of the trial period, will end a business

the ratio of the end of the calendar month following the date

the delivery of the request, if the Authority agrees with the national

otherwise, no later than the end of the trial, however, always time.



The release of the



§ 100



(1) the Member may be released from the service:



and If not for him) as a result of major organizational changes

approved by the Government of the Czech and Slovak Federal Republic in the choir

other national security classification,



(b) If, according to the report) of the Medical Commission for health reasons

permanently incapacitated for the performance of any service or if its ability to

for the performance of services is changed and cannot be converted to a function whose

performance would not be to the detriment of his health,



(c)) if it satisfies the conditions for entitlement to a retirement pension,



(d)) if the guest when the staff rated as unsatisfactory and

is not eligible to hold a different, less responsible function,



e) if violated an oath of Office, the staff duty or power

public officials especially rough way and its retention in the staff

the ratio would be to the detriment of important interests of the service, or



(f)) if he was been sentenced for a criminal offence to nepodmíněnému

imprisonment,



(g)) if the Civil Commission is not likely to exercise

service in the Corps of national security.



(2) for the release of a member of the reasons referred to in the preceding paragraph

(a). (d)), e) and (f)) may be taken only within two months of the date on

When the staff found out the reason for the release of the authority but not later than one

year from the date when this reason arose; in these time-limits shall be

the decision of the officer also notified. If the release of a member of the

the reasons mentioned in the previous paragraph (a). (d)), not to the

the period of two months the period for which it is a national recognized temporarily

invalid service for sickness or injury.



(3) the dismissal of a member of any of the grounds referred to in paragraph 1

(a). (b)), d) and (e)) is the professional body must be discussed in advance with the

a Special Commission established pursuant to § 18 paragraph. 4.



§ 101



(1) the decision to release shall be drawn up in writing and must be in the

It listed the reason for the dismissal of the facts founding it, otherwise it is

invalid.



(2) when deciding on the release of the national service of

the grounds referred to in section 100, paragraph. 1 (a). g) is based on the staff of the authority

expression of the Civil Commission.



(3) If a member of the national trade unions, shall take into account the staff

the authority when deciding also to its opinion.



(4) when the release ends three calendar service

months, and in the case of release on probation, the expiry of one

the calendar month from the date of notification of the decision of release, if

business with a national authority agrees otherwise, but no later than

the end of the trial period.



(5) if the Member has violated an oath of Office, the staff duty

or the competence of a public official deliberately or if intentionally committed

the offense, which has been been convicted, you can end up a business

the ratio of release under section 100, paragraph. 1 (a). (e)), or f) date of notification

the decision to release.



(6) where a national decision on the release of the reasons referred to in

section 100 paragraph. 1 (a). and) or g) announced in the period from 10. May 1990 to

July 31, 1990, ending service on the expiry of one month from the

notification of the decision, if the institution has agreed on with the national

time shorter.



§ 102



Prohibition of dismissal in the protection era



(1) a Member shall not be released from service in the trade

time, it is at the time,



and when he was temporarily recognised) invalid service for sickness or injury, if

This inability to intentionally did not cause,



(b)), from the submission of the proposal on the constitutional processes or by authorisation of the Spa

Healing until the date of its termination; When disease or tuberculosis disease

of the profession, this period shall be extended by six months after the release of the

constitutional treatment,



(c)) when is fully released for the performance of public functions, or



(d)) when a member is pregnant, or when a member permanently cares

at least one child younger than one year, or in the case of the lonely

příslušnici, of a child younger than three years.



(2) the prohibition on entry shall not apply to the release of the reasons listed in section

paragraph 100. 1 (a). e) and (f)) and for release on probation. Ban

the release does not also apply to the release of the reasons referred to in § 100

paragraph. 1 (a). and) and (g)), unless, in the case referred to in section 102 paragraph. 1 (a).

(d)).



(3) if the decision on the release of the notified national before the beginning

trade and service time should end up at this time, the protective

the three-month time limit referred to in § 101 paragraph. 2, shall not be counted

unless the Member declares that on the extension service lasts.



section 103



Claims after the cancellation of the decision on the termination of service



If, on the basis of an appeal of a decision by the end of the

the service, the service, and continue to belong to the national

all existing elements. If a member no later than before the

the release of the decision to cancel, that lasts for another performance of the services,

If you disagree with the staff authority otherwise, that his staff ratio

ends dropping of serious personal reasons three calendar

months following the date of notification of the original decision about the termination of the

the service.



section 104



Withdrawal and loss of rank



If it has been withdrawn or the residence title if he lost

rank on the basis of the Court's decision, ending his service, the date of

When the decision on the withdrawal or loss of the rank of the rank acquired

to be able to.



§ 105



The adopted national termination of service for a certain period



(1) if the Member has Been accepted into the service for a certain period,

his service ends on the expiry of this period. If, however, continues to

Member after this time with the knowledge of the staff of the authority in the performance of

services, this service has changed in relation to the

for an indefinite period, if the institution with national agrees otherwise.



(2) a member who has been accepted into the service for a certain period,

can be used before the expiry of this period of release from the service only from

serious personal or family reasons; You can release him for reasons of

referred to in section 100 except that referred to in paragraph 1 (b). (c)).



Section 106



Confirmation of employment and professional testimonials



(1) when a termination of service is a professional body shall issue

a national review of its business activities and employment certificates

in which it must be reported, in particular its duration, achieved

qualifications, and whether, to what extent, in what order, and in whose favour they are

made of staff receive national precipitation.



(2) if the staff authority to another organization or authority

the opinion about the business activities of a member must notify its contents

national and, on request, issue a copy thereof.



§ 107



Positioning in the civil occupation



(1) Members, whose service is terminated by release or


the release of serious personal or family reasons, and which at the date of

termination of service did not create entitlement to retirement or invalidity

pension, have the right to require that they be secured location in

civil profession appropriate to their education, practical experience and

capabilities and facilitate the preparation for selected civil profession care

State.



(2) the obligation to protect members of the location and the preparation for civil

profession under the preceding paragraph, if the members of the

scope the scope of the Minister of the Interior of the Czechoslovak Socialist

of the Republic, the Government of the Czechoslovak Socialist Republic, and in the case of

other members of the Government, the Czech Socialist Republic or the Government of the

The Slovak Socialist Republic. This obligation of the Government of

through the ministries of the Interior; involved State administration bodies

performs the tasks set them while the Government.



section 108



Severance grants



(1) a national, whose service is terminated by releasing or

the release is a severance package. In cases worthy of special attention

You can also grant a severance package, if the detention service rank

or loss of rank. Severance does not belong to a national, that after the end of

the service is accepted into service to armed forces

or to the Corps of the remedial education.



(2) the transitional allowance shall be granted in accordance with the duration of the service and the reason

release or the release of up to six times the gross monthly

staff income. Detailed conditions for the granting of the allowance shall be established and

the determination of the amount of adjusted in individual cases, Minister of the Interior

The Czechoslovak Socialist Republic.



section 109



Salary compensation



(1) a national, whose service is terminated by releasing from the serious

personal or family reasons, or dismissal with the exception of the release

for convictions for intentional criminal offence, shall pay compensation,

If his service lasted for at least ten years and does not have a national

entitlement to a pension from social security or on the post for the service;

under these conditions, can be used in cases worthy of special attention to admit

National pay settlement, even if under the provisions of the previous

part of the sentence does not belong.



(2) the Level of compensation in the amount of the last monthly net staff

income provides the Corps of national security since the advent of the civil

profession, or from the beginning of the preparations for this profession, the

staff authority, to the expiry of two years from the date of termination of service.



(3) the details of the provision of the basic application, of the method of calculation

the amount and the payment adjusts the Interior Minister of the Czechoslovak Socialist

of the Republic. The Ministers of the Interior, in the fields within their competence may delete

hardness, which would have occurred in the implementation of the provisions of paragraphs 1 and 2.



Contribution for the service



section 110



(1) the contribution for the service (hereinafter "post") belongs to the conditions on

referred to national, whose service is terminated by releasing or

the release of any of the grounds referred to in section 100, paragraph. 1 (a). and)

(d)).



(2) in cases worthy of special attention, you can post also admit

If the service release for reasons other than that

listed in the preceding paragraph, or if the detention of rank or

the loss of rank.



(3) the allowance shall not be granted, where appropriate, its payout will stop,

If the Member is again accepted into the service or is accepted

in service to the armed forces or Corps of remedial education.



(4) the contribution does not belong after the age of 60 years.



section 111



(1) the contribution is



and 20% of the professional income), if held in a National Service Corps

national security for at least 15 years and reached the age of at least 40

years, and with regard to the Executive or a member of a squadron in the function

the special nature of the or of a specific degree of hazard, regardless of the

age;



(b) 30% of the staff) of income, if the Member was on duty in the Corps

national security for at least 20 years or it took place over a period of

shorter, but participated in the intensive construction of the Corps of national security

and reached the age of at least 45 years old.



(2) the contribution referred to in the preceding paragraph shall not, however, exceed the amount

the maximum amount of partial invalidity pension participants

the resistance.



(3) the contribution increases the resistance to the participants; This increase can be

exceeded limit laid down in paragraph 2.



section 112



The allowance shall be payable from the gross monthly income of the last of the staff

a before termination of service or if it is for

it better, from its average gross monthly income of the staff

in the last five calendar years prior to the termination of service.



§ 113



(1) in the overlapping claim to the post with a right to contribution for the service

under other rules ^ 1) belongs to a higher post.



(2) when the overlapping contribution with earnings running out the contribution, the amount of

the sum of the contribution and the gross monthly earnings exceed the amount of the

staff income, from which the contribution was received.



(3) in the overlapping claim to the post, and on retirement or invalidity

(partial invalidity) pension under the social security legislation

It belongs to the creditor in his choice of either a pension or a pension for

výsluhu years (the partial pension for výsluhu years), post.



§ 113a



(1) after a period of time, after which the beneficiary resides abroad permanently,

the post does not belong. If the recipient resides in a foreign country

temporarily, a post it, but abroad.



(2) After the time that is the recipient of the contribution in the enforcement of a sentence involving deprivation of

freedom or in custody, the post doesn't pay. Husband and children

at the request of the authorized paid part of the contribution, which is needed to

payment of its obligations and personal needs of family members. The creditor, who

It is a lonely, exceptionally allow the payment of part of the contribution to the payment of his

commitments. If the recipient of the contribution was released from custody without

convicted, he shall pay the contribution of the entire period of detention.



section 113b



(1) the Organization shall be obliged to submit the contribution payer's challenge in the specified

the time limit for reporting purposes, the reduction of the contribution, in particular on the amount of earnings

the recipient of the contribution. The contribution payer is entitled to examine the accuracy and

completeness of this information.



(2) if the Organization Caused by incorrect reporting or omission of that

the contribution has been paid unduly or in a higher area than belonged, is

the contribution payer is obliged to replace the wrongly paid amounts.



(3) if the contribution Was wrongly or in a higher area than

belonged to the recipient of the allowance and, the fault of the Organization, the recipient

contribution of the Organization for the return of wrongly paid amounts together

and severally liable.



(4) the limitation period of the limitation and the provisions of section 132a.



(5) on the obligation of the Organization to replace the wrongly paid amounts

the contribution shall be decided by the payer of the contribution; for proceedings shall apply mutatis mutandis

the provisions governing the management of social security. ^ 2)



section 113 c



The recipient of the contribution, has been sentenced to nepodmíněnému

the sentence of imprisonment for an intentional offence or committed such

the negotiations, which would be otherwise for the duration of the service has been withdrawn

rank (article 13, paragraph 1 (a))), the contribution may be withdrawn. The withdrawal of

contribution in the fields of its competence are decided by the Ministers of the Interior, after

the previous discussion in Special Commission established under section 13 (3). 2.



section 114



(1) the extent of the increase in the contribution of the participants in the resistance according to § 111 paragraph. 3 and

the details of provision of allowance provides for the Minister of the Interior

The Czechoslovak Socialist Republic.



(2) the Ministers of the Interior, can remove hardness, which would have occurred

in the implementation of the previous provisions on the contribution.



(3) the Government of the Czechoslovak Socialist Republic may with regard to the

the development of the cost of living to establish the contribution of the special allowance,

where appropriate, adjust for the legitimate way of reduction of the contribution of that bargain.



section 114a



(1) the Members of the Corps of national security, who were permanently or

provisionally placed in the folder "^ 1") of the State security and whose business

the ratio of finished in time from 1. January 1971 to 10. in May 1990, does not belong from

September 1, 1990, the contribution for the service under section 110 to 114, if their

the request and recommendations of the Civil Service Commission authority.



(2) the Members of the Corps of national security, who were permanently or

provisionally placed in the folder "^ 1") of the State security and whose business

He ended up dropping the ratio on a request made at the time by 1. January 1990 to

July 31, 1990, or in the manner specified in § released 101 paragraph. 6,

severance does not belong under section 108, level of compensation referred to in section 109 or

contribution for the service under section 110 to 114, at their request and if

recommendations of the Civil Service Commission authority.



(3) the members of the National Security Corps, whose staff ratio

He finished in a time of 9. May 1990 dismissal on the grounds listed in § 100

paragraph. 1 (a). and), d), (e)), f) and (g)), do not belong to severance under section 108,

salary compensation according to § 109 or contribution for the service under section 110 to

114. If the service Ended due referred to in section 100, paragraph. 1 (a).

and you can do this), only until 31 December 2006. December 1990.



Section 114b



Under this Act, if a post for a service in the Federal

safety information services higher than what triumph belongs to

credit periods of employment under section 134, paragraph. 3, or if he was under

contribution for the service of this Act, though the credit to spare time

employment under section 134, paragraph. 3 does not belong, a reduction from the effective date

This law, this post on the appropriate compensation period

employment under section 134, paragraph. 3 or its payout. New

assessment of the reduced contribution shall be made not later than 31 December 2006. October 1995;

in a new assessment of the contribution of its payment suspended.



section 115



Úmrtné



If the service member deaths, survivors of úmrtné.

The amount of úmrtného and the range of surviving, which belongs to the úmrtné, provides for the

the Minister of the Interior, the Czechoslovak Socialist Republic. Claims

surviving under section 90 shall remain unaffected.



THE HEAD OF THE NINTH



The appeal and appeal proceedings



section 116



Appeal




(1) of the staff regulations against the decision of a national authority may appeal

within 15 days, and in the case of an appeal against a decision imposing a disciplinary

the sentence or release on probation, within seven days from the date of

notification of the decision. The appeal may also be lodged against the national

staff assessment, confirmation of employment and professional expertise in the

the time limit of 15 days from the date when he was acquainted with their content. The appeal is

served on the staff of the authority that issued the decision, in writing or by word of mouth

in the log.



(2) the filing of an appeal does not have suspensory effect with the exception of the appeal against the

the decision on the withdrawal of the ranks, against which the staff assessment

Member rated as substandard and unfit to hold another,

less responsible function [§ 100 para 1 (b), (d))], against the decision of the

disciplinary punishment or compensation.



(3) the staff, the authority which issued the contested decision, it can appeal alone

meet; If they do so, it shall without delay, but no later than 30

days from the filing of the appeal, submit an appeal to the authority competent for the

the decision of the appeal (hereinafter ' the appellate body ").



(4) an appeal against a decision on the appeal.



section 117



The appellate body



(1) the Appeal Authority is the institution closest to the senior staff

the authority that issued the contested decision.



(2) the appeal authority shall decide on the appeal without undue

delay, but not later than 60 days from the date of submission of the appeal, and after

the previous discussion in the Advisory Commission. If it has not been possible to decide in

This time limit, the Member must be informed of the reasons for which it could not

be decided and must be communicated to him, the period during which an appeal

shall decide.



(3) If on an appeal against a decision on the release of the reasons mentioned

in section 100, paragraph. 1 (a). (g)), is based on the appellate body of representation of civil

the Commission, acting on the same organizational level; in the Advisory Commission

such an appeal is not pending.



(4) against the decision of the Minister of the Interior, unless the decision on the appeal,

can be made. Minister of the Interior decides on decomposition. For degradation and

Court applies the provisions on appeal.



§ 118



The Advisory Commission



(1) the Advisory Commission consists of a Chairman, his Deputy and other

at least seven members. Appeals are heard by the Advisory Commission in chambers,

to be determined by the Chairman; the boards must be at least three.



(2) a member of the Advisory Commission may be a member, which is an example of the

the performance of official duties and has sufficient knowledge and experience to

the proper exercise of this function.



(3) participate in the negotiations in the Senate is expelled a member, which with regard to

his relationship to the case or to the participant you can have doubts about

his disinterestedness. Whether it is a member of the Commission from the negotiations in the Senate

excluded, the President decides.



(4) the Advisory Committee shall establish and the President, shall appoint a representative and additional members in the

the fields of its competence, the Ministers of the Interior and the staff bodies empowered by them;

in doing so, shall take into account, in particular, to the organizational arrangement of the choir of the national

the safety.



Appeal proceedings



section 119



The appellate body is obliged to determine accurately and completely the real state of things and

in order to obtain the necessary documents for the decision; in doing so, must

be given the option to these national background to comment.



§ 120



The decision of the appellate body shall be in writing and delivered to the

the participants of the proceedings. The decision shall contain a statement of grounds and

the lesson that this decision is final.



§ 121



(1) if the Member was due to improper instruction or, therefore, that

was not advised at all, he handed the appeal after the expiry of the statutory time limits

or the nepříslušného service or of the appellate body, it shall be deemed that the

made it on time and to the competent authority, if it did so at the latest

within three months from the date when the decision was announced.



(2) the appeal authority may waive the deadline, if it occurred

for serious reasons, it shall, within 15 days from the date when the

passed the judgment and reason at the lodges an appeal.



§ 122



The Minister of the Interior, the Czechoslovak Socialist Republic in more detail adjusts

proceedings on the appeal.



section 123



A final and enforceable decision



(1) decision of the staff of the authority against which an appeal cannot be

(decomposition), is in force.



(2) the decision is enforceable, if unable to lodge an appeal against it

(corruption) or if the revocation (decomposition) does not have suspensory effect.



(3) has not fulfilled an obligation within the time difference relative to the implementation of the

enforceable decision may imposed this decision in simple

cases do business authority, otherwise on a proposal from the authorized executes

the Court or the National Committee.



Extraordinary remedies



section 124



(1) if it transpires that the final decision is in contradiction with the

the legislation, the Minister of the Interior in the scope of its competence

Cancel. Minister of the Interior decides on the merits.



(2) the final decision on the termination of service, the Minister

the Interior only on a proposal from a member, in other cases, also from

its own initiative.



(3) the final decision can be canceled within three years from the entry into force.



section 125



(1) if it is subsequently discovered the extraordinary serious circumstances, that

National could not without their guilt in the proceedings and which justify the

significantly more favourable decision in his favor, the institution

on his proposal to cancel its final decision. The final decision

the appeal authority (the authority, which on decomposition) can cancel

This authority is subject to the conditions of the previous sentence.



(2) authority that annulled the decision, will decide on the merits of the case.



(3) the application for annulment of the decision referred to in paragraph 1, the Member may submit

only up to three months from the date when he learned about the circumstances of the

justifying the proposed amendment, but not later than three years from the entry into

the decision.



PART THE SECOND



The service of the members of the Corps the remedial education



§ 126



(1) the provisions of this law shall apply also to staff ratio

members of the Corps the remedial education with the following deviations:



and) where in this Act speaks of the Corps of national security, the

It Forces the remedial education;



(b)), that under this Act is the responsibility of the Minister of the Interior

The Czechoslovak Socialist Republic and the Minister of Interior of the Czech

the Socialist Republic or the Slovak Socialist Republic,

the responsibility of the Ministers of Justice of the Czech Socialist Republic and the

The Slovak Socialist Republic;



(c) the members of the Corps of remedial education) are in proportion to the Corps

remedial education of the Czech Socialist Republic or to the Corps of the remedial

of education of the Slovak Socialist Republic; scope according to § 2 (2). 2

This Act shall be exercised by the Ministers of Justice of the Czech Socialist

Republic and the Slovak Socialist Republic, and in the extent of their

other authorities prescribed remedial education Corps, chiefs and commanders

also, in the cases provided for in this Act,



(d) the provisions of § 99 paragraph). 3 sentence fourth and fifth, section 100, paragraph. 1 (a). g), §

paragraph 101. 2 and 6, § 102, paragraph. 2 the second sentence of § and § 117 paragraph 114a. 3 on the

the service of the members of the Corps the remedial education do not apply.



(2) the members of the Corps the remedial education, whose service is terminated

in the period from the 1. July 1990 to 31 December 1992. December 1991, does not belong to severance

under section 108, level of compensation referred to in section 109 or contribution for the service

under section 110 to 114, if at their request unless the institution

otherwise.



PART THE THIRD



Common provisions on procedure



§ 127



Legal act



(1) the staff authority is obliged to notify the decision (to declare a written

order), whose national is concerned. The decision shall contain a statement

justification and lessons, in which the authority and the period within which you can submit

the appeal against the decision. A written copy of the decision (written

the order does not need to deliver national), with the exception of cases which

Minister of the Interior of the Czechoslovak Socialist Republic. The Minister

Interior of the Czechoslovak Socialist Republic may also detail

Edit the procedure preceding the decision of the staff of the authority.



(2) the Member shall be the submission of the staff of the authority concerned. The submission of

may be notified orally or in writing has been made. In writing shall

be the submission has been made, if this is provided for by the law. Staff authority is

obliged to decide on the matter without undue delay.



§ 128



Annulment of a legal act



(1) the Act is Invalid,



and that was not made freely), really, definitely or,



(b)) which pays in advance of their national rights,



(c)) has made it a national acting in a mental breakdown that makes it to the

This legal act invalid,



(d)) if he does not he who made it, the eligibility of legal capacity.



(2) the legal acts which were not made in the form prescribed by this

by law, are invalid, only if it expressly provides for the law.



(3) if the reason for the invalidity of only part of the Act, is

invalid just this part, if the nature of the legal act from its content

or from the circumstances in which it occurred, it does not follow that this part cannot be

separated from the rest of the content.



§ 129



Prescription and extinction of rights (entitlements)



(1) the right to contribution (§ 110 to 114) nepromlčuje; in the other

cases, the right to be extinguished if not exercised at the time of this

the Act provided for. The limitation shall be taken, only if the one against

which is the right to apply the limitation dovolá; in this case, cannot be

time barred right who is applying, to admit.



(2) to the demise of the law because it was not done within the time limit,

occurs only in the cases referred to in § 30 paragraph. 1, § 95 paragraph. 4 and § 100

paragraph. 2; to the demise of the law into account, even if it is not in the management argued.



(3) if the member exercises his right, and in proceedings initiated properly

continues, the limitation period for proceedings is not running. The same is true on the right,

that has been been granted and for which leads to performance management

decision.



(4) the right to apply for the filing of national institution staff

authority of the decision (written order).



The limitation period



section 130



(1) the period of limitation begins to run from the date when the law could be applied

for the first time.




(2) if it has been agreed in installments, the period of limitation begins to run

each of the instalments from the date of maturity. If for

failure to comply with some of the payments due and the amount owed, the whole run

the limitation period from the date of maturity of the instalment.



§ 131



(1) unless provided otherwise below, barred the cash demands of

service for one year.



(2) a claim for the repayment of the contribution of the individual (§ 110 to 114) promlčuje

for one year from the date of its maturity; If the entitlement to the allowance

wrongly denied the claim on the promlčuje individual installments of the contribution for the

for three years.



(3) if the right to compensation for damages, to run a one-year limitation

the period from the date when the injured party becomes aware of the damage and who

corresponds to. The latest is entitled to compensation for damages become statute-barred in three years, and

in the case of damage caused intentionally, in ten years from the date on which the damage

It is established; This does not apply in the case of damage to health.



§ 132



(1) if the right granted by a final decision, promlčuje for

ten years from the date on which it should be according to the decision. If it was the right

who is obliged to carry out, in writing, the reason i accepted the amount,

promlčuje is ten years from the date on which the certification occurred. However, if in the

the recognition given to the performance period, the limitation period runs from the date of this

the time limits. The right secured by limiting the transfer of real estate for promlčuje

for ten years.



(2) the same limitation period applies to each installment, which was

implementation of the decision or the acknowledgement; the limitation period for

the individual instalments shall start to run from the date of maturity. If this happens

for failure to comply with some of the payments, the entire amount due,

run the ten-year limitation period from the date of maturity of the instalment.



(3) the interest and repeated performance of the legally granted or in writing

recognised, which occurred after the final decision or after

recognition shall be barred after three years from the date of maturity.



section 132a



Entitled to repayment of the contribution provided by the individual payments wrongly

or in the wrong amount of the promlčuje for three years from the date when the Bill-to customer

This post has found that grant was given wrongly or in

incorrect amount, no later than ten years from its payment. The limitation period

If they are not running from the contribution reductions are carried out on the reimbursement of the amount paid

wrongly.



section 133



Unauthorized property benefits



(1) If a member of an unauthorized property benefits at the expense of assets

managed by the authority or by the staff Corps of national security at the expense of

Member, must be issued.



(2) Unauthorized property benefit is obtained without the benefit of implementation

the rule of reason, or on the basis of an invalid legal act.



(3) repayment of wrongly paid amounts, however, the institution may, on the

national demand, only if the Member knew or must have

circumstances to assume that the amounts incorrectly specified or by mistake

paid within one year from the day when he found that the amounts were

improperly designed or mistakenly paid, and no later than three years from their

the payouts.



(4) the invalidity of the Act cannot be a national prejudice, if

annulment has not caused exclusively by himself; If as a result of national

such an invalid legal act pity, the SNB

shall be obliged to replace it.



§ 134



Reckoning of periods of employment



(1) members of the duration of service applicable to the

allocation of rights arising from service included time

service from 9. in May 1945 the Corps of national security, in the

the armed forces and in the College of remedial education and other times when they have been

nationals already counted under the existing legislation, if there is no further

unless otherwise provided for.



(2) the Minister of the Interior, the Czechoslovak Socialist Republic provides in

to what extent to grant compensation pay and allowance for the service

zvýhodněně does the service and performance of the functions of the Executive wing of the Special

the nature and the special degree of hazard; It may also lay down that

other times, especially in the period of resistance activities and the imprisonment of political,

ethnic or racial grounds in a time of oppression, will be included in

the period of service for the allocation of rights arising from the

the service.



(3) Former members of the Federal Security Service of information to the

the duration of service applicable to the granting of a service

do not count the period of service



and a member of the Corps of national security) included in the State

in the field of security with the inclusion of the kontrarozvědným or rozvědným or

in the investigative function or the Chief of the Department and later in the State

safety,



(b)) in the armed forces to be included in the military kontrarozvědce,



(c)) in the armed forces to be included in the Intelligence Department of the Czechoslovak

the people's army, if they were not included in the functions of the technical servicing

equipment for military reconnaissance,



(d) a member of the Corps of national security) included in politickovýchovné

Administration (Department) of the Federal Ministry of the Interior, the Ministry of the Interior

The Czech Republic or the Ministry of Interior of the Slovak Republic, which

directly performed activities, politickovýchovnou



(e) a member of the Corps of national security) included in the function of the representative

Chief (master) for the politickovýchovnou work,



(f) a member of a corps of remedial education) included in the function of the representative

Chief of administration or Department for the politickovýchovnou work,



(g)) of a soldier of the Czechoslovak people's Army included in the main political

the administration of the Czechoslovak people's army, which has pursued

politickovýchovnou activity or that has been included in the function of the representative

Commander for politickovýchovnou work or propagandists.



§ 135



Application of the provisions of the labour code



(1) On the service of members shall apply mutatis mutandis the provisions of

the Labour Code No. 65/1965 Coll. in the wording of the legislation it changing and

additional: section 10 to 17, § 94, § 108 paragraph. 4, section 143, paragraph. 5, § 241 and

244, section 245, paragraph. 1, 2 and 4, § 246 to 260, 265, paragraph. 2, § 266, section 272

paragraph. 1 and 3, § § 273 and 274, paragraph. 1.



(2) the Minister of the Interior, the Czechoslovak Socialist Republic can

determine which features will occupy on the basis of the bankruptcy.



Transitional provisions



§ 136



(1) pursuant to this Act shall be assessed whether or not the staff ratios incurred before the 1.

in January 1971, unless otherwise specified.



(2) according to the existing legislation shall be assessed claims from staff

ratio to 31. in December 1970, and the legal acts relating to the establishment, changes and

termination of service made before 1. in January 1971, and their legal

the effects, even if they occur after this date, as well as the period began to run

prior to that date.



(3) the grounds referred to in section 100, paragraph. 1 (a). d), (e) and (f))) can be used

then, if there is a national and justifying the release

before the beginning of the effectiveness of this law; If in doing so the fact

justifying the dismissal of a member of his political insolvency,

It can be until the end of the 1971 release, if the date on which the reason

the release was not yet expired a period longer than three years.



(4) the amounts of the restrictive provisions under the previous method of calculation and

compensation for loss of earnings and maintenance costs

survivors for compensation due for the period from 1 July 2002. January 1971

increase the amount of 2500 to the single Czech Crowns. Disability pension, partial

disability income and the income of the surviving means from 1. January 1971

These pensions, after deduction of any special tax on income. At the request of

the injured party, any adjustment of the refund shall also apply when the

those refunds was already been taken or if their

the above has already been agreed upon.



(5) the procedure for appeals initiated prior to 1. January 1971

be carried out and of the remedies, the competent authorities shall decide in accordance with

the existing regulations, in the manner prescribed in these regulations.



§ 137



The Ministers of the Interior of the can in the fields within its mission not later than five years from the

the early efficacy of the law, waive the nationals, who are in the

the staff ratio of at least 20 years or have reached the age of 45, the degree of

education required for their promotion to the highest rank set

for a function, if done at least reached the closest lower

the degree of education and achieve very good results in the performance of the service.



§ 138



Cancellation provisions



(1) The members of the National Security Corps and Corps remedial education

not covered by the Act No. 88/1952 Coll., concerning material security

members of the armed forces.



(2) are hereby repealed:



1. the provisions of section 34 of the Act No. 76/1959 Coll., on some service

the emoluments of the troops, in the wording of the legal measures of the Bureau of the national

Assembly no 165/1964 Coll. and Act No. 59/1969 Coll., on certain

the changes in business circumstances of professional soldiers;



2. the provisions of section 63, paragraph. 1 to 4 of Act No. 59/1965 Coll. on the execution of punishment

deprivation of liberty, as amended by Act No. 173/1968 Coll.;



3. deleted



4. the provisions of section 27 and section 28 and 29. 3 of Act No. 70/1965 Coll., on the choir

national security;



5. Decree of the Minister of the Interior No. 35/1961 Coll., on business oath

members of the security forces of the Ministry of the Interior.



section 139



The effectiveness of the



This law shall enter into force on 1 January 2005. January 1971.



Selected provisions of the novel



Article II of law No 63/1983 Sb.



The provisions of section 113, § 113a, 113b and 113 c § § apply also to the post,

that claim before the date of entry into force of this Act;

the contribution, however, can be withdrawn (section 113 c) just for the negotiations, which

the beneficiary commits at the time from the date of entry into force of this

the law.



Article IV of law No 74/1990 Coll.



(1) a national Corps of National Security Corps, or remedial education

who composed an oath of Office in its earlier version, it is

institution shall be obliged to submit to an oath of Office under the

This Act within two months from the date when this law becomes effective;

Officer must be granted a period of one month for discretion

whether an oath of Office under this Act. If the Member refuses to

fold an oath of Office under this Act, its end of service


the date on which the refusal occurred. If the Member fails to an oath of Office in the

the time set by his discretion, his last service

on the day this time. In the case of an oath of Office that he could not pass the national

for serious reasons in due time, he is running a new period of one month

After the defection of the reasons for which it could not pass an oath of Office. The end of the

the service shall in such cases be treated as a termination of the

service release for serious personal reasons.



(2) a Soldier by profession, ^ 3), soldier in the next service ^ 4) and soldier, retired

Member who is temporarily to active service ^ 5) (hereinafter referred to as "soldier"), which was composed by

military oath under its former wording, is Commander shall

submit to the composition of the military oath under this law, within two

months from the date when this law becomes effective; soldier must

be granted a period of one month for the discretion of the military oath

According to this law. In the case that the military oath could not soldier

fold for important reasons in due time, he is running a new time of one

months after the defection of the reasons for which it could not pass the military oath.

Soldier refuses to fold a military oath under this law, the

released by the Minister of national defence from the service.



Article. (III) Act No. 169/1990 Coll.



Members of the Corps of national security corps and remedial education, who

fail or refused to pass a new oath in due time and their

Therefore, the service ended, a ^ 2) severance does not belong under section 108 of the Act

No 100/1970 Coll., on the service of members of the choir of the national

security, as amended by later regulations, the level of compensation referred to in section

109 or post for a service under section 110 to 114 of the Act.



(2) a Soldier by profession, ^ 1), soldier in the next service ^ 2) and soldier, retired

active duty member who temporarily to ^ 3) (hereinafter referred to as "soldier"), which was composed by

military oath under its former wording, is Commander shall

submit to the composition of the military oath under this law, within two

months from the date when this law becomes effective; soldier must

be granted a period of one month for the discretion of the military oath

According to this law. In the case that the military oath could not soldier

fold for important reasons in due time, he is running a new time of one

months after the defection of the reasons for which it could not pass the military oath.

Soldier refuses to fold a military oath under this law, the

released by the Minister of national defence from the service.



*) section 83 of the labour code and Decree No. 63/1968 Coll., on principles for

shortening the length of weekly working time and for the introduction of operating and working

arrangements with five-day working week.



*) Act No. 174/1968 Coll., on State specialized supervision of safety

the work.



*) Law No 32/1957 Coll. on health care in the armed forces, in the

as amended, Act No. 88/1968 Coll., as amended

legislation, law No. 121/1975 Coll., on social security, as amended by

amended (the full text of no 30/1983 Sb.-section 119 to 135).



*) section 157 to 161 of the labour code.



*) Search. No 32/1965 Coll., on compensation for pain and worsening social

application, as amended by public notice. No 84/1967 Coll., search. No 76/1981 Coll. and search.

No 78/1981 Coll.



**) section 5 of the Act. No. 88/1968 Coll.



§ 33) Act No. 88/1968 Coll., on the extension of maternity leave, the

maternity benefits and allowances for the children of the sickness insurance scheme.



1) section 33 of the Act No. 76/1959 Coll., on certain service conditions of soldiers,

as amended (the full text of no 122/1978 Sb.).



1) § 9 (2). 1 of law No 40/1974 Coll., of the Corps of national security, in the

the text of the amended laws.



2) Article. IV of law No 74/1990 Coll., laying down a new wording of the military

the oath and the oath of members of the staff of the Corps of national security and

Remedial education Corps, modifies the name of the Czechoslovak army, modifies the

annual leave soldiers in basic service and amending Law No 40/1974

Coll. on the Corps of national security.



§ 116, paragraph 2). 1, 2 and 6 and article 134, paragraph. 1 to 5 of law No 121/1975 Coll., on the

social security (the full text of no 30/1983 Sb.).



1) Law No. 15/1990 Coll., on political parties.



2) section 8 of Act No. 15/1990 Coll.



3) section 20 (2). 2 (a). (d) the armed services Act).



4) section 20 (2). 2 (a). (c)) the armed services act.



5) section 20 (2). 2 (a). (e)) the armed services act.