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.