On The Prerequisites For The Exercise Of The Functions Of The Appointment Of Members Of The Police Of The Czech Republic

Original Language Title: o předpokladech pro výkon funkcí jmenováním příslušníků Policie ČR

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279/1992 Sb.



LAW



The Czech National Council



of 28 June. April 1992



on certain other assumptions for the performance of certain functions

obsazovaných provisions or the appointment of members of the police of the Czech

of the Republic and members of the congregation the remedial education of the Czech Republic



Change: 555/1992 Sb.



Change: 256/1995 Sb.



Change: 424/2000 Sb.



Change: 35/2002 Sb.



Change: 362/2003 Coll.



Change: 341/2011 Sb.



The Czech National Council agreed on this law:



§ 1



This law provides for certain additional preconditions for the exercise of certain

features obsazovaných ustanovováním or appointment



and the Ministry of the Interior) in the Czech Republic (hereinafter referred to as "the Ministry"),



(b)) in the police of the Czech Republic,



(c)) in the prison service of the Czech Republic.



The conditions for the performance of certain functions in the Ministry and the police of the Czech

of the Republic of



§ 2



(1) the functions under section 1 (b). and (b))) means the functions



and members of the Police of the Czech Republic) (hereinafter referred to as "the policeman")

called to perform the tasks in the Ministry, "^ 1")



(b)) in the Office of investigations of police officers listed for the Czech Republic,



(c) police officers included on the police) Directorate,



(d)) of the Director, Deputy Director, Commissioner, Commander of the external service

the head of the Department of administrative services and Chief Inspector of the district and

equivalent circuit and municipal directorates of the police

The Czech Republic,



(e)) the Director, Deputy Director, the High Commissioner, the Commander of the external

services, head of the Department, the Commander of the intervention force, the head of the

the Department of administrative services, head of section, head of the senior officer

specialists and senior officer specialist on the administrations of regions in the Czech

Republic and the administration of the capital city of Prague,



(f)) of the Director, Deputy Director, head of Department and senior

investigators at the regional offices of the investigation in the Czech Republic and in the

the capital city of Prague,



(g)) the Director, Deputy Director and head of Department at the district and the

equivalent circuit and municipal offices of the investigation in the Czech

Republic.



(2) the functions means the functions referred to in paragraph 1 (b). and) to (g))

or to assimilated them function.



(3) the Functions referred to in paragraphs 1 and 2 means the staff places according to the

Special Act. "^ 1a)



§ 3



(1) a precondition for the performance of functions under section 2 is that the citizen in the period from

February 25, 1948 to November 17, 1989 was not



and a member of the Corps of national security) entered in the State

in the field of security with the focus, kontrarozvědným



(b) a member of the Corps of national security) in the function of the Chief

Department and later in the State security,



(c)) in the materials of the State security, registered as resident agent

the holder of a borrowed flat, holder of the conspiracy of the apartment, the informant or

ideological associate State security,



(d))



(e)) in the function of Secretary of the Communist Party of Czechoslovakia or

The Communist Party of Slovakia from the district or equivalent Department

the senior Committee of the above, a member of the Bureau of the Committee, a member of the

the Central Committee of the Communist Party of Czechoslovakia or the Central

Committee of the Communist Party of Slovakia, a member of the Centre for the management of the party

work in the Czech Republic or a member of the Committee for the management of the party's work in the

Czech lands, with the exception of those who held these functions only

the period from 1.1.1968 to 1.5.1969,



(f)) in the choir of national security in the function of Secretary of the main Committee

The Communist Party of Czechoslovakia or the Central Committee of the Communist

Party of Slovakia, a member of the Central Committee of the Communist Party

Czechoslovakia or the main Committee of the Communist Party of Slovakia or

a member of the celoútvarového Committee of the Communist Party of Czechoslovakia or

The Communist Party of Slovakia,



g) professional apparatus organs referred to in the provisions of subparagraphs (e) and (f)))

in the field of the political management of the Corps of national security,



h) national National Security Corps entered the Administration for

politickovýchovnou, educational, cultural and promotional activities

the Federal Ministry of the Interior or the Ministry of which directly

exercise politickovýchovnou activity,



I) national National Security Corps entered in the function of the representative

Chief (master) for the politickovýchovnou work,



j) national militia,



to a member of the National Action Committee) of the queue after 25. 2.1948, prověrkových

the Commission after 25. 2.1948 or prověrkových standardisation Commission after 21. 8.

1968,



l) student at the high school of Felix Dzerzhinsky in Edmundoviče to the Council

the Ministers of Union of Soviet Socialist Republics for the members of the

The State security, the high school Ministry of the Interior of the Soviet

Socialist Republics for members of the public security, Higher

the political School of the Ministry of Interior of Soviet Socialist

republics and to other schools in the security nature of the Union

of Soviet Socialist Republics on or scientific or aspirantem

a participant in the courses longer than 3 months at these schools.



(2) a precondition for the performance of functions under section 2 is on, that the citizen has not been

circumstances listed in section 5 (3). 1 (a). (c)), and (d)).



The conditions for the performance of certain functions in the prison service of the Czech

of the Republic of



§ 4



(1) the functions under section 1 (b). (c)) means the functions



and members of the prison service) of the Czech Republic (hereinafter the "Member")

included on the Directorate of the prison service of the Czech Republic,



(b) the Director and Deputy Director) of the Department of the prison service of the Czech Republic

or organisational units of the prison service of the Czech Republic built on the

Department of Department of the prison service of the Czech Republic,



(c) the head of the Department) and the equivalent of organizational parts

the units of the prison service of the Czech Republic, the head of the section (of the Group)

organisational components of the prison service of the Czech Republic based on the

Department of Department of the prison service of the Czech Republic,



(d) members of the departments included in) (groups of) prevention in departments

The prison service of the Czech Republic.



(2) the functions referred to in paragraph 1 shall mean a business location

Special Act. "^ 1a)



§ 5



(1) a precondition for the exercise of the functions referred to in section 4 in the prison service of the Czech

the Republic is that in the period from 25. to 17 February 1948. November 1989



and the citizen were found) in fact referred to in § 3 (3). 1,



(b) was not a member of the citizen celoútvarového) Committee of the Communist Party

Czechoslovakia in the management of the Corps the remedial education of the Czech Republic,

a member of the celoútvarového Committee of the Communist Party of Czechoslovakia

departments and the assimilated organizational folders for Choir

remedial education of the Czech Republic or the President of the basic organization

The Communist Party of Czechoslovakia in the departments of the choir the remedial education

The Czech Republic, in which the Committee has not been established, celoútvarový

The Communist Party of Czechoslovakia,



(c)) was not in the function of the citizen of the Deputy Chief of administration or Service Corps

remedial education of the Czech Republic for the politickovýchovnou work,



(d)) was not in the function of the Chief citizen of the Department or the Department or head of

Group internal Protection Corps the remedial education of the Czech Republic,



(e)) was not recorded in the materials of Citizen Corps remedial education Czech

of the Republic as the resident agent, or a confidant of internal Protection Corps

remedial education of the Czech Republic.



(2) cancelled



Certificate and affidavit



§ 6



(1) the matters referred to in section 3, paragraph 3. 1 (a). and (d))), to demonstrate the

a certificate issued by the Federal Ministry of the Interior, where appropriate, the findings

issued by a special Act. ^ 2)



(2) the matters referred to in section 3, paragraph 3. 1 (a). e) to (l)) and in section 5 (3). 1

(a). (b) to (e))) will attest to the affidavit.



section 7 of the



Citizen, police officer, or a member who has to perform the function referred to in

§ 2 in the Ministry or the police of the Czech Republic or feature referred to

§ 4 in the prison service of the Czech Republic, shall submit the certificate, where applicable,

find or affidavit to the competent professional authority; at the same time

prior to joining the functions required to submit a declaration that he was not and is not

a collaborator of any foreign intelligence or intelligence services.



§ 8



(1) the Minister of the Interior of the Czech Republic and the Czech Minister of Justice

of the Republic are authorized by the authorities referred to in the Special Act

require a certificate or find on the facts referred to in section 3, paragraph 3. 1

(a). and (d))) ^ 3).



(2) the Minister of the Interior of the Czech Republic and the Czech Minister of Justice

of the Republic may request a certificate or award referred to in paragraph 1

empowered by the police or a national or citizen who is or has

be appointed to the position, the institution to which the provisions of this

the function belongs to.



(3) the head of the institution or the institution at the same time notify the police officer,

a national or a citizen, that he is required to present a certificate or

find within 30 days after its receipt.



(4) the request for the issue of a certificate for a police officer or a member shall be

sent to the Federal Ministry of the Interior, no later than 30 days from the date of

the effectiveness of this Act.



(5) If the officer or member fails to submit a certificate to the Manager

authority or by the staff of the authority within 30 days after its receipt of the request,

the head of the authority or institution of the Federal Ministry of the Interior of the

send a copy of the certificate.



§ 9



Termination of service and convert it to another function



(1) If a police officer or member of the preconditions for the exercise of functions

referred to in section 3, paragraph 3. 1 (a). and (e))) up to, and in section 5 (3). 1 (a). b) to (e)),

This is considered as a reason to terminate the release. ^ 4)

Staff authority shall decide on the release of a police officer or a member of

service no later than 15 days after the day on which the reason for

the release has found.



(2) If a police officer or member of the preconditions for the exercise of functions

referred to in section 3, paragraph 3. 1 (a). (f)) to (l)), shall be considered as a reason for

transfer to a different function than is listed in § 2 and 4.



(3) when the release will end service to the expiration of two calendar

months following the date of notification of the decision to release, if

staff Authority agreed with the police officer or a member of the time

shorter.



(4) if so requested by the officer or member who does not meet the prerequisites


for the performance of the functions referred to in section 3, paragraph 3. 1 and section 5 (3). 1 on the release of

service, ^ 5) ends on the expiry of two calendar service

months following the date of delivery of the request for release, if

staff Authority agreed with the police officer or a member of the time

shorter.



(5) if the officer or member may submit an affidavit of

the facts referred to in section 3, paragraph 3. 1 and section 5 (3). 1 (a). b) to (e)) and

in section 7, within 60 days from the effectiveness of this law, or if the affidavit

false, proceed in accordance with paragraph 1.



Common and final provisions



§ 10



If this law does not provide otherwise, applies to the conditions and modalities

issue of certificates and awards, their delivery and verification of the facts,

disclosure, confidentiality, sanctions and jurisdiction of the courts to review

the findings of the provisions of the Special Act. ^ 6)



section 10a



The provisions of this law shall not apply to citizens born after 1.

December 1971.



section 10b



The provisions of this Act, except section 2, section 3, paragraph 3. 1 (a). and), b), (f)),

h) and (i)) (a). 2, § 4 and 5, shall be applied for the determination of some of the other

the assumptions for the provision or the appointment of a business place in the Fire

Rescue Corps of the Czech Republic, the customs administration of the Czech Republic,

Security information service and the Office for foreign relations and information

by analogy with the fact that another prerequisite for the performance of functions is that the citizen in the

the period from 25. to 17 February 1948. November 1989 was not



and for provisions or appointment) on business instead of a

Security information service or the Office for foreign relations and

information



1. a member of the Corps of national security in the State

in the field of security with the focus, kontrarozvědným



2. the Chief of the Department of the function and higher in the State

safety,



3. in the Corps of national security in the function of Secretary of the main Committee

The Communist Party of Czechoslovakia or the Central Committee of the Communist

Party of Slovakia, a member of the Central Committee of the Communist Party

Czechoslovakia or the main Committee of the Communist Party of Slovakia,

a member of the celoútvarového Committee of the Communist Party of Czechoslovakia or

celoútvarového Committee of the Communist Party of Slovakia or national

The Corps of national security in the administration of politickovýchovnou,

Educational, cultural and promotional activities of the Federal Ministry of

the Interior,



(b) provisions or appointment) at the duty station of the staff

officials in the Fire Rescue Corps or the customs administration of the national

The Corps of national security in the State security.



section 10 c



(1) a precondition for the exercise of functions in the General inspection of the safety

Corps is a corps of citizen security or not

circumstances referred to in section 3, paragraph 3. 1 and § 5 (3). 1 (a). (c)), and (d)).



(2) the functions of the business means a place under a special law ^ 1a).



(3) for the assessment of compliance with the conditions for the exercise of functions in General

inspection of the security forces shall apply to section 6 to 8.



(4) the Director General of the inspection security forces belong to the permissions

under section 8, if the certificate relating to the national security

ward or citizen who has to perform this function in the General inspection

security forces. In the case of certificates relating to who has

perform the function of Director of the General inspection of security councils,

This permission belongs to the Prime Minister, or a designated member of the Government.



(5) if the Member does not meet the General safety inspection Corps

the preconditions for the exercise of the function, this is the reason for the termination of the

the service release. The staff official ^ 1a) shall decide on the

the release of a general inspection of the security forces

service within the time limit under section 9 (2). 1.



(6) the service shall expire 2 calendar months following

After the date of notification of the decision of release, if the business

official ^ 1a) Decides, on the basis of the application of a General

inspection of security forces about the time shorter.



§ 11



This law shall enter into force on 1 January 2005. July 1992.



Burešová, in r.



Pithart in r.



1) section 51 of the Act the CZECH NATIONAL COUNCIL No. 283/1991 Coll., on the police of the Czech Republic.



1A) Law No. 361/2003 Coll., on the service of members of

security forces.



2) of section 8, 11 and 13 of law No. 451/1991 Coll., laying down some of the more

the conditions for the performance of certain functions in State bodies and

organizations of the Czech and Slovak Federal Republic, the Czech Republic and

Of the Slovak Republic.



section 22, paragraph 3). 1 Act No. 451/1991 Coll.



§ 106, paragraph 4). 1 (a). c) of Act No. 186/1992 Coll., on the service

members of the Police of the Czech Republic.



section 105, paragraph 5). 1 of Act No. 186/1992 Coll.



6) Law No. 451/1991 Coll.

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