231/1991.



LAW



The Czech National Council



of 21 April 2004. May 1991



about the competence of the authorities of the Czech Republic in the extrajudicial rehabilitation



Change: 544/1991.



Change: 345/1992 Sb.



Change: 133/1993 Coll.



Change: 320/2002 Coll.



Change: 250/2008 Sb.



Change: 227/2009 Sb.



The Czech National Council agreed on this law:



PART I



Claims of civil, criminal and

administrative



§ 1



In matters of financial compensation, which was entitled under law No.

87/1991 Coll. on extra-judicial rehabilitation (hereinafter referred to as "the Act"),

the competent central authorities of the State administration of the Czech Republic (hereinafter referred to as

"the central competent authority"):



and the Ministry of Finance) in matters relating to refund the purchase price (article 11 of the law), in

matters of financial compensation in the area of civil-law relations (section 13, paragraph 3

and (4) of the Act), with the exception of the cases referred to in § 2 (2). 3 the second sentence of

law and in matters of financial compensation for the property which passed to the

the ownership of the State on the basis of the penalty of forfeiture of assets (section 16 (2)

the Act) and the penalty of confiscation, forfeiture or the prevents things (section 20

paragraph. 1 and 2 of the Act),



(b) Ministry of national administration) property and its privatization of the Czech

Republic in the cases where deprivation of ownership rights under the provisions of the

the nationalization of the years 1945 to 1948 took place during the relevant period, without

granted appropriate compensation (§ 2, paragraph 3, second sentence, of the Act),



(c)), the Ministry of Interior of the Czech Republic in the area of administrative relations (§ 16

paragraph. 3 and § 17 paragraph. 2 and § 18 paragraph. 2 of the Act).



§ 2



A written request for financial compensation must contain grounds

for the assessment of the lawfulness of the right claimed by the central competent

authority.



§ 3



(1) the application for the granting of financial compensation (hereinafter referred to as "the application")

withdrawal of the case in the manner referred to in section 6 (1). 1 (a). and) to (j)) and paragraph. 2, §

16. 2 and article 20 (2). 2 the law attaches a beneficiary certificate

The Office of the Government representation in property Affairs ^ 1) about the reason for the withdrawal

things.



(2) in the case of deprivation of ownership rights has occurred according to the rules of

nationalization, ^ 2) connects the person to request confirmation of the sectoral

Ministry of nationalization or nationalisation Bill this Ministry and

its range and about whom the case was withdrawn.



(3) the documents referred to in paragraphs 1 and 2 may be replaced by a statement from the land

a book or other document, if the reason for the withdrawal and the name of the person,

that case was withdrawn.



§ 4



(1) if the beneficiaries are persons rehabilitated pursuant to the law No.

119/1990 Coll., on the judicial rehabilitation, as amended, and in the

the case of the death or declaration of the dead, a person referred to in section 3 of the

paragraph. 2 Act, ^ 3) connects the person requests a decision of the Court of

^ 4) bearing the endorsement of legal power.



(2) in accordance with paragraph 1 shall be followed even if the application is

persons who qualify for compensation in accordance with § 27. 1 (a). (f))

Act No. 82/1969 Coll., on the judicial rehabilitation as amended

legislation as regards the real things, which they have not been returned.



§ 5



The application connects to the Office for confirmation of an authorized person representing the State

in matters of property ^ 1)



and the amount of the claim) financial institution secured by limiting the transfer of

real estate and settled according to special regulations, ^ 5) this amount is

be deducted from financial compensation,



(b)) of the amount of the purchase price or compensation, which was the original owner

paid. ^ 6)



§ 6



Authorized person according to § 3 (2). 2 of the Act the application attaches a document

certifying their relationship to the original owner. ^ 7)



section 7 of the



(1) it provides to financial compensation for the property, the beneficiary shall submit to the

a person or an expert opinion drawn up by the competent construction

authority on the price of real estate or the documents necessary for its evaluation.

The necessary costs associated with the acquisition of the expert shall be borne by the competent

the central authority.



(2) if the beneficiary requests for financial compensation under section 7 (2). 3, 4 and

5 of the Act, connects to the application whether or not the expression of the Building Authority, in whose

territorial jurisdiction the property is located, on its construction. This

You can replace the expert opinion.



§ 8



If you cannot produce evidence of time spent in forced labour camps, or in

the work of the Department (section 17, paragraph 2, of the Act) by decision of the administrative authority, and

other documents, these documents may be replaced by a certified honor

the declarations of at least two persons who are not persons close ^ 8) person

justified.



§ 9



Incomplete request returns the competent central authority of the beneficiary to

the Tween. Since the return to the time of delivery of the request, accompanied by a request

the period provided for by the law ^ 9) is not running.



§ 10



In consideration of the request of the competent central authority shall proceed mutatis mutandis

According to the Act No. 58/1969 Coll. on liability for damage caused by

by decision of the authority of the State or by its incorrect official procedure.



§ 11



(1) the central competent authority shall assess the validity of the claim and the claimed

financial compensation shall be paid in cash in the amount set out in a special

the code. ^ 10) where financial compensation is also in the issue of the securities

securities or compensation in this way only, ^ 11) without delay to the

refer to the further measures the Ministry of national property management and

his privatization of the Czech Republic; the referral shall inform the applicant.



(2) the financial compensation in securities shall issue to the holder of the

the Ministry of national property management and privatization of the Czech

of the Republic.



PART II



Claims of the labour relations and employment and of the relations

social security



§ 12



(1) a certificate of dissolution of the working relationship of the judges of the courts of the Czech Republic

issue at the request of the Ministry of Justice of the Czech Republic. ^ 12)



(2) the certificate of termination of the agency relationship of the staff members of the armed forces

the Ministry of Interior of the Czech Republic, the Czech Ministry of the Interior shall issue

of the Republic. ^ 13)



(3) the certificate of termination of the agency relationship of the staff members of the Corps of the remedial

education of the Czech Republic, whose business relationship has lapsed after 31 December 2006. December

1968, issue the Ministry of Justice of the Czech Republic. ^ 13)



section 13



(1) the invalidity of decision in matters of social security for artists

^ 14) shall be decided by the Ministry of labour and Social Affairs of the Czech Republic.



(2) the assessment of the person who, for the purposes of the Act deems the artist ^ 14)

belongs to the competence of the Ministry of culture of the Czech Republic.



PART III



Common and final provisions



§ 14



(1) the owner or the user of things (the "principal"), which is

the subject of the claimed entitlement to the grant of financial compensation, is required to

allow the persons carrying out the valuation of the inspection for the purposes of the valuation of things.



(2) for each violation of the obligations referred to in paragraph 1 deposited Regional Office

mandatory fine of up to 5000 Crowns.



(3) the imposition of a fine shall be decided in the administrative procedure ^ 15) Regional Office, in

the administrative headquarters of the district is the residence or principal.



(4) a fine may be imposed within one year from the date on which the infringement of the

the obligations referred to in paragraph 1, the Regional Office of the learned, but within three

years from the date on which the infringement occurred.



(5) Penalties are tv region.



§ 15



(1) the processing of applications are regional authorities, municipal authorities,

the courts, the State notary public, cadastral offices and archives to the competent

the central authority of the necessary synergies.



(2) the authorities referred to in paragraph 1 shall be required to carry out the required investigation

and submit to the writings of the time limit set in the request of the competent central

authority. If this deadline is not, are required to comply with the request,

within 30 days from the date of its delivery. If the request does not relate to their

scope, are obliged to refer the request to the competent authority

referred to in paragraph 1, or a request to return to the competent central

authority within five days from the date of its delivery.



(3) the certificate referred to in section 3, paragraph 3. 1 and section 5 of this Act, the authority shall issue to the

the Government representation in property Affairs ^ 1) within 30 days.



§ 15a



(1) the Ministry of the Interior or the police of the Czech Republic provides

The Ministry of finance for the purposes of the identification and validation of data on physical

the persons necessary for the assessment of the validity of claimed entitlement to the

the financial compensation referred to in section 1 of the



and data from Basic) reference population register,



(b)) the data from the agendového information system of the population register,



(c)) the data from the agendového information system for foreigners.



(2) Information Provided pursuant to paragraph 1 (b). and) are



and last name)



(b) the name or names),



(c) the address of the place of stay)



(d)) of the date, place and County of birth, in the case of the data subject, who was born in

abroad, the date, the place and the State where he was born,



(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory

The Czech Republic, the date of death, place and the State on whose territory the death

has occurred; If the decision of the Court on the declarations for the dead, the day

that is the decision given as the day of death or the day that the body

data declared dead survived, and the date of the entry into force of this

the decision,



(f) citizenship, where applicable) more state citizenship.



(3) Provided the information referred to in paragraph 1 (b). (b))



and, where applicable, names) the name, surname, maiden name, change



(b) the date of birth),



(c) the social security number),



d) citizenship, or more of State citizenship,



(e) the address of the place of residence), including previous address space

permanent residence,



(f)) the beginning of permanent residence or cancellation date data on the place of

permanent residence or the date of their permanent residence on the territory of the Czech

of the Republic,



g) marital status, date and place of marriage, the date of the acquisition of the legal

power of court decision on marriage annulment, the date of acquisition

the decision of the Court about the absence of a marriage, the date of demise

marriage, death of a spouse, or the date of the entry into force

the Court's decision on the Declaration of one of the spouses is dead and the day that

He was in the final court decision on the Declaration for the dead mentioned as

day of death, where appropriate, as the day on which the spouse declared dead

survivors, or the date of the entry into force of a court decision for divorce

the marriage,



(h)), the date and place of origin of a registered partnership (hereinafter referred to as

"the partnership"), the date of the entry into force of a court decision on the invalidity of the


or the existence of a partnership, the date the demise of the partnership with the death of one

of the partners, or the date of the entry into force of the decision of the Court on the declarations

one of the partners for the dead and the day that he was in the final decision

the Court on the declarations for the dead mentioned as the day of death, or as a

day, who declared the dead partner, or date of acquisition

the decision of the Court about the cancellation of the partnership,



I) date, place and County of death; in the case of the death of a citizen outside the territory of the Czech

Republic, the date, place and the State on whose territory the death occurred,



j) day, who was in the Court decision on the Declaration for the dead mentioned

as the day of death, where appropriate, as the day that the data subject is declared as

the dead survive.



(4) the information Provided under paragraph 1 (b). (c))



and, where applicable, names) the name, surname, maiden name, change



(b) the date of birth),



(c) the social security number),



(d)) instead, and the State where the alien was born; in the event that the alien

He was born on the territory of the Czech Republic, place and County of birth,



e) citizenship, or more of State citizenship,



(f)) and the address of the place of stay, type,



g) marital status, date and place of marriage, the date of the acquisition of the legal

power of court decision on marriage annulment, the date of acquisition

the decision of the Court about the absence of a marriage, the date of demise

marriage, death of a spouse, or the date of the entry into force

the Court's decision on the Declaration of one of the spouses is dead and the day that

He was in the final court decision on the Declaration for the dead mentioned as

day of death, where appropriate, as the day on which the spouse declared dead

survivors, or the date of the entry into force of a court decision for divorce

the marriage,



h) date and place of the formation of the partnership, the date of the entry into force

the Court's decision on the invalidity or the existence of a partnership, the date

the demise of the death of one of the partners of the partnership, or the date of the acquisition of the legal

the decision of the Court about the statement of one of the partners for the dead and the day

that was in the final court decision on the Declaration for the dead mentioned

as the day of death, where appropriate, as the day on which a partner declared dead

survivors, or the date of the entry into force of a court decision on cancellation

the partnership,



I) date, place and County of death; in the case of deaths outside the territory of the Czech

of the Republic, the State on whose territory the death occurred, or the date of death,



j) day, who was in the Court decision on the Declaration for the dead mentioned

as the day of death, where appropriate, as the day that the data subject is declared as

the dead survive.



(5) data that are kept as reference in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only if they are

in the shape of the previous status quo.



(6) the data provided can be used in a particular case only

such information, which are necessary to fulfil that task.



section 16 of the



(1) a person who was entitled to a refund of the purchase price, ^ 16) connects to the

request an agreement on the release of things, an extract from the register of real estate and contract

on the basis of acquired thing from the State.



(2) cancelled



(3) the purchase price paid by the State before the 1. June 1953, translated in

the ratio of 5:1. ^ 17)



§ 17



(1) if the State has paid for the program, the purchase price or a replacement thing, ^ 18)

the person to whom the case has been issued, shall be obliged to take the paid amount to 30

days from the date of the conclusion of the agreement, the Ministry of finance.



(2) a proposal for the registration agreement ^ 19) is the authorized person shall

submit to the notary public, the proof of payment the amount referred to in

paragraph 1 of this law, where applicable, that the agreement has been concluded on the

installments, or agreement on the deferment of maturity.



(3) the purchase price or compensation paid by the citizen before 1. June 1953,

translated in a ratio of 5:1. ^ 17)



(4) the purchase price or replacement referred to in paragraph 1, the income of the State

the budget of the Czech Republic.



section 18



(1) the right of the Czech Republic to release things ^ 20) argues against compulsory

the person of authority for Government representation in property Affairs. ^ 1)



(2) for the purposes of this Act, persons are compulsory means physical persons

referred to in section 4, paragraph 4. 2 of the Act.



§ 18a



With things issued by the Czech Republic shall be disposed of in accordance with special regulations.

^ 22)



section 18b



Proceeds from the sale of goods, which the Czech Republic has taken in its

ownership (section 18), the income of the State budget of the Czech Republic.



section 18 c



If the State deal, issued a claim for the money thing the Institute, ^ 23)

proceed according to section 17 of this Act.



section 18 d



The scope of the established regional office or municipal authority under this

the law, the exercise of delegated powers.



§ 19



This law shall enter into force on 1 January 2005. June 1991.



Burešová, in r.



Pithart in r.



1) Act No. 201/2002 Coll., on the Office of the Government representation in matters

property.



2) § 2 (2). 3 and § 6 (1). 1 (a). k) of the Act 87/1991 Coll. on

out-of-court rehabilitation.



section 19, paragraph 3). 1 of law No. 87/1991.



4) § 2 (2). 2 and § 14 paragraph. 1 to 3 of Act No. 119/1990 Coll., on judicial

rehabilitation, as amended.



5) section 10 (1). 2 of Act No. 87/1991.



6) section 10 (1). 4 of law No. 87/1991.



7) Eg. birth certificate or marriage certificate, death certificate, or a final

the decision, which the Court said the citizen dead, last will and Testament, the final

the decision of the State notary public issued in succession, etc.



8) section 116 of the civil code.



section 13, paragraph 9). 4 of law No. 87/1991.



10) Regulations of the Government of the Czech Republic no 233/1991 Coll., on the amount of the refund in the

cash to be provided under the law on out-of-court rehabilitation.



section 13, paragraph 11). 5 and 6 of Act No. 87/1991.



section 22, paragraph 12). 5 (a). (c)) of the Act 87/1991.



section 22, paragraph 13). 5 (a). (b)) of the Act 87/1991.



section 23, paragraph 14). 2 of Act No. 87/1991.



15) Act No. 71/1967 Coll., on administrative proceedings (administrative code).



15A) Act No. 133/2000 Coll., on registration of population and social security numbers and the

amendments to certain acts (the Act on the registration of inhabitants), as amended

regulations.



15B) section 1 of Act No. 133/2000 Coll.



15 c) Act No. 40/1993 Coll. on acquisition and dispose of citizenship

The Czech Republic, as amended.



16) section 11 of Act No. 87/1991 Coll. on extra-judicial rehabilitation.



17) Law No 41/1953 on monetary reform.



18) section 10 (1). 4 of law No. 87/1991.



§ 5, paragraph 19). 3 of Act No. 87/1991.



20) section 34 of Act No. 87/1991.



21) section 3 (3). 3 of the CZECH NATIONAL COUNCIL No. 367/1990 Coll., on municipalities. section 22(2). 2

(a). and the CZECH NATIONAL COUNCIL) of the Act No 418/1990 Coll., on the capital city of Prague.



22) Decree No. 61/1986 Coll., on the interim administration of national property.

Decree No. 119/1988 Coll., on management of national assets in the text of the

amended.



23) section 10 (1). 2 of Act No. 87/1991.