On Extrajudicial Rehabilitation

Original Language Title: o mimosoudních rehabilitacích

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=39079&nr=87~2F1991~20Sb.&ft=txt

87/1991.



LAW



of 21 June 1999. February 1991



on extrajudicial rehabilitation



Change: 267/1992 Sb.



Change: 264/1992 Sb.



Change: 133/1993.



Change: 115/1994 Coll.



Change: 116/1994 Coll.



Change: 164/1994 Coll.



Change: 107/1995 Sb.



Modified: 2/1997.



Change: 133/1997.



Change: 78/1998 Coll.



Change: 153/1998 Coll.



Change: 57/1999 Coll.



Change: 351/1999 Coll.



Change: 357/2005 Sb.



Change: 89/2009 Sb.



The Federal Assembly of the Czech and Slovak Federal Republic in an effort to

mitigate the consequences of certain property and other injustices that have occurred in the

the period from 1948 to 1989,



aware that these wrongs by less then different injustice of the period

even more remote, including grievances on the German and Hungarian citizens

nationality, can never completely remedied,



However, it did confirm my willingness to similar inequities will never

avoid,



passed the following Act:



PART THE FIRST



The subject of the edit



§ 1



(1) the Act applies to the mitigation of certain property and

other grievances arising from the civil law and labour law acts and

administrative acts, made in the period from 25 February 1948 to 1 January 1990

(hereinafter referred to as the "qualifying period") is contrary to the principles of democratic

the company respects the rights of citizens, expressed in the Charter of the Organization of the

the United Nations, the Universal Declaration of human rights, and the successive

International Covenants on civil, political, economic,

social and cultural rights. ^ 1)



(2) the law also lays down the conditions applying to claims resulting from

cancelled the penalty of confiscation, forfeiture or

prevents things, as well as the method of compensation and the extent of these rights. ^ 2)



(3) this Act does not apply to alleviate the injustices that are the subject

adjustment of the special law. ^ 3)



(4) this Act does not apply to alleviate grievances, which arose

by taking over agricultural land used for agricultural production, including

related residential and farm buildings, forest soil and water

surfaces.



(5) this Act does not apply to cases when the assets were acquired in

the time of oppression the persons State or as a result of the impact of the racial

persecution.



PART TWO



The area of civil and administrative relations



§ 2



(1) the mitigation of property and other injustices caused by

civil actions, administrative acts or other acts of unlawful

procedures which have occurred during the relevant period, lies in the issue or in the

the granting of financial compensation or cancellation of certain administrative acts,

where appropriate, editing in the field of social security,



and)-If this is expressly provided for in the Act,



(b)), if they are based on the provisions of the legislation of that

the law repealed, or



(c)) if the result of political persecution or practice that violates the

the generally recognized human rights and freedoms.



(2) Political persecution for the purposes of this Act, the disability

people, which was founded



and) in direct connection with their democratically motivated political and

social and civil position, or



(b)) as a result of their belonging to a certain social, religious,

property or other group or layer.



(3) the procedure that violates generally accepted human rights and freedoms, for the

the purpose of this Act shall mean such conduct that is contrary to the

the principles set out in § 1 (1). 1 of the law. In the case of withdrawal of the

of title under the provisions of the nationalization of the years 1945 to 1948 there has been

during the relevant period, without appropriate compensation has been granted, there is a

to a person authorized under this Act, a claim that can be applied by

Special Act. ^ 4)



HEAD FIRST



Civil relations



§ 3



Authorised persons



(1) the beneficiary is a natural person whose case went into the ownership of the

State in the cases referred to in section 6 of the Act, if a citizen of

The Czech and Slovak Federal Republic.



(2) an authorised person is a natural person who satisfies the conditions

laid down in paragraph 1 and which, at the date of transition to the State Affairs in accordance with § 6

should be in accordance with Presidential Decree No. 5/1945 Coll., on

invalidity of certain property-legal proceedings from the time of oppression and about

the national management of assets of Germans, Hungarians, traitors and collaborators and

Some organizations and institutions, or by Act No. 128/1946 Coll.

invalidity of certain property-legal proceedings from the time of oppression and about

the Trustees of the nullity and other interventions in asset vzcházejících,

If the transfer or ownership through

invalid according to these special regulations because of the racial

persecution and the claim was not 25. in February 1948, satisfied, for the reasons

referred to in § 2 (2). 1 (b). (c)) of the Act.



(3) if at the date of transition to the State parties to the case referred to in

paragraph 2 more, is an authorised person to the whole thing any of them.



(4) If a person Died, the thing went into State ownership in the cases

referred to in section 6 or a person who, in the case referred to in paragraph 2 should

the claim referred to in paragraph 2, before the expiry of the period in which she could be entitled to

the release of things apply, or, if it was declared dead, where the date of

preceding the end of this period, are eligible if

they are citizens of the United States, natural persons in the following order:



and the heir of wills,) which was presented in succession, which

acquired the entire heritage,



(b)) heir of wills, which became part of the heritage, but only to the extent

corresponding to his share of the inheritance; This does not apply if the heirs in accordance with

the will only accrue to the individual case or the law; He was the heir of wills

appointed only to certain parts of the case, covered by the obligation of

release according to § 6, is only entitled to this matter,



(c) the spouse and children) of a person whose case went into State ownership in the

the cases referred to in paragraph 6, all equally; If the child died before

the expiry of the period referred to in § 5 para. 2, are on his site by authorized

persons of his descendants, and died when one of them, his children,



(d)), the parents of the person whose case went into State ownership in the cases

referred to in paragraph 6,



e) siblings of a person whose case went into State ownership in the cases

referred to in section 6, and died when one of them, are on his site

beneficiaries of his children.



(5) in the cases referred to in § 6 (1). 1 (b). (f) the authorized person)

referred to therein; the provisions of paragraph 2 (a). c) to (e)) shall apply mutatis mutandis.



§ 4



The obliged entity



(1) the obliged entities are the State or legal entities which, at the date

the effectiveness of this law, the possession, with the exception of



a) enterprises with foreign participation and trading companies,

whose shareholders or participants are solely by natural persons. This

However, the exception does not apply in the case of things acquired from legal persons 1.

October 1990,



(b)) of foreign countries.



(2) the obliged entities are also natural persons having acquired the thing from the State,

who won with her permission to dispose of under the circumstances specified in § 6

law, and in cases when these persons acquired either in conflict with

If the regulations or on the basis of an unlawful advantage for the person

the acquirer, even people close to these people, if they thing was

those persons transferred.



The release of things



§ 5



(1) the person shall issue a Mandatory thing on written request to the person entitled to

he proves his claim on the assets and the mode of its acceptance

by the State. With regard to the issue of movable property, if he proves too, where the thing is.

If the beneficiaries more and is entitled to the assets shall apply within the time limit

pursuant to paragraph 2 only some of them, the whole thing to them.



(2) a case prompts the person entitled to compulsory person within six months,

otherwise, its claim will expire.



(3) a mandatory person enters into an agreement with a qualified person for the issue of things and thing

It will issue no later than 30 days after the expiry of the period referred to in paragraph

2. If the subject of an agreement on the issue of real estate, the provisions of § 133 paragraph 2. 2

of the civil code.



(4) If a person fails to comply with a mandatory challenge under paragraph 2 may be authorised

a person may exercise their claims in court within a period of one year.



(5) if the thing released, persons whose claims within the time limit

referred to in paragraph 2 have not been met, these claims in court

in respect of persons to whom a case has been released.



(6) the notary fees from the design on the registration of the agreement referred to in paragraph 3 and

administrative fees associated with the issuance of real estate is furnished.



§ 6



(1) the obligation to issue the thing applies to those cases where the relevant

the period thing was transferred to the State



and) under section 453a BGB or § 287a Act No. 87/1950

Coll., as amended by Act No. 67/1952 Coll.



(b)) on the basis of the Declaration and Treaty on the assignment of receivables in case

eviction (the so-called renunciační statement),



(c)) in cases where a citizen visitors abroad thing left behind in the territory

Republic,



(d) the real estate donation agreement) concluded by the donor in distress,



(e)), carried out by management in a shortened form of auction to pay claims

State,



(f)) on the basis of a court decision, which has been declared invalid

contract for the transfer of assets, that citizen before going abroad transferred

thing to another, if the reason for the invalidity of the abandonment of the Republic. In


this case, however, the transferee is authorised in accordance with that

of the Treaty, even if this agreement entered into effect,



g) on the basis of the purchase contract concluded in need for negotiated

conditions,



h) based on the denial of heritage in succession, made in distress,



I) expropriation for compensation, if the thing exists, and never used

the purpose for which it was vyvlastněna,



j) expropriation, without payment of compensation,



the nationalisation of the performed in breach of) with the then applicable legal regulations.



(2) the obligation to issue a thing also applies to other cases than those mentioned in

paragraph 1, that fall under section 2 (2). 1 (b). (c)) of the Act, as well as on the

cases in which the State took over the case without a legal reason.



§ 7



(1) case, the beneficiary shall be issued in the State in which the authors at the date of

receipt of a written invitation to release things to the person required.



(2) if the obligor has negotiated before that date delivery contract

construction work, renovation or modernization issued by the

real estate, or other agreement relating to this property,

concludes with agreement about whether and to what extent the beneficiary takes over

the rights and obligations of this agreement.



(3) if the issued property against their State at the time of the withdrawal

devalued to the point that it cannot be used for the needs of housing,

production, trade or other services without immediate construction work, may

authorized person instead of the issue of real estate to require financial compensation

pursuant to section 13.



(4) in the case of real estate valued so that its price is determined at the date of

the submission of the written invitation by an authorized person substantially exceeds the cost of the original

case, it is the will of the persons concerned, whether it will request a refund

pursuant to section 13 or whether it will request the release of the property. If it will take

on the issue of the property, the beneficiary will replace the mandatory person difference

between the prices referred to in the previous sentence. Both prices shall be determined according to the

price regulations in force at the date of this Act.



(5) in accordance with paragraph 4 shall be applied even in cases where the matter became

an integral part of other things.



§ 8



(1) a major reconstruction of the buildings that have lost their original construction

the technical nature, shall not be issued.



(2) the obligor is required to issue the land on which it was placed

defunct construction, unless it is a case referred to in paragraph 3.



(3) the land on which the building is located, which was set up to

the takeover of the land by the State, shall not be issued.



(4) the Land on which it was established the right of personal use, is authorized

the person does not issue.



(5) in the cases referred to in paragraphs 1 to 4 shall belong to the person entitled

the financial compensation provided for in section 13 of the Act, if not her thing.



§ 9



(1) the obligor is required to with things until they release the legitimate

a person treated with due diligence; from the effective date of this

the law cannot do these things, their components and accessories, converted into

ownership or let another into use with the exception of agreements

submission and acceptance of the apartment, concluded on the basis of agreements on the exchange of the apartment.

Such acts are invalid.



(2) the right to compensation for damages, which required a person to cause the person

entitled breach of their obligations under paragraph 1, it shall remain

the provisions of § 10 of the law intact.



§ 10



(1) a mandatory person cannot apply to the beneficiary against any

financial or other claims related to the given things. Also

the authorized person that the case was issued against the person required

apply the other claims related to the issuance of things than are listed in the

This Act.



(2) if the property on the day churned through the takeover of State claims

financial institutions, secured by limiting the transfer of the property, settled

According to special regulations, the beneficiary shall reimburse the amount the State

the following deal.



(3) If in the case was at a standstill at the time of the release of the lien and the case

is required, the person required to deal or otherwise ensure commitment.



(4) if the State has paid to a referred case the purchase price or compensation, it is

the person to whom the case was issued, shall return the paid amount

the competent authority of the State administration. If so requested by the authorized person for financial

compensation for the unreleased thing, this amount shall be deducted from the refund.



§ 11



If the property by a person other than the State, that person shall be entitled to

refund of the purchase price that you paid when you buy things. This claim must

be filed with the competent central authority of the Government of the Republic.



§ 12



(1) the date of receipt of the property the beneficiary enters into the rights and

the obligations of the landlord, who has entered into an agreement to commit and the takeover of the apartment

or a contract on the lease of non-residential premises in the inherited property.



(2) the current users of the flats and non-residential premises in the issued

real estate that is used for



and) the activities of diplomatic and consular missions,



(b)) the provision of health and social services,



(c) the needs of education,)



(d) cultural facilities, traffic)



e) employment rehabilitation and employment of disabled people,

have a claim against the beneficiary, which was issued on

conclusion of the agreement on the use of flats and non-residential premises lease, which

governed by the provisions of the civil code, the law on tenancy and subletting

non-residential premises and related regulations. The authorized person may

terminate the contract soon after 10 years from the effective date

of this Act. This obligation is transferred to the beneficiaries, all other

the owners at that time.



(3) unless the amount of the rent and the conditions of its payment

the authorized person with the user of the apartment or commercial space referred to in

paragraph 2, shall decide on the amount of rent, the competent authority of the State administration

According to the generally applicable price laws.



(4) the user of an apartment or commercial space, which in accordance with the

building regulations has made adjustments to its governing apartment or

non-residential facilities assess, is entitled to reimbursement evaluation,

determined according to the applicable price laws, if the right of their

the use of the.



section 13 of the



(1) the financial compensation to eligible person provides only for the real estate,

It cannot be issued, or if so requested by the person for financial compensation

pursuant to § 7 para. 3, 4 and 5 of the Act.



(2) in the event that the entire assets of the citizen, which has not been

the property by the State on the basis of a court decision that was

or will the abolished pursuant to Act No. 119/1990 Coll., on the judicial rehabilitation,

as amended by law No 47/1991 Coll., on the basis of the decision, where appropriate, that

is repealed by this Act, the person entitled compensation in the

of 60 000 Czech Crowns, which shall be paid in the manner specified in paragraph 5.



(3) a written request for a refund must be submitted to the competent

the central body of State administration of the Republic not later than within one

year or within a period of one year from the date on which the legal authority came into

the judgment, which was rejected a proposal on the issue.



(4) the financial compensation lies in the payment of the cash most of 30

000 Czech crowns and in the issue of securities that do not have the nature of the State

the bond. The amount of financial compensation in cash the Government adjusts its

by regulation. The financial compensation referred to in paragraph 1 shall be adopted in accordance with the price

property valuation of provisions for the effective date of this Act.



(5) if the beneficiary is not the person referred to in section 3, paragraph 3. 1 or 2, shall be

the financial compensation a person authorized under section 3 (1). 4, and only in the

securities that do not have the nature of a government bond.



THE HEAD OF THE SECOND



Administrative relationships



§ 14



Authorised persons



(1) the beneficiaries are the persons referred to in section 3 of the Act, the thing

She moved into State ownership in the manner specified in section 16 of the Act.



(2) beneficiaries are also natural persons which was caused by

other grieving State administration bodies whose decisions are repealed by

the provisions of § 16, 17, 18, and on the basis of a protest lodged by the Prosecutor

in accordance with section 31.



§ 15



The obliged entity



Obliged entities are State or a legal person in accordance with § 4 para. 1 and

natural persons according to § 4, paragraph 4. 2, if you took the thing from the State that

He received permission to dispose of the thing under the circumstances specified in § 16 para. 1

law, and the central competent authorities of the State administration of the Republic (§ 16 and §

Article 17(1). 2 of the Act).



section 16 of the



(1) decisions, which was saved by the Act No. 88/1950.

the penalty of forfeiture of the property.



(2) If a part of the assets of the estate, it shall proceed according to the provisions of

the previous sections of this Act. If the part of the assets of the real estate,

proceed in accordance with § 13 para. 2.



(3) compensation for the binding, and the imprisonment of more than three

the Moon is within the scope and under the conditions laid down in article 23 of Act No. 119/1990

Coll., as amended by Act No. 47/1991 Coll., shall provide the competent

the central authority of State administration of the Republic.



§ 17



(1) decisions about inclusion in the camp of forced labour made

pursuant to Act No. 247/1948 Coll., on forced labour camps, and inclusion in the

the work of the Department made under regulation of the Slovak National Council.

7/1948 Coll. SNR, on the establishment of working bodies, unless the previous

the punishment clearly showed that it was a person persistently committing

crime.




(2) the central competent authority of the State administration of the Republic is obliged to

provide monetary compensation for the time spent in the camp of forced labour

or in the service to the extent and under the conditions laid down in article 23 of the

Act No. 119/1990 Coll., as amended by Act No. 47/1991.



section 18



(1) the orders which they have been citizens of the indications for the politically

unreliable enrolled between 1948 and 1954 to military camps

forced labour for a period of military service, and exceptional

military exercise under section 39 of Act No. 92/1949 Coll. on military law. For

military camps of forced labour for the purposes of this Act, shall be deemed to

battalions of troops set up road ženijního from 2. 8.1948 to 1. 9. the 1950s and

auxiliary technical battalions and military mine sections whose members

the work of mining were drafted from 25. February 1948 to 1. September 1950 and

they worked in the mines for at least 12 months without the prescribed periodic

the rotations. Members of the military were mine sections referred to in the sentence

the other shall be considered as a person authorized pursuant to § 14 para. 2, even if they were not

the military mine sections included on the basis of orders.



(2) Policy and the priests in centralized monasteries with internovaným

a similar regime of forced labour camps were entitled to compensation for

for such internment to the extent provided in § 17 paragraph 2. 2 of the Act.



(3) decisions in which pupils and students were excluded from the

study on schools providing secondary or higher education and to

colleges, if it happened as a result of political persecution

or practice in violation of the generally recognized human rights and freedoms.

Study of rehabilitation shall be governed by the guidance of the competent branch of the Minister.



PART THREE



The area of the criminal law relations



§ 19



Authorised persons



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

119/1990 Coll., fulfil the conditions set out in § 3 (1). 1 or 2 of the Act,

and in the event of the death or declaration of death of the person referred to in § 3

paragraph. 4 of the Act.



(2) the claims referred to in paragraph 1, as well as persons who qualify for

compensation in accordance with § 27 para. 1 (b). (f)) of law No 82/1968 Coll., on judicial

rehabilitation, with regard to the immovable property, which they have not been returned.



section 20



(1) the obliged entities are legal persons according to § 4, paragraph 4. 1 of the Act,

natural persons according to § 4, paragraph 4. 2 of the Act, if the thing took from the State,

that to her permissions by a court decision, and the central competent

authority of the Government of the Republic.



(2) a person shall be obliged to issue the Required stuff under the provisions of § 5, 7 to 12

the law; If this is not possible, authorized persons have right to apply for a grant

a refund pursuant to section 13 of the Act.



(3) in cases of the application of the right to property resulting from the

the cancellation of the operative part of the penalty of confiscation, forfeiture or

prevents things where the decision on the abolition of the judicial power

After the effectiveness of the act begins on the date the time limit to claim,

When the verdict becomes final.



PART FOUR



The area of labour relations and social security relations



section 21



(1) for invalid for the purposes of this Act, shall be considered a legal act by which the

occurred in the period to the end of the employment or service relationship

or the Member relative to a cooperative (hereinafter referred to as "a working relationship") due to the

political persecution or procedure that violates generally accepted human

rights and freedoms (§ 2 para. 2 and 3), in particular



and if his) is the reason in criminal convictions (felony, misdemeanor,

misdemeanor) If a judicial decision has been repealed by section

the second and third Act No. 119/1990 Coll., on the judicial rehabilitation, in

amended by Act No. 47/1991 Coll., and the prosecution was stopped or

the accused was acquitted in their entirety;



(b)) if made under legal measures of the Bureau of the Federal

Assembly no 99/1969 Coll., on certain transitional measures required

to consolidate and protect public order;



(c)) was given a notice of termination pursuant to § 46 para. 1 of the Labour Code No. 65/1965

Coll., as amended by Act No. 153/1969 Coll., therefore, that the worker has disrupted his

the activities of Socialist social order and therefore had confidence needed to

the holding of an existing function or their work place;



(d)) if the employment relationship is terminated immediately pursuant to § 53 para. 1 (b). (c))

the Labour Code No. 65/1965 Coll., as amended by Act No. 153/1969 Coll.;



(e)) the agreement on termination of employment if the worker concluded

under pressure from political persecution or practice that violates the General

recognized human rights and freedoms.



(2) judicial decisions were rejected suggestions or

approved settlements in matters determine the invalidity of the termination of employment

in the cases referred to in paragraph 1.



section 22



(1) at the request of the working relationship ended for reasons mentioned in section

21, shall issue to him a certificate of organization, which has been in a working relationship,

or its legal successor, and if there is not a successor to, the central authority, to

whose authority should, where appropriate, the activities of the Organization at the time of

applications due: (hereinafter referred to as "the Organization"). If the person is dead, whose work

the ratio thus ended, may submit the request to his spouse or children.



(2) the request referred to in paragraph 1 may be lodged within six months from the effective date

of this Act.



(3) if the Organization has the certificate within three months from the date on which the request

received, the person referred to in paragraph 1 must be lodged within two years from the date of

the effectiveness of this law, the Court to determine that the reason for the termination of the

the working relationship, were the circumstances referred to in section 21.



(4) A certificate referred to in paragraph 1 shall be treated as a certificate or other

a document issued by the organization prior to the effective date of this Act, as well as

the Court decision, if one of them shows that employment was terminated from

the reasons mentioned in section 21.



(5) that the working relationship ended for reasons mentioned in section 21, shall issue to the

the certificate on the request (paragraphs 1 and 2)



and occupational troops) at the Ministry of defence;



(b)) for members of the armed forces or the Ministry of the Interior

the central authority of State administration;



(c)) for Chair of judges of the Supreme Court or the competent central authority of the

the State administration;



(d)) the Minister of Justice for prosecutors;



(e)) in the relevant lawyers Bar Association.

The provisions of paragraph 3 shall apply mutatis mutandis.



(6) the annulment of a legal act under section 21 is not reproduced in case of work

relationship and shall not give rise to reimbursement of wages, compensation or other

transactions relating to the duration of the employment relationship.



(7) if the person so requests, the working relationship ended for reasons mentioned in section

21 within six months from the effective date of this Act, to the Organization,

that was a participant in the working relationship, again, is this

the organization is obliged to employ him on the place corresponding to the contract

valid at the time of termination of employment, if it meets the prerequisites and

the requirements for the performance of such a work, and the Organization has the ability to employ him.



Article 23 of the



(1) is invalid the decision establishing the authority competent to carry out

social security of the artists decided for the reasons stated in § 2 paragraph 1. 2

and (3) of the Act



and the end of the participation) of the social security for artists,



(b)) that the social security of the artist does not arise.



(2) the invalidity of the decision referred to in paragraph 1 shall act on a proposal from the

the competent central authority of the State administration of the Republic; the assessment of the person who

in these cases, considered to be the artist, belongs to the scope of the

the competent central authority of the State administration of the Republic.



section 24



(1) If termination of employment pursuant to section 21 of the act invalid, or

If in any proceedings under section 22 of the Act specified an invalid legal act, on the

which ended up working relationship, shall be deemed for the purposes of the pension

the time from the end of the security of this working relationship, to the date of

entitlement to old-age, disability or partial disability pension, not more than

However, the effective date of this Act, for the period of employment.



(2) if the decision of the competent authority, pursuant to section 23 of the act invalid,

shall be deemed for the purposes of the pension period from the date the legal force

This decision to the date of entitlement to old-age, invalidity or

partial disability pension, up to 30. April 1990, for the period

employment.



(3) if the employment was for the purposes of pension benefits

posted in i. (II.) the employment category, ended the reasons referred to in

section 21 of the Act or on the basis of an invalid legal act pursuant to section 22 of the

the law, the period of employment referred to in paragraph 1 (I) (II).

work category, but not to the extent necessary for entitlement

pension rights and (II) the working category. However, the function categories

assessed in accordance with paragraph 1.



(4) in order to alleviate the injustices caused by the persons mentioned in § 18 para. 1

the pension provides an extra fee 15.0-Czech Crowns per month for this service.

The supplement to the pension shall be paid only to the amount, which, along with retirement

does not exceed the maximum provided for by specific provisions of the pension assessment ^ 4a).

For the supplement to the pension shall apply mutatis mutandis to section 58a of Act No. 100/1988 Coll., on

social security, as amended by Act No. 309/1991 Coll.



(5) in order to alleviate the injustices caused by the exclusion from the study of students


Colleges of their higher education studies assessed for the purposes of

pension scheme so that the year of studies including years prescribed

for the completion of this degree, that it was not possible for reasons of exclusion

pass counts as two years of employment.



(6) the average monthly earnings for the calculation of the pensions of the citizens, who are

assess the period of employment referred to in paragraph 1 or 2, figuring out the actual

achieved earnings in the last calendar year before the end of

employment increased by an increase in the wage in the national economy for the period

before the creation of entitlement to a pension. Method to increase the actual

earnings down government regulation. If it is more advantageous for the citizen

to determine the average monthly earnings for the calculation of pensions from výdělkově

the best selected from the calendar year of the vesting period, which makes the

five consecutive calendar years before the year in which the end

employment; the increase in average monthly earnings established with

performs in a similar manner as in the first sentence. When you select this

výdělkově best of the calendar year shall be applied, mutatis mutandis, when the

detection of average monthly earnings according to the rules in force at the date of

December 31, 1995.



§ 25



Calculation of the pension, or adjustment of the amount determined under section 24 of the Act shall be made only

then, if this is more favourable than for the citizen, according to the General regulations of the

pension scheme or pursuant to section 25 of Act No. 119/1990 Coll., on

amended by Act No. 47/1991.



section 26



Pensions awarded before the effective date of this Act, shall be adjusted in accordance with §

24 of the Act on the request; pension is converted according to those provisions,

According to which it was granted.



section 27 of the



The amount of the pension under the previous provisions shall be adjusted from the first installment

the pension payable after the effective date of this Act.



section 28



According to § 24 to 27 of the Act is also progressing in the calculation of the amount of the adjustment or

pensions, widows ' and orphans ', 're talking widow.



section 29



(1) the citizens who were enrolled in the camp forced labour or

the work of the Department, that decision shall be deleted pursuant to § 17 of the Act, and

their functions and the priests internovaným in centralizačních monasteries with the regime

similar camps of forced labour (article 18, paragraph 2, of the Act) shall be granted

the claims referred to in section 25 of Act No. 119/1990 Coll. as amended by Act No.

47/1991.



(2) the provisions of paragraph 1 shall apply only in the case of citizens,



and was executed) death penalty,



(b)) who died in forced-labour camp, or in the work of the Department



(c)) who were enrolled in the camp of forced labour or centralizačních

monasteries with a similar regime of forced labour camps or in the

the Department for at least 12 months.



(3) the Federal Ministry of defence shall compensate pursuant to Decree No 32/1965

Coll. on compensation for the pain and make it more difficult for social application, as

amended, at the request of the injured party, the damage to the health of citizens

referred to in § 18 para. 1, which occurred in connection with the performance of

service in the military camps of forced labour.



(4) if in connection with the performance of imprisonment under section 16

or work in a forced labour camp, or in the work of the Department

under section 17, or with the performance of service in the military camp of forced labour

According to § 18 para. 1 the death of a citizen, a wife, children and

If not, the parents of the victim, the one-time compensation of EUR 100

000.0-Czech Crowns in cash.



section 30



If there is an invalid terminate the soldiers of the occupation, or

members of the armed forces, the demands for social benefits

under the laws of business conditions of these people, as if

have been released from the reorganisation reasons. For the amount of such benefits shall

value to the period of service and physically carried out achieved earnings (the basis for the

calculation of dose). Details in the scope of its competence the Federal

the Ministry of defence, the Federal Ministry of the Interior and the central competent

Government authorities of the republics.



PART FIVE



Common and final provisions



section 31



Against the decisions, measures and other acts of the State administration, which have been

issued in the relevant period, in violation of the laws and other legal

legislation and which were directed to political persecution or to benefit from the

for political reasons, the Prosecutor may submit a protest ^ 7) until 31 December 2006. December

1993.



§ 32



cancelled



§ 33



cancelled



§ 34



If the authorized person is not or does not apply if none of the beneficiaries

entitlement to the assets within the period specified in § 5 para. 2, it becomes

beneficiary State which exercises this right not later than 18

months from the effective date of this Act. How to claim

the State provides special regulation by the competent authority.



§ 35



This Act shall take effect on 1 January 2000. April 1991.



Havel v.r.



DUBČEK v.r.



Čalfa v.r.



Selected provisions of the novel



Article II of law No 264/1992 Sb.



1. A supplement to the income. I, point 4 shall be granted at the request of first

from payments of the pension payable after 31 December 2006. March 1991; doing so does not apply

the provisions of § 24 para. 4 of law No. 87/1991 Coll. on double reviews

of the times. The supplement to the income belongs to the time and place of the double reviews

Yet the amounts paid, the pension shall be recognised.



2. the request for compensation under art. I, point 5 can be applied to 31.12.2000.



Article IV of Act No. 114/1994 Coll.



1. the claim for financial compensation under Act No. 87/1991 Coll. on

extrajudicial rehabilitation, put forward the effective date of this Act,

within the time limit under § 13 para. 3 and unsatisfied, within six months from the date of

receipt of the request, is due within three years from the effective date of this

the law. This does not apply to the right to financial compensation, which was to

the effectiveness of this law brought before the Court.



2. at the request of the financial compensation according to § 13 para. 3 of Act No. 87/1991

Coll. on extra-judicial rehabilitation, administered after the effectiveness of this law,

the competent central authority of the State administration of financial compensation

no later than one year from the date of receipt of the request.



Article II of Act No. 116/1994 Coll.



1. Claims based on article 4(1) of this Act. I can apply the beneficiaries

within six months from the effectiveness of this law, whereby the time limit of 30 days

referred to in § 5 para. 3 shall run from the date of application of the proposal.



2. the Thing cannot be issued if the 1. October 1991, acquired the property of other

persons other than the State, or if it was approved on such things, the privatization

project or decision on its privatisation.



3. the time limit of one year to exercise the rights in the courts referred to in § 5 para. 4

and 5 of the Act for the cases referred to in point 1 shall start to run from the effective date

of this Act.



4. the time limit of one year pursuant to § 13 para. 3 of the Act to claim the

compensation to the person authorized pursuant to article. And this Act shall

to run from the effective date of this Act. This does not affect the time limit of one

of the year to claim the refund by a person authorised under art.

(I) this Act, from the date of the judgment, which was refused a proposal from the

on the issue of the matter.



1) Decree of the Minister of Foreign Affairs No. 120/1976 Coll., on the international

Covenant on Civil and political rights and the International Covenant on

economic, social and cultural rights.



2) § 23 para. 2 Act No. 119/1990 Coll., on the judicial rehabilitation as amended by

Act No. 47/1991 Coll., Act No. 84/1968 Coll., as amended by Act No. 70/1970

SB.



3) Eg. Act No. 300/1990 Coll., on regulation of certain property relationships

monastic orders and congregations and the Archbishopric of Olomouc, law No.

403/1990 Coll. on the mitigation of certain property injustices, as amended by

Act No. 458/1990 Coll.



4) Act No. 92/1991 Coll., on the transfer of State property to other persons.



4A) § 24 para. 4 Act No. 100/1988 Coll., on social security.



7) section 15 of Act No. 60/1965 Coll., on the public prosecutor's Office, as amended

regulations.