451/1991 Coll.
LAW
from day 4. October 1991,
establishing certain additional preconditions for the exercise of certain functions
in State bodies and organizations the Czech and Slovak Federal
Republic, the Czech Republic and the Slovak Republic
Change: NA03/1992
Change: 555/1992 Coll.
Change: 254/1995 Sb.
Change: 422/2000 Sb.
Change: 147/2001 Sb.
Change: 151/2002 Coll., 312/2002 Coll.
Change: 413/2005 Sb.
Change: 250/2014 Sb.
The Federal Assembly of the Czech and Slovak Federal Republic
committed to this Act:
§ 1
(1) this Act provides certain additional preconditions for the exercise of the functions
obsazovaných choice, appointment or help establish
and in the bodies of State Administration) the Czech and Slovak Federal Republic,
The Czech Republic and the Slovak Republic,
(b)) in the Czechoslovak army,
(c)) in federal security information services, the Federal Police
Ward, Ward Police Castle,
(d)) in the Office of President of the Czech and Slovak Federal Republic,
The Office of the Federal Assembly, the Office of the Czech National Council,
The Office of the Slovak National Council, the Office of the Government of the Czech and Slovak
The Federal Republic, the Office of the Government of the Czech Republic, the Office of the Government
The Slovak Republic, the Office of Constitutional Court of the Czech and Slovak
The Federal Republic, the Office of the Constitutional Court of the Czech Republic,
The Office of the Constitutional Court of the Slovak Republic, the Office of the Supreme
Court of the Czech and Slovak Federal Republic, the Office of the Supreme
Court of the United States, the Office of the Supreme Court of the Slovak Republic,
in the Member, Czechoslovak Academy of Sciences, and in the Bureau of the Slovak
the Academy of Sciences, and the Supreme Administrative Court,
(e)) in the Czechoslovak radio, Czech Radio, Slovak Radio,
Czechoslovak television, Czech tv, Slovak tv,
The Czechoslovak Press Office, the Czechoslovak Press Office
The Czech Republic and the Czechoslovak Press Office of the Slovak Republic,
(f)) in State-owned enterprises, government organizations, equity
companies where the majority shareholder is the State in enterprises
foreign trade, in the Czechoslovak State Railways, State Organization,
State funds in State banks and State Bank
the Czechoslovak,
(g)) in the offices of territorial self-governing units,
If further provides otherwise.
(2) the Functions pursuant to paragraph 1. and) means in the bodies of State
Czech Republic business space management introduced by the law on the
civil service jobs and executive employees who are
public officials pursuant to § 2 (2). 2 of the law on conflict of interest, and
the heads of the employees included in the National Security Office and in
The Supreme Audit Office and functions referred to in paragraph 1 (b). (b))
means in the armed forces of the Czech Republic and on the General staff of the army
The United States ^ 7) function with the rank of Colonel and General, planned and
the function of the military attaches.
(3) the Functions pursuant to § 1 (1). 1 (b). (f)) means the functions of the head of
organizations and managers in its direct management responsibilities and
business space introduced by the law on the civil service. On high
schools and public universities ^ 5), these features mean
also elected academic officials and approval functions
College Academic Senate and faculty. The functions referred to in paragraph 1
(a). (g)) means the functions of the head office and senior officials.
(4) this Act provides also some additional prerequisites for the exercise of functions
the judge, assessor, investigator, Prosecutor, public prosecutor's Office of the State
notary public, State of the arbitrator and for the persons performing the activities of the judicial
trainee, legal trainee public prosecutor's Office, the notary trainee and
referral line.
(5) this Act provides the conditions for reliability
operating some franchises. ^ 3)
§ 2
(1) a precondition for the exercise of the functions referred to in paragraph 1 is that the citizen in the period
from 25. 2.1948-17. 11.1989 has not been
and a member of the Corps of national security) entered in the State
safety,
(b)) registered in the materials of the State security as the resident agent,
the holder of a borrowed flat, the holder of the conspiracy of the apartment, the informant or
new associate of the State security,
(c)) (lost)
(d) the Secretary-General of the authority) 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
period from 1. 1. the 1968 to 1. 5, 1969,
e) professional apparatus organs referred to in subparagraph (d)) in the field of
the political management of the Corps of national security,
f) National Folk militias
(g)) a member of the Action Committee of the national front after 25. 2.1948, prověrkových
the Commission after 25. 2.1948 or prověrkových and standardisation the Commission after 21.
8.1968,
h) student at the high school of Felix Dzerzhinsky to the Council of Edmundoviče
of Ministers of the Soviet Socialist Republics for the members of the
The State security. High School of the Soviet Ministry of the Interior
Socialist Republics for members of the public security, Higher
the political School of the Ministry of the Union of Soviet Socialist Republics
an aspirant or participant or scientific courses longer than 3 months on
These schools.
(2) lost the efficacy
(3) lost the efficacy
§ 3
(1) a precondition for the exercise of functions under section 1 of the Federal Ministry of
of the Interior, federal security information services, in the Federal
the police corps and the Corps Castle police is that the citizen in the period from 25. 2.
1948-17. 11.1989 has not been
and a member of the Corps of national security) entered in the State
safety in the field with the focus, kontrarozvědným
(b)) included in the function of the Chief of the Department and later in the State
safety,
c) student at the high school of Felix Dzerzhinsky to the Council of Edmundoviče
of Ministers of the Soviet Socialist Republics for the members of the
The State security, the high school Ministry of Internal Affairs of Soviet
Socialist Republics for members of the public security, Higher
the political School of the Ministry of Internal Affairs of Soviet Socialist
the republics or scientific an aspirant or a participant in the courses longer than 3
of the month at these schools,
(d)) in the choir of national security in the function of Secretary of the main Committee
Communist Party of Czechoslovakia or the Central Committee of the Communist
party, Member of the Central Committee of the Communist Party
Czechoslovakia or the Central 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 a national
The Corps of national security in the administration of politickovýchovnou,
Educational, cultural and promotional activities of the Federal Ministry of
the Interior,
e) by a person referred to in section 2 (2). 1 (b). (b)) to (g)).
(2) lost the efficacy
§ 4
(1) the matters referred to in section 2 (2). 1 (b). a) and b) evidenced by a citizen
a certificate issued by the Federal Ministry of the Interior.
(2) lost the efficacy
(3) the matters referred to in section 2 (2). 1 (b). d) to (h)) is illustrated by the citizen
affidavit.
(4) the lost the efficacy
§ 5
Citizen who has to perform this function in the authority or organization referred to in §
1, presents the certificate, affidavit, or find the head
This authority or organization. The certificate is applied for the Federal
the Ministry of Interior of the citizen, unless stated otherwise.
§ 6
(1) instead of a private citizen who has to perform the duties referred to in § 1, or
citizen, that such a feature to the effective date of this Act is exercised,
asks the Federal Ministry of the Interior on the issue of the certificate,
a) in the case of the citizen, that is to function as a candidate, the authority to which this
It is for the option,
(b)) in the case of a private citizen who is to appoint, the authority of the
the appointment to this function, it is for the citizen,
c) in the case of a private citizen who is appointed to a function, the authority to which this
the election or appointment.
The head of the Department or organisation at the same time this citizen notifies you that it is
required to submit a certificate within 30 days of its delivery.
(2) an application for the issue of certificates instead of the citizen, that the effective date of
This Act shall exercise the functions referred to in paragraph 1 shall be sent to the
the Federal Ministry of the Interior within 30 days from the effective date
of this Act.
(3) the Federal Ministry of the Interior shall send certificates to citizens of the
refers to, not later than 60 days from the date of receipt of the request and at the same time
submission of this certification shall notify the person who asked about the issue of the certificate.
(4) If a citizen, that the effective date of this Act shall exercise
the function referred to in § 1, the certificate does not submit to the head of the institution or
Organization within 30 days after its receipt, it shall request the head of the authority or
Organization within seven days of the Federal Ministry of the Interior to send a copy of
the certificate.
§ 7
President of the Czech and Slovak Federal Republic, the Bureau
The Federal Assembly, the Presidium of the Czech National Council,
the Bureau of the Slovak National Council, the Government of the Czech and Slovak
The Federal Republic, the Government of the United Kingdom and the Government of the Slovak
the Attorney General of the Republic, the Czech and Slovak Federal
Of the Republic, the Attorney General of the United States and the Attorney General of
The Slovak Republic shall request the Federal Ministry of the Interior on the issue of
certificates of persons in connection with the performance of the functions of established
the appointment, for which this right belongs to them according to the specific
regulations. The Federal Ministry of the Interior is required to this request
to comply immediately with.
§ 8
(1) every citizen of 18 years of age has the right to ask the Federal
the Ministry of Interior on the issue of a certificate under section 2 (2). paragraph. 1 (b).
a), b) and (c)), or even of the award pursuant to section 13.
(2) an application for the issue of certificates must be fitted with a kolkovou sign in
the value of 200 Czech crowns and a notarized signature of the applicant.
§ 9
(1) a certificate issued by the Federal Ministry of the Interior and delivers them
the citizen into their own hands; This does not apply where the certificate is under section 7.
(2) if the basis for issue of the certificate held by another State
authority, the authority shall, at the request of the Federal Ministry of
of the Interior to provide this to the Ministry within seven days all supporting documents and
additional information required for issue of the certificate.
§ 10
Certificate, finding and the information described therein are not for the purposes of this Act,
and for the purposes of the management of classified information.
§ 11
lost the efficacy
§ 12
lost the efficacy
section 13 of the
lost the efficacy
§ 14
(1) does not meet the prerequisites for becoming a citizen referred to in § 2,
employment ends termination the organisations no later than 15 days
the date on which the Organization find out about it, unless it is the end of the
employment agreement or otherwise at an earlier date, or
in the absence of the inclusion of the citizen on a different function than the one referred to in section
1.
(2) the provisions of paragraph 1 shall apply by analogy to the termination of service
release, ^ 4) If a citizen does not fulfil the preconditions for the exercise of functions
referred to in § 3.
(3) where the citizen make rejected the affidavit of facts listed
in section 2 (2). 1 (b). d) to (h)), or if the affidavit is untrue,
proceed in accordance with paragraph 1 or 2.
§ 15
If the Prosecutor or public prosecutor's Office investigator for the performance of functions
assumptions set out in section 2, this is the reason for the termination of his
of the employment relationship.
section 16 of the
Under the conditions specified in § 14 para. 1 the competent authority a proposal for
the appeal judge or an observer of his function.
§ 17
On termination of employment pursuant to section 14 and 15 shall not apply the provisions of
the labour code of the Enterprise options give notice only with the prior
approval of the competent Trade Union body. ^ 5)
section 18
(1) lost the efficacy
(2) the invalidity of the termination of the employment or service relationship may citizen
filed with the Court no later than within two months from the date on which he
the work or service to an end. To control the competent regional
the Court in the place of residence of the citizen, and not as a Court of first instance.
§ 19
The publication of the facts stated in the certificate or in the award or
the publication of the certificate or the award itself, as well as the publication of the
any supporting documents in drawing them up, without the prior written
the consent of the citizen of the disabled.
section 20
The provisions of paragraphs 1 to 3 shall not apply to citizens born after 1. December
1971. After these citizens do not require a certificate or affidavit
pursuant to section 4 of this Act.
section 21
(1) the publishers of periodicals and broadcasters
television broadcasting, news stories and audiovisual
programmes on the basis of permission (license) can for themselves or
after prior written consent for the worker they employ, and
who is involved in the formation of thought content referred to the media
resources, to ask the Federal Ministry of the Interior on the issue of the certificate
or to the Commission on the issue of the award; the provisions of § 6 (1). 3, § 9 para. 1, § 10,
12, 13, 18 and section 20 of this Act applies to these cases apply mutatis mutandis.
(2) the Chairmen or leaders of political status on a par with
Parties, political movements and associations ^ 6) can for you or a member of the
the leadership of a political party, political movement or association may request after
the prior written consent of the Federal Ministry of the Interior of the
issue of the certificate or to the Commission established under section 11 to issue the award.
The provisions referred to in paragraph 1 shall apply mutatis mutandis to these relationships.
section 22
(1) if the law empowers the national councils of the ministry of the Interior and the ministry
of Justice of the Czech Republic and the Slovak Republic to the discovery
the facts referred to in § 2 (2). 1, the Federal Ministry of the Interior
and the Commission are required to meet their requests for issuance of the certificate or
the award.
(2) the termination of employment of the members of the prison service of the Czech
Republic and the Corps of prison service and judicial guard of the Slovak Republic and
Police officers placed on the police of the Czech Republic and the Police Corps
Of the Slovak Republic lays down the laws of national councils.
Article 23 of the
This Act shall take effect on the date of publication.
Havel. v.r.
v.z. Battěk v.r.
Vice-President of the FEDERATION of CZECHOSLOVAKIA
Čalfa v.r.
§ 9 para 1). 1 of Act No. 218/2002 Coll., on the service of civil servants in the
administrative offices and on the remuneration of such employees and other
employees in the administrative offices (business law).
2) Act No. 219/1999 Coll., on the armed forces of the United States, in the
amended by law no 352/2001 Sb.
3) section 27 para. 2 of Act No. 455/1991 Coll., on trades
(Trade Act), and annex 3 of this Act.
4) § 16 para. 1 (b). c) of Act No. 335/1991 Coll., on the prison service
Police officers in the Federal Police Corps and the Corps Castle
the police.
5) section 59 paragraph 1. 2-4 of the labour code.
6) Act No. 83/1990 Coll. on Association of citizens, as amended by Act No.
300/1990 Coll.
7) Act No. 219/1999 Coll., on the armed forces of the United States, in the
as amended.