The Determination Of Some Of The Assumptions For Performance Of The Functions Of Organs In St.

Original Language Title: stanovení některých předpokladů pro výkon funkcí ve st. orgánech

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=39493&nr=451~2F1991~20Sb.&ft=txt

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.