About The Participants Of Resistance And Struggle Against Communism

Original Language Title: About Participants Of Resistance And Struggle Against Communism

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=74815&nr=262~2F2011~20Sb.&ft=txt

262/2011 Sb.



LAW



of 20 December. July 2011



about participating in the resistance and resistance against communism



Change: 250/2014 Sb.



The PREAMBLE to the



The Parliament of the Czech Republic,



being guided by the will to express respect and gratitude to the women and men who, in the period

the Communist totalitarian power with their own lives, personal

liberty and property values actively defended freedom and democracy,



being determined to permanently commemorate the ideals of patriotism, honor, bravery, and

sacrifice of generations



expresses the deep regret for the innocent victims of communist terror

mode



and on the basis of the principles embodied in the law on the illegality of the

the Communist regime and on resistance against it,



has passed on this Act of the Czech Republic:



PART THE FIRST



THE PARTICIPANTS IN THE RESISTANCE AND RESISTANCE AGAINST COMMUNISM



§ 1



The subject of the law



This law defines the resistance and resistance against communism, lays down the conditions

for issue of the certificate of the participant of the resistance and resistance against communism,

regulates rehabilitation and also provides some of the tasks of the Ministry of Defense

(hereinafter referred to as "the Ministry").



§ 2



Definition of terms



For the purposes of this Act, means the



the time of oppression and section of the Czechoslovak) history from 25. to 17 February 1948.

November 1989,



(b)) the resistance and resistance against communism, participation in events against drugs

the Communist regime in Czechoslovakia demonstrated whether individually or

in the Group on the basis of political, religious, or moral

the democratic beliefs or public expression of such knowingly and

resistance, on the territory of the State and abroad, even in conjunction with a foreign

democratic powers, one of the forms referred to in section 3, with the aim of

delete, disable or significantly disrupt or otherwise damaged

the Communist totalitarian power in Czechoslovakia and to restore freedom and

democracy,



(c)), the person who was a citizen at the time of the freedom of citizenship

The Czechoslovak Socialist Republic or of its legal predecessors

(hereinafter referred to as "the Czechoslovak citizenship"), and even the person who

It was the Czechoslovak citizenship by decision of the public authorities in the

the time of oppression.



§ 3



Forms of resistance and resistance against communism



(1) a form of resistance and resistance against Communism means armed or

another comparable fighting against the Communist-led regime in

Czechoslovakia, the implementation of the sabotage, cooperation with foreign

intelligence of the democratic State, smuggling or

the crossing of the State border in order to participate in the resistance and resistance against the

Communism (agents-walkers). A form of resistance and opposition to communism

also be considered comparable with that of other brave acts or valiant

public attitudes to support armed action against drugs

the Communist regime in Czechoslovakia.



(2) in the form of resistance and resistance against Communism means systematic or

long-term or otherwise significant activity consisting in the



and the authorship of the petitions or similar) materials or public comments

aimed, directly or indirectly for the restoration of freedom, democracy, or on the

the weakening of the Communist regime or securing their printing or

the expansion,



(b)) the Organization of public performances against the Communist regime,

developing political, current affairs or other proven

the anti-communist activities directly or indirectly on the recovery

freedom, democracy or the weakening of the Communist regime, or



(c) developing political, current affairs) or other proven

the anti-communist activities abroad aimed directly or indirectly at the

reconstruction of freedom, democracy or the weakening of the Communist regime.



(3) in the form of resistance and resistance against Communism means whether or not active

organization or group, whose members fought against the

the Communist regime in ways set out in this provision.



(4) in the form of resistance and resistance against Communism means whether or not such a public

political and social attitudes held actively and voluntarily,

which prevented the onset and maintenance of Communist totalitarian power, if it was

for them their Nobel imprisoned, interned or otherwise limited to personal

freedom or forcibly evicted from their places of residence, or otherwise

Similarly, seriously affected.



(5) For the resistance and resistance against communism, also considers the importance of the activities

comparable to forms of resistance and resistance against communism referred to in

the previous paragraphs to be executed before the time of oppression, if its

the aim was to prevent the establishment of the Communist regime and the preservation of freedom

and democracy in Czechoslovakia, if this goal could not be achieved

otherwise, and was associated with a similar risk.



§ 4



Obstacles to the granting of the status of participant of the resistance and resistance against communism



(1) A participant in the resistance and resistance against Communism is not a citizen,

that at the time of oppression



and he was a member or employee) security forces, "^ 1"), with

the exception of the base or the replacement of military service,



(b)) was recorded in the materials the safety components such as their

Associate or secret collaborator or was a member of the auxiliary

guards public safety, border guards or Assistant

informant news apparatus of the Communist Party of Czechoslovakia

or otherwise similarly cooperated with the security forces or

The Communist Party of Czechoslovakia,



(c)) was a member of or candidate of the Communist Party of Czechoslovakia or

The Communist Party of Slovakia,



(d)) was a member of a militia,



(e)) was 21. August 1968 individual Member of the Union

Czechoslovakia-Soviet friendship, with the exception of those who

membership in the Union of Czechoslovak-Soviet friendship shortly after 21.

finished, August 1968



(f)) was a member of the Action Committee of the national front after 25. in February 1948,

prověrkových by the Commission after 25. in February 1948, or prověrkových, and

the standards Commission after 21. August 1968,



(g)) was a student or a graduate of the universities of the political,

security or military training or similar guidelines in the

the States that were party to the Warsaw Pact) ^ 2, or

scientific aspirantem or a participant in the courses longer than 3 months on

of these schools,



(h)) was a member of, or collaborator of the intelligence service of a foreign

State at the time, when in this State, ruled by a Communist or a Communist

mode like mode, or



I) otherwise voluntarily, knowingly and actively participated in a significant way on the

building, developing and strengthening the Communist totalitarian power in

Czechoslovakia.



(2) to the obstacle referred to in paragraph 1 shall be taken into account if the citizen to

folders and organisations listed here posted or become their Member for

the purpose of the struggle against the Communist regime.



(3) the Citizens referred to in paragraph 1 shall be granted the status of a participant of the resistance

and resistance against communism, if his participation in the rebellion and resistance against the

Communism in its intensity, scope or length clearly exceeded its

participation in the building, development and consolidation of the Communist totalitarian power.

The position of the participant in the resistance and resistance against communism admits also

citizens referred to in paragraph 1, with the deployment of his own life

done in the framework of the resistance and resistance against communism an exceptionally meritorious act.



(4) A participant in the resistance and resistance against Communism is not a citizen,

whose participation in the resistance and resistance against communism was waged by

actual experience or who are guilty of this work

zavrženíhodného the negotiations leading to the denial of the values of freedom and

democracy and particularly the negotiations leading to the denial of zavrženíhodného

individual basic human rights and this is in the framework of the

no action against the Communist regime in Czechoslovakia was

can be avoided. For the resistance and resistance against Communism is on

is not considered a citizen whose actions were conducted to establish the motivation mode

that would pošlapával the values of freedom and democracy as

the Communist regime.



§ 5



The status of war veteran



The status of war veteran under the law on war veterans with

participant shall grant the resistance and opposition to communism, which is a

a citizen of the Czech Republic and made the resistance and resistance against communism

the form referred to in section 3, paragraph 3. 1.



§ 6



Certificate



(1) the certificate of the participant of the resistance and resistance against communism issues

the Ministry on the basis of the request of the citizen. The application must, in addition to the General

requirements for filing contain documents showing that the conditions for

the issue of this certificate, and if the applicant has, also the document of

Czechoslovak citizenship or proof of withdrawal.



(2) if the person entitled to make a request referred to in paragraph 1 or died

She was declared dead, the issue of the certificate of the participant of the resistance and

resistance against communism to ask her husband, parent, child, other relative

in a series of direct or sibling, or civil associations or other

the legal person whose business is the exploration of history,

archival science, education, training or protection of human rights, or

the civic association bringing together participants in the resistance against Nazism or resistance

and resistance against Communism or former political prisoners. This request must

In addition to the particulars referred to in paragraph 1 relating to the applicant and the

any person for whom the issue of the certificate requests contain, if you request
serves husband, parent, child, other relative in the ascending line or a sibling,

information about the relationship of the applicant to the person for whom the certificate is sought, and

always date and place of death of the person.



(3) the application submitted in accordance with paragraph 1 or 2, the Ministry must affix the

expert opinion archive folders, or even the Constitution

for the study of totalitarian regimes and other scientific institutions. If they are

conditions for issue of the certificate of the participant of the resistance and resistance against the

the Ministry shall issue the certificate of communism, participant in the resistance and resistance against the

Communism. If these conditions are not met, the Ministry will issue a

the decision that this certificate is issued. If the one who has to be

According to the sentence of the second issue of a certificate of the participant of the resistance and resistance against the

Communism, meets the conditions referred to in section 5, he will be in this certificate

granted also the status of war veteran; the one who is granted

the status of war veteran, enjoys the rights due under the Act on the

war veterans war veterans, and they belong to a certain

According to the law on rights of war veterans and spouses or companions

war veterans, have these rights and the husband or the kind of person that

the status of war veteran has been granted under this Act.



(4) If a request referred to in paragraph 2, after the Ministry had already

published by the certificate of the participant of the resistance and resistance against communism on the basis of the

the other application referred to in paragraph 1 or 2, relating to the same person,

the Ministry of the request and send a copy to the applicant shall postpone the certification.



(5) the certificate of the participant of the resistance and resistance against communism contains a name,

where appropriate, the name, last name, or title, the date and place of birth,

the information on the form or forms and a description of the acts of resistance and resistance against the

Communism and stamp, date and signature of the authorised official persons;

If it has been granted the status of war veteran in accordance with this

by law, includes a certificate of the participant of the resistance and resistance against communism

also this information.



(6) if found that conditions have not been met for issuance of the certificate

participant in the resistance and resistance against communism, the Department shall issue a decision

the withdrawal of the certificate and shall inform the Czech administration of social

Security.



(7) the Living participant of resistance and opposition to communism, which is

a citizen of the Czech Republic, the Ministry within 30 days from the date of

issue of the certificate of the participant of the resistance and resistance against communism, it pays

a one-time cash contribution of $ 100 000; This one-time

a financial contribution is not subject to tax on the income of natural persons.

If a participant dies of resistance and opposition to communism, which is a

a citizen of the Czech Republic, after the date of issue of the certificate of the participant of the resistance and

resistance against Communism or to cease after that date, citizenship

The Czech Republic, with a one-time cash contribution was not yet in the

accordance with the first sentence shall be paid, the right of the participant to the resistance and resistance against the

Communism to this one-time cash contribution shall cease, and that will not be

already paid. The person who was the husband of a participant of the resistance and the resistance of the

against communism, which has already died or was declared dead and

which has not been paid a one-time cash contribution referred to in the first sentence,

at least part of the time, when made the resistance and resistance against communism,

in respect of which the certificate was issued him a participant in the resistance and resistance against the

Communism, the Ministry, at the request of that person shall be paid within 30 days

from the date of the filing of its application, a one-time cash contribution of 50

USD; This one-off cash allowance is not subject to tax

the income of natural persons. A one-time cash contribution to a person referred to in

the third sentence is not worthwhile, if committed by a person against the husband, who

He was a participant in the resistance and resistance against communism, zavrženíhodného

the negotiations, in particular by cooperating with the security forces. If a person dies

in accordance with the third sentence after the date on which the request referred to in the third sentence, and

a one-time cash contribution was not in accordance with the third sentence of

paid, her right to this one-time cash contribution shall cease and

This will no longer be paid.



section 7 of the



The Ethics Committee of the Czech Republic for the appreciation of participants and the resistance resistance

against communism



(1) there is hereby established the Ethics Committee of the Czech Republic for the appreciation of participants

resistance and resistance against communism (hereinafter referred to as "the Commission"). The Commission shall decide on the

appeals against the decisions of the Ministry under section 6 (1). 3 and 6.



(2) the Commission has nine members; two members of the elected and dismissed by the Chamber

the Chamber of Deputies, the Senate, the Government and the Council of the Institute for the study of totalitarian regimes,

one member appointed and recalled by the President of the Republic. The President Of The Commission

elected and removed by the Government from members of the elected Government.



(3) a member of the Commission may be elected to the natural person who is eligible to

legal capacity and is reliable and unblemished.



(4) the members of the Commission are elected for a term of five years. No one can

be elected more than twice in a row.



(5) the membership of the Commission is a public function ^ 3). The term of Office of a member of

the Commission is five years.



(6) the Commission shall be convened by its Chairman and governing. Resolutions

The Commission must be approved by an absolute majority of its members.

The Commission shall adopt the rules of procedure, in which lays down the detailed rules of its

the negotiations. The individual steps in the proceedings, with the exception of the issue of the decision,

may be instructed to State employees performing Government service in

The Office of the Government of the Czech Republic; in doing so, they shall be responsible only to the Commission.



(7) the Commission has partnered with the Institute for the study of totalitarian regimes and the

Archive for the security forces, which upon request, provide the necessary

supporting documents and information.



(8) the performance of the Commission and its other activities professionally,

organizationally, financially and materially ensures the authority of the Government of the Czech

of the Republic. For this purpose, the Commission considered the organizational unit

The Office of the Government of the Czech Republic.



§ 8



Adjustment of pensions



(1) the participants in the resistance and resistance against communism, which was released about it

the certificate and the receipt of retirement or invalidity pension from the Czech

pension insurance, and the widow or widower, who receive a widow's pension, or

widower's pension from the pension insurance, after the Czech resistance and the participant

resistance against communism, to which about certificate has been issued, shall be entitled

on the determination of the amount of the percentage income for at least the amount specified in

paragraph 3.



(2) the basis for determining the amount of the percentage of the pension payable

the persons referred to in paragraph 1, the percentage area of the average retirement

income recorded for the purposes of pension increases from January 2012 ^ 4). For

the determination of the amount of the percentage of income imputed from the date after 31 December 2006.

December 2011 is the basis of the amount determined in accordance with the first sentence and increased

According to the legislation on pensions increases, which take effect from the date the

which pension admits.



(3) the lowest percentage area



and the retirement pension granted under) section 29 of the Act on pension

insurance ^ 5) or pursuant to similar provisions of the previous legislation and

disability pension for disability of the third degree is the amount

determined in accordance with paragraph 2,



(b) invalidity pension for invalidity) of second instance, the widow's and

vdoveckého income shall be half of the amount determined in accordance with paragraph 2,



(c) disability pension for invalidity) of first instance shall be one third of the

the amounts provided for under paragraph 2,



(d) old-age pension granted by) section 31 of the Act on pension

insurance provided for under paragraph 2 shall be reduced by $ 275 for each and

the initial 90-day period, which was the percentage of acreage as last

reduced;

the provisions of § 54 paragraph. 3 and § 61 paragraph. 1 of the Act on pension insurance ^ 5)

shall apply mutatis mutandis, the provisions of section 59 paragraph. 1 of the Act on pension insurance ^ 5)

is true that the amount of pensions for the accumulation of nepřehodnocují, if the

overlapping occurred before the date on which the pension belongs in the lowest percentage

area under this Act.



(4) the request for an adjustment of the pension paid is served by the authority of the social

Security pension shall be paid to the beneficiary, and it should be to her

attach officially certified copy or a certified copy of the certificate referred to in

§ 6; in the case of a pensioner, which paid the Czech administration of social

security, you can submit the application or write for the district administration of social

the competent security according to the place of residence of the applicant. Where a claim for

the payment of the pension prior to the 17. November 2011, belong to the pension under the

paragraph 3 of the payments of the pension due in December 2011. If a claim

on the payment of the pension after 16. November 2011, belong to the pension under the

paragraph 3 as from the date of his return, however, from the first installment of the retirement

due in December 2011. Adjustment of the amount of income referred to in paragraph 3 shall be

made no later than when the payment in April 2012, if the application is submitted to the

December 31, 2011, otherwise no later than 3 months after the submission of the application.



§ 9



The registration of



The Ministry keeps records of the persons to whom the Subscriber's certificate has been issued

resistance and resistance against communism; This evidence includes a copy of the

written copies of the certificate under section 6 (1). 3, where appropriate, the copy of the

a written copy of the decision on the revocation of the certificate. The Ministry of
exposes the way enabling the remote access name, or names,

the last name, or title, the date and place of birth of the persons to whom it was

issued the certificate of the participant of the resistance and resistance against communism.



§ 10



Commemorative badge



(1) together with the certificate of the participant of the resistance and resistance against communism grants

the Ministry of the commemorative badge; Memorial is a commemorative badge badge

participant in the resistance and resistance against communism and a commemorative badge for

After surviving participant in the resistance and resistance against communism. Memorial

participant badge of the resistance and resistance against Communism is to be granted only

living participants in the resistance and resistance against communism. Commemorative badge for

After surviving participant in the resistance and resistance against Communism is granted

relative resistance and the resistance of the participant against communism, which made the

the request pursuant to section 6 (1). 2.



(2) a model for the Memorial of the resistance and the resistance of the participant's badge against communism and

the pattern for the Memorial badge of a surviving participant in the resistance and the resistance after

against communism, as well as their wearing provides the Ministry of

by Decree.



(3) if the certificate of the participant and the Ministry of the resistance resistance

Communism is the one to whom it was granted or, as the commemorative badge of the one who

It has in possession, shall return it to the Ministry.



§ 11



Rehabilitation



On a proposal from the Court cancels the penalty for the offence, to which the

does not cover rehabilitation pursuant to Act No. 119/1990 Coll., on judicial

rehabilitation, as amended, or rehabilitation under section

6 of Act No. 198/1993 Coll., on the illegality of the Communist regime and the

resistance against him, if it is proved during the proceedings, that the conduct of the convicted person

It was guided by the intention to disable or distort or otherwise damage

the Communist totalitarian power in Czechoslovakia, or to create a

resources. The proposal may be filed not later than 5 years from the date of acquisition

the effectiveness of this Act. For the purposes of this proceeding and the subsequent

compensation shall apply mutatis mutandis to the provisions of § 4 and following of Act No.

119/1990 Coll., on the judicial rehabilitation. The refund shall be paid in cash.

This provision shall not apply to offences committed from the rationales

low or unfair.



PART THE SECOND



Amendment of the Act on administrative fees



§ 12



The annex to the Act No 634/2004 Coll., on administrative fees, as amended by

Law No. 217/2005 Coll., Act No. 228/2005 Coll., Act No. 361/2005 Coll.

Act No 444/2005 Coll., Act No. 545/2005 Coll., Act No. 553/2005 Coll.

Act No. 48/2006 Coll., Act No. 56/2006 Coll., Act No. 57/2006 Coll.

Act No. 81/2006 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll.

Act No 130/2006 Coll., Act No. 137/2006 Coll., Act No. 137/2006 Coll.,

Act No. 161/2006 Coll., Act No. 179/2006 Coll., Act No. 186/2006 Coll.

Act No 215/2006 Coll., Act No. 226/2006 Coll., Act No. 227/2006 Coll.

Act No. 235/2006 Coll., Act No. 309/2006 Coll., Act No. 575/2006 Coll.

Act No. 106/2007 Coll., the Act No. 261/2007 Coll., Act No. 269/2007 Coll.

Act No. 374/2007 Coll., Act No. 379/2007 Coll., Act No. 38/2008 Coll.,

Act No. 130/2008 Coll., Act No. 140/2008 Coll., Act No. 182/2008 Coll.,

Law No. 189/2008 Coll., Act No. 230/2008 Coll., Act No. 239/2008 Coll.,

Act No. 254/2008 Coll., Act No. 296/2008 Coll., Act No. 297/2008 Coll.,

Act No 301/2008 Coll., Act No. 309/2008 Coll., Act No 312/2008 Coll.,

Act No. 382/2008 Coll., Act No. 9/2009 Coll., Act No. 41/2009, Coll.,

Act No. 141/2009 Coll., Act No. 197/2009 Coll., Act No. 206/2009 Sb.

Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 291/2009 Sb.

Act No 301/2009 Coll., Act No. 346/2009 Coll., Act No. 420/2009 Sb.

Act No. 132/2010 Coll., Act No. 148/2010 Coll., Act No. 153/2010 Sb.

Act No. 160/2010 Coll., Act No. 343/2010 Coll., Act No. 427/2010 Sb.

Act No. 30/2011 Coll., Act No. 105/2011 Coll., Act No. 133/2011 Sb.

Act No. 134/2011 Coll. and Act No. 152/2011 Coll., is hereby amended as follows:



1. In part I, item 3 in the text of the exemption in paragraph 3, the words "and to"

shall be replaced by the word "to", at the end of the text of point 3 shall be replaced by a comma and dot

added the words "and to the implementation of the law No. 262/2011 Coll., about participating in

resistance and resistance against communism. ".



2. In part I, item 4 in the text of the exemption in paragraph 1, the words "and to"

shall be replaced by the word "to", at the end of the text of point 1 shall be replaced by a comma and dot

added the words "and to the implementation of the law No. 262/2011 Coll., about participating in

resistance and resistance against communism. ".



3. In section I, item 5 in the text of the exemption in paragraph 1, the words "and to"

shall be replaced by the word "to", at the end of the text of point 1 shall be replaced by a comma and dot

added the words "and to the implementation of the law No. 262/2011 Coll., about participating in

resistance and resistance against communism. ".



PART THE THIRD



The EFFECTIVENESS of the



section 13



This law shall enter into force on the day on 17. November 2011.



Němcová in r.



Klaus r.



Nečas in r.



1 § 2 (b)). (c)) Law No 181/2007 Coll., on the Institute for the study of

totalitarian regimes and on the archives of the security services and amending

Some laws.



2) the Treaty on friendship, cooperation and mutual assistance between The

Republic of Algeria, the people's Republic of Bulgaria, the Hungarian people's

Republic, the German Democratic Republic, the Polish people's

Republic, Romania, the Republic of the Union of Soviet

Socialist Republics and Czechoslovak Republic, agreed in

Warsaw, 14 May 2003. May 1955 and published under Act No. 45/1955 Coll.



3) section 201 of the labour code.



4) section 67 of Act No 155/1995 Coll., on pension insurance, as amended by

amended.



5) Act No 155/1995 Coll., on pension insurance, as amended

regulations.