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.
