261/2001 Sb.



LAW



of 10 June 1999. July 2001



for the provision of a lump sum of money to the participants in the national struggle for

Liberation, political prisoners and persons from racial or religious

reasons concentrated in military camps and on the amendment of the law

No 39/2000 Coll., on the provision of a lump sum of money to members

the Czechoslovak foreign army and allied armies in 1939

up to 1945



Change: 458/2011 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



§ 1



(1) the Act applies to the citizens of the United States who fulfil the conditions

referred to in § 1 (1). 1, point 1 (b). c) to (f)), paragraph 2 (a). 2 of law No.

255/1946 Coll., on members of the Czechoslovak army abroad and about

some of the other participants in the national struggle for the liberation and were given about

It is issued pursuant to section 8 of the Act of a certificate or who have

the document, which replaces the certificate, (hereinafter "participant of the national

the struggle for liberation "). Participant in the national struggle for liberation is also

a citizen of the United States, which satisfies the conditions referred to in § 1 (1). 1

paragraph 1 (b). and, if the Act) was a national of a

the Czechoslovak Army Corps in the Union of Soviet Socialist

republics and held there while the service less than three months, but

with a national of the first Czechoslovak army in Slovakia, his

military service lasted at least three months.



(2) the law shall also apply to the widow or widower, after the national party

the struggle for liberation, if they are citizens of the United States, whose

the marriage lasted for at the time of participation of the husband in the national struggle for liberation

or was it because of the impossibility to conclude a marriage, not later than

December 31, 1945 and whose husband either fell or at any time later

He died; Likewise, the law also applies to widows and widowers if they are

citizens of the Czech Republic, who have entered into a new marriage, and children,

whose both parents as participants of the national struggle for the liberation of the fallen

or one of the parents as a participant in the struggle for national liberation in

the national struggle for the liberation of the fell and the other of the parents already lived at that time,

If, on the date of death of the deceased's parents later reached the age of 18 years (

"the children").



(3) for the participants in the national struggle for freedom under this Act

shall be considered as citizens of the Czech Republic, who in the period from 15. March 1939 to

May 8, 1945 were from racial or religious reasons concentrated in

military camps in the territory of Czechoslovakia in its borders

on September 29, 1938, or the same reasons were hiding in that territory for a period of

a total of at least three months and, if during this period no longer received

a lump sum of money under Act No. 216/1994 Coll., on the granting of

a lump sum of money to some victims of Nazi persecution.



(4) the condition of Czech citizenship shall be deemed to be fulfilled if the

citizenship takes on the day of application for the grant of a one-time cash

the amounts.



§ 2



(1) the law also applies to citizens of the Czech Republic, who were

imprisoned between 25. February 1948 and 1. before 1 January 1990 and which were

the decision about their imprisonment wholly or partially repealed by Act No.

119/1990 Coll., on the judicial rehabilitation, as amended, or

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

on resistance against it, (hereinafter referred to as "a political prisoner").



(2) the law shall also apply to widows and widowers after the persons referred to in

paragraph 1, if they are citizens of the United States, whose marriage

It took during the entire period of incarceration, or during their imprisonment and their

the husband later died; Likewise, the law applies to the widows and

widower, if they are citizens of the United States, who have entered into a new

marriage.



(3) the condition of Czech citizenship shall be deemed to be fulfilled if the

citizenship takes on the day of application for the grant of a one-time cash

the amounts.



§ 3



(1) a participant in the national struggle for liberation, widows or widowers and children

According to § 1 (1). 2 or a political prisoner and widows and widowers under § 2

paragraph. 2 are authorized persons (hereinafter the "authorized person")

they are entitled to the provision of a lump sum of money (hereinafter referred to as "claim").



(2) it is necessary to apply to a written request by the authority competent for the

a decision by 31 December 2002. December 2002, otherwise entitlement ceases to exist.



§ 4



(1) an authorized person referred to in section 1 (1). 1 and 2 shall provide a certified copy of the

a certificate issued pursuant to section 8 of Act No. 255/1946 Coll., or documents,

that this certificate is replaced or certify these facts or

a certified copy of a certificate issued under section 5 of Act No. 34/1946 Coll., which

the guerrilla, defines the concept of the Czechoslovak and other authenticated documents

certifying the claim, if it is the competent authority responsible for issuing the

the decision prompts or the decision to fully or partly cancellation

the decision about their imprisonment.



(2) if the beneficiary Is a widow or widower, shall submit a marriage certificate.



(3) the total duration of participation in each type of national struggle for

exemption pursuant to § 1 (1). 1 (1) (a). c) to (f)), section 2 and paragraph 2. 2

Law No. 255/1946 Sb. , it adds up. The total duration of the participation in

the Czechoslovak Army Corps in the Union of Soviet Socialist

republics, if it has been less than three months, it adds up to total

services in the first Czechoslovak army in Slovakia and the shared time

is added to the total time of entry in the national struggle for liberation.



(4) the total period of detention for political prisoners, adds up. When partial

change of the convicting court decision counts only the difference between punishments

work undertaken on the basis of the original judgment and set out appropriate

penalties or sanctions newly imposed.



§ 5



(1) the amount of a lump sum of money for the party of the national struggle for

exemption for participating in the national struggle for liberation of at least 1

year is 120 000 CZK. For each additional month of participation in the national struggle for

the exemption, the amount of a lump sum of money increases by $ 1,000.



(2) the amount of a lump sum of money for a political prisoner during imprisonment

longer than 1 year is 120 000 CZK. For each additional month of incarceration, the amount

a lump sum of money increases by $ 1,000.



(3) the amount of a lump sum of money for the party of the national struggle for

exemption for participating in the national struggle for the liberation of less than 1 year,

However, over a period of at least three months, or at least two months in the case of

services in the guerrilla unit as the Czechoslovak partisan by

a special law ^ 1) is 60 000.



(4) the amount of a lump sum of money for a political prisoner during imprisonment

less than 1 year, but over a period of at least 3 months, is 60 000.



(5) If the person entitled proves that the national struggle for liberation

He was a participant of the national struggle for the liberation of the injured and as a result of this

He was awarded a full disability pension, partial invalidity

pension, disability pension or a pension, allowance, the amount of disposable

a sum of 120 000.



(6) the provisions of paragraph 5 shall apply only if it is not for a qualifying

person more favourable amount referred to in paragraph 1.



(7) the amount of a lump sum of money in accordance with paragraphs 1 to 6 shall be for

a widow or widower, after a party in the national struggle for liberation or after

political prisoners and children pursuant to § 1 (1). 2 always her half. If

participant in the national struggle for liberation or a political prisoner in the national

the fight for the liberation of fell or where the death penalty has been executed, or that

He died in imprisonment, the amount of a lump sum of money for the widow or

widowers and children pursuant to § 1 (1). 2 120 000 CZK.



(8) the matters referred to in paragraph 5 establishes the beneficiary assessment

disability pension or the addition of the retired issued pursuant to law No.

164/1946 Coll., on taking care of military and war poškozence and victims of war and

fascist persecution. May is also demonstrated by a decision granting

invalidity (full disability) pension or partial invalidity

the pension regulations issued pursuant to the national insurance, social

security or pension insurance.



§ 6



About the claim, the amount of the lump sum of money and the payment of legitimate

a person is decided by the Czech social security administration. In cases where the

pension from the pension insurance shall be paid by the social security authority

members of the armed forces of a ^ 2) or of the armed forces, is materially

the decision by the competent authority by that authority.



§ 7



(1) proceedings under this Act shall be initiated upon the proposal of a competent person.



(2) the claim in a timely manner, if it has not been decided or if

avoid the payment of a lump sum of money, in case of death

authorized person on her heir.



(3) proceedings under this Act shall apply, if the law

otherwise, the Administrative Procedure Act. ^ 3)



(4) against the decision of the authority referred to in paragraph 6 may give rise

resource to the High Court, in whose district is a General Court authorized

of the person.



§ 8



Proceedings conducted under this Act is exempt from the charges.



§ 9



The cost of a single sum of money is paid by the State.




PART TWO



Change of law No 39/2000 Coll., on the provision of a lump sum of money

members of the Czechoslovak foreign army and allied armies in

from 1939 to 1945



§ 10



Act No. 39/2000 Coll., on the provision of a lump sum of money

members of the Czechoslovak foreign army and allied armies in

from 1939 to 1945, is hereby amended as follows:



1. In article 1 (1). 2, after the words "in the national struggle for liberation"

the words "or because of the impossibility to conclude a marriage

not later than 31 December 2006. December 1945 ".



2. In article 3, paragraph 3. 1, after the words "certifying entitled" words "from the

where is the apparent length of service in a foreign army that is

decisive for the claim ".



PART THREE



TRANSITIONAL PROVISION



§ 11



Entitlement of widows or widowers on the provision of a lump sum of money referred to in

Law No 39/2000 Coll., on the provision of a lump sum of money

members of the Czechoslovak foreign army and allied armies in

from 1939 to 1945, as amended by section 10 section 1 of Act No. 265/2001 Coll., is

must be redeemed in the form of a written request by the authority competent under

Law No 39/2000 Coll., the decision and the payment of a lump sum of money

not later than 31 December 2006. December 2002, otherwise entitlement ceases to exist.



PART FOUR



The EFFECTIVENESS of the



§ 12



This Act shall take effect on the date of publication.



Klaus r.



Havel, v. r.



in z. Spidla in r.



1) Law No 34/1946 Coll., which defines the concept of the Czechoslovak

guerrilla.



2) section 9 of Act No. 582/1991 Coll., on the Organization and implementation of social

security, as amended.



3) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by

amended.