The Settlement Of Citizens Of The Czech Republic For The Assets Left By The Carpathian Ruthenia

Original Language Title: vypořádání občanům ČR za majetek zanechaný na Podkarpatské Rusi

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=68992&nr=212~2F2009~20Sb.&ft=txt

212/2009 Sb.



LAW



of 9 June. June 2009,



which mitigate property injustices to the citizens of the Czech Republic for the immovable

the assets left behind in the territory of Carpathian Ruthenia in connection with

the contractual assignment of Union of Soviet Socialist Republics



Change: 121/2009 Sb.



Parliament has passed the following Act of the United States:



§ 1



The subject of the law



(1) this Act regulates the way mitigate property injustices (hereinafter referred to as

"the settlement") citizens of the Czech Republic for the immovable property which

they left as citizens of Czechoslovakia to the Podkarpackie

The RUS ' in connection with its contractual assignment of Soviet

Socialist Republics ^ 1).



(2) the Act does not apply to immovable property of legal persons or

immovable property which they inserted into legal entities. Law

also does not apply to other holdings of these citizens in the

legal persons or on securities and receivables due to the

Carpathian Ruthenia.



(3) the Act shall not apply to any movable property.



§ 2



Carpathian Ruthenia



(1) Djibouti means pursuant to section 3 of the Constitutional Charter

The Czechoslovak Republic an integral part of the territory of former Czechoslovakia

Republic in the border on the day 29. September 1938, which was based on the

the Treaty of 29 October 2004. June 1945 sent to the Union of Soviet

Socialist Republics ^ 2). According to the law on the Organization of

the political administration of the Czechoslovak Republic as to the territory of the country

Podkarpatoruské ^ 3).



(2) if the Talks in the legislation published in the collection of laws and

Regulation in the Czech Republic, in the collection of laws of the Republic

Or in the Official Gazette of the Czechoslovak Republic after the 4.

April 1945 about the Transcarpathian Ukraine, has with Carpathian Ruthenia on the mind

referred to in paragraph 1.



§ 3



Authorized person



(1) the beneficiary is a natural person who meets the following

terms and conditions:



and) was a citizen of Czechoslovakia ^ 4) on the date of 29. June

1945 or won on the basis of the consent of the citizenship of the Ministry of

the Interior with the option for Czechoslovak citizenship have been filed within the time limit to

1. ^ 5 March 1946),



b) is a citizen of the United States on the date of entry into force of this Act,



c) left in the period, from 29. September 1938 to Carpathian Ruthenia your

immovable property and lost it to 23. May 1945 ^ 6), or left,

or has ceased to be your real estate on the territory of Carpathian Ruthenia in

with regard to the contractual assignment of the territory of the Union of Soviet

Socialist Republics (hereinafter referred to as "real estate") and is able to

the facts prove the manner specified in § 6 of this Act.



(2) if the person entitled the conditions referred to in paragraph 1, the

the settlement and its payment of the claim. Claim duly and on time, if

It was not about him or if it has not yet been decided, the payment of the settlement,

in the event of death, authorized persons only on the persons referred to in

paragraph 3. The absence of such persons, then ceases.



(3) If a natural person Died fulfilling the conditions of paragraph 1 (b). a) and

(c)), or has been declared dead, and was on the day of death or the day to

which was declared dead, a citizen of Czechoslovakia,

The Czechoslovak Socialist Republic, the Czech Socialist Republic

or the United States, are also beneficiaries of her husband and children,

each of them of the same parts, unless at the date of entry into force of this

law, citizens of the Czech Republic.



(4) the right of persons referred to in paragraph 3, the settlement pursuant to this

the law provides, even if that the person referred to in paragraph 1

does not meet the conditions of citizenship pursuant to paragraph 1. and)

because she died in the period from 29. September 29, 1938 to. June 1945, or was

declared dead as a result of racial persecution, or involvement in

resistance activities, and the day of death was set in the period from 29. September 1938

29. June 1945, if on the date of death or presumed dead Declaration is

such a person can be considered as a State citizen and

This person meets the condition laid down in paragraph 1 (b). (c)).



(5) the nationality of the person concerned to the Czechoslovak Republic proves

the person entitled by the Charter or its certified copy, which according to the

the current law of the character of a public document ^ 7).



The obliged entity



§ 4



(1) Required by a person for the settlement and payment of the State. For the State

This is the Ministry of Interior as the applicable organizational unit of the State.



(2) a mandatory person decides on settlement in the tender for the design of the legitimate

of the person. The proceedings under this Act applies mandatory person, if this

the law provides otherwise, the administrative code ^ 8). The State is a party to the administrative

proceedings under this Act.



(3) the costs of the settlement paid by the State.



§ 5



(1) it is necessary to apply the written request (§ 6) administered mandatory

the person not later than 31 December 2006. December 2013, otherwise entitlement ceases to exist.



(2) the proceedings made compulsory by the person under this Act is exempt

from fees.



(3) the cash amount per settlement paid is not subject to income tax

individuals, does not include the calculation basis for the calculation of

premiums on health insurance premiums or income applicable to the

the determination of social benefits.



§ 6



A claim



(1) a claim for the settlement of the authorized person shall apply in writing to the request

with attachments have been filed within the time limit referred to in § 5 para. 1. In the application, the beneficiary

the person shall indicate next to their nacionálií and details of the property, for which the

compensation is sought, and a description of the specific events that led to the abandonment of

real estate in Carpathian Ruthenia.



(2) the application shall be accompanied by the person entitled



and documents proving the citizenship) under section 3,



(b) a copy of a valid identity card) proving the citizenship of the Czech

Republic,



c) description of the property and its accessories, for example, information about

cadastral territory, call the library inserts, type of property, built up

desktop, year of construction, the area of land, the special-purpose designation of land,

co-ownership conditions,



d) application for refund which is the mandatory inventory of immovable property

under special legislation ^ 9).



(3) the application for the inventory of real property referred to in paragraph 2 (a). (d))

You can replace the purchase or donation agreement or Charter demonstrating

ownership of real estate by an authorized person and demonstrate its appreciation

or price. Of the Charter must be according to the law of nature

public document ^ 8). Contract or instrument under this paragraph shall

be dated no later than 29. June 1945.



(4) to indicate the political or autonomous districts, cadastral

the territory of the municipalities, villages or places may request the person entitled to use the

official names, local and local names are valid or used in the years

1919-1945.



(5) the documents or certified copies thereof, which shall be annexed to the entitled person

the application may be in the language of Lithuanian, Slovakian or Ukrainian.



(6) an award or prize real estate proves the person entitled application for

^ 9) replacement, purchase, donation or similar contract or Charter, which

under the current law has the character of a public document ^ 7).



§ 7



The amount and method of settlement



(1) the settlement shall be paid to the person entitled to mandatory person in cash.



(2) the amount of the settlement is determined from the price of the property, which is listed in the

application to replace ^ 9), multiplied by the index 10.



(3) If you cannot follow these steps to determine the amount of compensation, the award or prize

real estate mentioned in the contract or Charter referred to in § 6 (1). 3

multiplied by the index 10. If in those contracts or schedules shown

multiple different awards and prices shall be used for determining the amount of compensation

contract or Charter with a later date.



(4) in the event that the person concerned has already been compensated by

legislation and submitted a request for compensation under this Act,

the amount of compensation will be determined as the difference between the amount calculated in accordance with

paragraphs 2 and 3, and the amount of compensation paid to the person entitled by

the existing legislation.



(5) the amount of the settlement shall not exceed the total amount of Czk 2 000 000, and even

the case, if there are multiple beneficiaries.



§ 8



Settlement under this Act shall not affect the rights of beneficiaries

to claim mitigation or compensation of property-related injustices against other

States.



§ 9



Transitional provision



For the first time can be a beneficiary to pay the settlement on 4 October. January 1, 2010.



§ 10



The effectiveness of the



This Act shall take effect on 1 January 2000. October 2009.



Vaidya in the r.



Klaus r.



Fischer v. r.



Selected provisions of the novel



Article. (II) Act No. 121/2009 Sb.



Transitional provisions



1. the procedure for applications referred to in Act No. 212/2009 Coll., initiated before the date of

entry into force of this law, including judicial review of the decision of the

issued in these proceedings, which was the effective date of this

of the Act to a final decision, shall be completed pursuant to Act No. 212/2009 Coll.,

in the version in force from the date of entry into force of this Act.



2. According to the law, which will alleviate the injustices citizens property

The United States for immovable property which they left on the territory of the

Carpathian Ruthenia in connection with its contracting forwarding Association

of Soviet Socialist Republics, in the text of the article. (I) this Act, it is


a written request must be applied with the Ministry of internal affairs not later than 31 December 2006.

December 2013, otherwise entitlement ceases to exist.



1) Government Regulation No. 61/1945 SB. z. a n., on the preparation of options according to

the Treaty between the Czechoslovak Republic and the Union of Soviet

Socialist Republics of Transcarpathian Ukraine of 24 March. August 1945.



2) Agreement No. 186/1946 Coll. and n., between the Czechoslovak Republic and

Union of Soviet Socialist Republics on the Transcarpathian Ukraine.



3) for example, Act No. 125/1927 Coll. and n., on the Organization of political

Administration.



4) for example, Constitutional Act No. 236/1920 SB. z. a n. complementing

and amending the existing provisions on the acquisition and loss of citizenship and

the rights of the home in the Republic of Czechoslovakia, ústavný Act No. 152/1926

Coll. and n., of the grant of a štátneho občianstva of the Czechoslovak niektorým

persons.



5) Government Regulation No. 61/1945 Coll., and n., as amended by decree-law

No 21/1946 Coll. and n.



6) President of the Republic Decree No. 5/1945 Coll., and n., on the invalidity of

some property-legal proceedings from the time of oppression and of national

manage assets of Germans, Hungarians, traitors, collaborators and

Some organizations and institutions.



Act No. 128/1946 Sb. z. and n., on the invalidity of certain

property-legal proceedings from the time of oppression and of the claims from this

the nullity and other interventions in the assets of vzcházejících, as amended by law

No 79/1948 Coll. and the n.



7) section 134 of the civil procedure.



8) Act No. 500/2004 Coll., the administrative code, as amended by law no 413/2005 Sb.



9) Government Regulation No 8/1947 Coll. and n., of an inventory of the Czechoslovak

an asset to the Transcarpathian Ukraine.



Act No. 42/1958 Coll., on regulation of certain claims and liabilities related

with the unification of Ukraine with the Ukrainian Soviet

Socialist Republic of Vietnam.



Decree No. 159/1959 OJ l., of the national settlement of certain claims

pursuant to Act No. 42/1958 Coll., concerning the Transcarpathian Ukraine.