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:
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
(3) the Act shall not apply to any movable property.
(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.
(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
(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.
(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
(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.
(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
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,
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
(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).
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.
Settlement under this Act shall not affect the rights of beneficiaries
to claim mitigation or compensation of property-related injustices against other
For the first time can be a beneficiary to pay the settlement on 4 October. January 1, 2010.
The effectiveness of the
This Act shall take effect on 1 January 2000. October 2009.
Vaidya in the r.
Fischer v. r.
Selected provisions of the novel
Article. (II) Act No. 121/2009 Sb.
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
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
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.