122/2004 Sb.



LAW



of 20 December. February 2004



of war graves, and piety points and amending Act No. 256/2001

Coll. on the funeral industry and amending certain laws, as amended

the laws of the



Change: 281/2009 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



WAR GRAVES



§ 1



The subject of the edit



This law establishes the rights and obligations in the area of caring for war graves and

Memorial sites (hereinafter referred to as "a war grave") and the State administration authorities and their

the scope of the matters of war graves.



§ 2



Definition of terms



(1) a war grave is, for the purposes of this Act, where are buried

the remains of people killed as a result of active participation in the military

operation or as a result of war captivity, or the remains of persons who

died as a result of participation in the resistance or military operation during the war.

War grave may be grave, the grave of bulk or individual osárium,

including tombstones and the rest of the tomb of the device. A war grave is

also registered a place with the remains of deceased persons when such disposal in

the context of the war events, or other object that is behind the war

the tomb is considered in accordance with the international treaty to which the Czech Republic

bound.



(2) a war grave is, for the purposes of this Act and the reverent place, which

means a memorial plaque, a monument, Memorial or a similar symbol

reminiscent of the events of the war, and the victims who died as a result of

active participation in the military operation, or as a result of war captivity,

or victims of people killed as a result of participation in the resistance or

military operation in time of war.



(3) Evidence of a war grave, means a paper or a different record

containing the information about the grave, if known; These data are

in particular:



and) the name or name, last name, military rank, State

affiliation, nationality, date of birth, date and place of death and the cause

the death of the person or persons whose remains are buried in the grave,

or the person to whom the war grave concerns. Processing of data is carried out in

accordance with the specific legislation, "^ 1")



(b) the name of the State), the municipalities of incoherence, or military and cadastral territory

a parcel number, or address of the property where the war

the tomb is located,



c) historical event, which is a war grave covers, character and

a brief description of the appearance of a war grave, including photographic documentation,



(d) the owner of a war grave) designation and the owner of the property on which

It is a war grave is located.



(4) care of war graves means editing, security, assurance

establishment of new war graves, relocation or disturbance of war

graves, including the exhumation.



(5) the maintenance and modification of a war grave, means the designation of a war

the grave, the location of a commemorative plaque, monument, Memorial or the like

symbol, including the maintenance of a war grave, its surroundings and access to

him.



§ 3



Caring for war graves



(1) the care of war grave secures the owner of war grave, and if

is not known, the owner of the property, which is a war grave is located.



(2) the transfer or cancellation of a war grave and other change war

the grave than its maintenance and adjustment of its owner, or, if it is not

I know, the owner of the property, which is a war grave is located, do

on the basis of a written request and upon written consent of the Ministry of

defence (hereinafter referred to as "the Ministry"). New war grave can be established only on the

upon written request of the founder and the written consent of the owner

real estate and Ministry. Do not replace the Ministry permit approvals

or other administrative authority, if it is required by

special legislation. ^ 2)



(3) the owner of a war grave, as well as the owner of the property on which the

a war grave is located, if there is a war grave outside the burial site is obliged to

to allow access to it for the purpose of surrender of deference or completion of the work

related to care for a war grave.



(4) If a war grave located outside the cemetery, the owner of the property

claim for compensation for restriction of the use of the property. If the owner of the

real estate taking seriously the existence of war

the grave of difficult, the State is obliged, on the basis of a written request,

the property or part of the purchase. Compensation for property owners

the Ministry provides. The amount of compensation and the purchase price is determined by the

special legislation. ^ 3)



§ 4



Performance of State administration



(1) Municipal Office municipality with extended powers keeps records of war

the graves, which are in its administrative district. The Office shall inform the

the Regional Office on the numbers and status of war graves, which leads

in the register. The information given by the end of June, of the calendar year by the

status as of 31. December of the previous year.



(2) the Office shall keep a summary record of the regional war graves, which are in

its administrative district, and coordinate the care of war graves in the region.

Regional Office shall inform the Ministry about the numbers and status of war

the graves, which leads in the register. The information given by the end of September

the calendar year according to the State as of 31. December of the previous year.



(3) the Ministry of



in case of doubt) decides what is a war grave,



b) coordinates the care of war graves in the Czech Republic and abroad



(c)) leads the central register of war graves,



(d)) provides grants under special legislation ^ 4) to care for

war graves of its owner, if not known, the owner of the real estate and



e) provides compensation for restriction of the use of the property and paid the expenses for the

purchase of immovable property or part thereof.



§ 5



Infractions and administrative delicts



(1) a natural person has committed the offence and legal person or natural person

a person who is an entrepreneur, ^ 5) is guilty of an administrative offense, by



and will not allow the war grave) access,



(b) to secure a modification of a war grave), though to do so under this Act,

obliged to, or



(c)) performs another change war grave than its modification, or moves

or revoke a war grave, without the consent of the Ministry.



(2) A misdemeanour or administrative offence



and) referred to in paragraph 1 (b). and you can save) a fine up to $ 2,000,



(b)) referred to in paragraph 1 (b). (b)) may be imposed a fine up to $ 50,000,



c) pursuant to paragraph 1. (c)) can be to impose a fine of up to 100 000 CZK.



(3) the infractions and administrative delicts in accordance with paragraph 1 shall examine, responsible for the

Municipal Office; If he is the administrative offense referred to in paragraph 1, the municipality is

relevant to his discussion of the regional office.



(4) the administrative control of the administrative offense cannot be started if the 1 year has elapsed

the date on which the authority for the imposition of a fine became aware of the fact that

a legal entity or natural person who is an entrepreneur, ^ 5)

obligation imposed on it by this Act, or if 2 years have elapsed from the date of

When the breach of the obligation occurred. A fine may be imposed no later than 3 years

the date on which the infringement occurred.



(5) The offences and their hearing is otherwise covered by a specific

legislation. ^ 6)



§ 6



Fines imposed under section 5 of the collected and enforced by the administrative body which, in the case

gave the judgment at first instance; the yield of these fines is his income.



§ 7



Common provisions



(1) cancellation of a war grave declared a cultural monument can be

do this only after the previous revocation of his statement as a cultural asset

The Ministry of culture.



(2) on making a decision under this Act, unless the context otherwise requires,

covered by the administrative code.



(3) for the regional authority and a designated municipality

under this law, the exercise of delegated powers.



PART TWO



Funeral homes (Amendment) Act



§ 8



Act No. 257/2001 Coll., on the funeral industry and amending certain acts, in

amended by Act No. 483/2001 Coll., Act No. 320/2002 Coll. and Act No.

274/2003 Coll., is amended as follows:



1. in the section 18 para. 3, in the second sentence the words "this" and the comma after

the words "laid down by this law" shall be replaced by a dot and the rest of the sentence

repealed.



2. in section 24 para. 3, the second sentence is replaced by the phrase "when the interference of war

the graves are proceeding under special legislation. ^ 21a) ".



Footnote No. 21a):



"21a) Act No. 122/2004 Coll., on war graves and places and piety

Amendment of the Act No. 257/2001 Coll., on the funeral industry and amending certain

laws, as amended. ".



3. section 29 paragraph 6 is added:



"(6) for war graves ^ 21a) is provided free of charge on the right of use

unlimited period of time. ".



PART THREE



The EFFECTIVENESS of the



§ 9



This Act shall take effect on 1 January 2000. July 2004.



Fort Worth Star Telegram in r.



Klaus r.



in the Gross at the r..



1 for example, section 15) of the civil code, Act No. 301/2000 Coll., on the

the civil registry, the name and surname and amending certain related laws,

in the wording of later regulations.



2) Act No. 50/1976 Coll., on zoning and the building code (the building

Act), as amended.



3) Act No. 151/1997 Coll., on the valuation of assets and amending certain

laws (law on the valuation of assets), as amended by Act No. 121/2000 Coll.



4) Act No. 218/2000 Coll. on budgetary rules and amendments


related acts (budgetary rules), as amended

regulations.



5) § 2 (2). 2 of the commercial code.



6) Act No. 200/1990 Coll. on offences, as amended.