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
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.
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
(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
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
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)
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.
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)
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.
(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.
Funeral homes (Amendment) Act
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
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. ".
The EFFECTIVENESS of the
This Act shall take effect on 1 January 2000. July 2004.
Fort Worth Star Telegram in 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
5) § 2 (2). 2 of the commercial code.
6) Act No. 200/1990 Coll. on offences, as amended.