On State Border

Original Language Title: o státních hranicích

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=51631&nr=312~2F2001~20Sb.&ft=txt

312/2001 Coll.



LAW



of 8 June. August 2001



the State borders and amending Act No. 200/1990 Coll. on offences,

as amended, (the law on the State border)



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



THE STATE BORDERS OF THE CZECH REPUBLIC



TITLE I OF THE



BASIC PROVISIONS



§ 1



The subject of the edit



(1) this Act regulates matters of State borders of the Czech Republic

(hereinafter referred to as "the borderline")



and the performance of State Administration)



(b)) the rights and obligations of natural persons and legal persons.



(2) If Parliament approved, ratified and proclaimed International

the Treaty, which the Czech Republic is bound, (hereinafter referred to as "the international

Agreement ") provides for something other than this Act, it shall apply to international

the contract.



§ 2



The basic concepts



(1) the national borders of separate territories of the Czech Republic from the territory of the

neighbouring States as to the Earth's surface, so the vertical direction in the air

the area under the Earth's surface, in the above-ground and underground construction and

devices. State boundaries are established international treaty or

the Constitutional Act. You can determine the position of the State borders of the frontier

the documentary works or of the designation of the field during the national borders.



(2) the border documentary work is surveying and descriptive data file

the State borders. The content and form of a frontier documentary works are

established international treaty.



(3) the State border Line consists of a contiguous set of points that determine the

the progress of national borders on the Earth's surface, and whose position can be determined from the

a frontier documentary works.



(4) point is the point of the Quarry line of State borders, in which the line State

the border changes direction, and its position can be determined from a frontier documentary

works.



(5) Border is the flow of water, which by international treaty

takes place in the longitudinal direction line of the State border.



(6) the Maintenance indication during the national borders is to check the accuracy of the

the position of the border characters and the restoration of their stabilisation and coatings.



TITLE II



THE PROGRESS AND THE DESIGNATION OF THE STATE BORDER



§ 3



The progress and the designation of the State border



(1) the progress of national borders must be clear, unambiguous and must be

marked with border signs. The position of the border characters and nevyznačených

fracture points is determined by the coordinates listed in the border

documentary work.



(2) the border character is surveying the brand of surface stabilisation

or surface and underground stabilisation of the completed Assembly.



(3) the position, shape and dimensions of the border characters, the materials from which they are

made, as well as their description of the international treaty.



§ 4



Direct and indirect indication of national borders



(1) If the State border are underway



and after the border line) character or after the fracture line points are

marked directly,



(b)), the border border watercourse way moat or border

in any other way laid down in the border documentary work that

does not allow direct indication, are indicated indirectly.



(2) direct designation are fitted in line border characters State

borders. When indirect indication are border signs are placed alternately

or in pairs on both sides of the line of the State border.



§ 5



Equipment on the course of national borders



(1) the device indicating the progress of the national borders are



and the OVAL Board depicting) the great State emblem and a blue inscription

"Czech Republic" on a white background (hereinafter referred to as "the oval"),



(b) the rectangular boards with red) the words "CAUTION! THE STATE BORDER ",

"WATCH OUT! NATIONAL BOUNDARIES ARE A PERIMETER PATH "," WATCH OUT! STATE

THE BOUNDARIES ARE THE BORDER STREAM "," WATCH OUT! STATE BORDER

ARE SHIPPING LANE "," WATCH OUT! THE STATE BORDER ARE UNDERWAY AFTER THE EDGE OF THE

The PATH "or" WATCH OUT! The STATE BORDER are UNDERWAY ALONG the BANK of the WATER FLOW "on

white background (hereinafter referred to as "text").



(2) the Oval Board is placed on the State border in particular places,

which are in accordance with the agreements concluded with neighbouring States intended for

the crossing of the State border.



(3) the Text pane is placed in the space of 50 m from the border

(hereinafter referred to as "the immediate proximity of the borders").



(4) equipment on the progress of the national borders are owned

Of the Czech Republic.



(5) a model for the OVAL Board is set out in annex 1 to this Act.



§ 6



Placement equipment concern the progress of the national borders



Equipment on the progress of the national borders are placed



and on land), so that its owner was limited in the smallest possible extent;

the location of this device on the agricultural parcel shall not apply

protection of agricultural land under a special legal regulation, ^ 1)



(b)) for highways, roads or roads used for the operation of the

vehicles or walking as close to the shoulder of the road,



(c)) to the vertical or horizontal surfaces of building construction; the location must not be

the stability of the building or to restrict its use.



TITLE III



BORDERLINE BAR AND FREE CIRCULAR AREA



section 7 of the



(1) in order to ensure clarity over the border and to protect the

the border is along the national borders on sections of the direct indication

border bar width of 1 m (hereinafter referred to as "border strip"). Around each

the character sections of the border on the progress of the State indirectly ingredients

the border is a loose circular area with a radius of 1 m (hereinafter referred to as "free round

area ").



(2) Border Strip and free circular area are kept permanently

clear, without the mature vegetation and the other obstacles hampering

the visibility of the border characters and clarity over national borders and in the

the case of the port of bar, and visibility on both the neighbouring border characters.



(3) in the border strip and in open circular area is forbidden to perform

construction or other activity, the effect of which may be a violation

frontier characters or the deterioration of visibility over the national borders.



(4) the provisions of paragraph 3 shall not apply to the construction of the

the public interest and serving this interest, or other activity that is

carried out in the public interest.



TITLE IV



THE SCOPE OF THE MINISTRY OF THE INTERIOR



§ 8



The Ministry of the Interior (hereinafter referred to as "the Ministry") in the administration of the State

borders



and, the indication) for setting, tracking devices and the maintenance of the designation of the

over State borders, with the exception of land measuring activities in the State

borders carried out under a special legal regulation, ^ 2)



(b)) provides the maintenance of the frontier Strip and circular surfaces,



(c) the border documentary) manages the work,



(d) the activities of the border Commission) for the implementation of the obligations established by

for the Czech Republic resulting from international treaties,



e) coordinates the activities of State authorities in matters concerning the administration of

national borders,



(f)) is expressed to the buildings, construction, technical and other measures to

the State borders, or in their immediate vicinity, particularly from the

in terms of the impact on the designation of the over State borders,



g) provides compensation for financial damage or compensation for restrictions

the use of real estate arising in connection with the performance of the administration of State

borders,



h) purchases land to be on the basis of an international treaty on

the changes to the course of national borders passed to the neighbouring States,



I) publishes certificates in accordance with international treaties, ^ 3)



j) keeps records of the persons to whom a licence has been issued for the performance of activities on

the State borders (hereinafter referred to as "the card"), and



the location of the device) for progress national concern

borders.



THE HEAD OF THE



THE RIGHTS AND OBLIGATIONS OF NATURAL OR LEGAL PERSONS IN THE CONTEXT OF THE

THE ADMINISTRATION OF THE STATE BORDER



§ 9



Entry or entry to the land



The person who performs the tasks for managing national borders (hereinafter referred to as "the charge of the

person "), is authorized in the exercise of these activities to enter or enter

the extent of land which is situated at a distance of 3 km

from the national borders (hereinafter referred to as "lands"). If the land is fenced,

the designated officer shall be entitled to enter or enter only with the concurrence of

its owner or user.



§ 10



The use of real estate



(1) the designated person may just the extent strictly necessary to use the land

or building located on the site (hereinafter referred to as "property") to the

the establishment, relocation, removal of the designation of the State during the

border, border-free maintenance of the lane or circular areas or to

maintenance designation during the national borders.



(2) the Ministry before placing the border character informs you about the intent of the

the establishment of the property owner and instruct him in writing on the rights and

obligations, which arise from the establishment of the frontier character.



(3) if the activities referred to in paragraph 1, without prejudice to other specific legal

law protected interests, ^ 4) proceed after previous consultation with the

public authorities or bodies of territorial self-governing units, which

It is for the protection of those interests.



(4) the provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the device

indicating the progress of the national borders.



§ 11



The obligation of the owner or user of the property



(1) the owner or user of the property is required to



and allow entry or entrance) of the land in connection with the administration of
national borders or work in the management of national borders,



(b) the location of the frontier character) to tolerate or device s

the progress of national borders on the real estate,



(c)) to refrain from activities that may endanger, damage, destroy or otherwise

invalidate the border character or equipment on the progress of the State

the border or make it harder for their use,



(d) notify without delay to the Ministry) of damage, destruction, unauthorized

move or delete or other depreciation of the frontier character or

the device reminds you of the progress of the State borders, or



e) refrain from activities that may change the status of the port of bar, or

free circular areas, or to reduce or prevent the visibility of

during the national borders.



(2) the user referred to in paragraph 1 is the person that the property used to

under contract to the owner or on the basis of other legal

the title; for the user and the organizational component of the State. Similarly, it

applies to the users of the land referred to in section 9.



§ 12



Duties of the administrator of the port of water flow



The port manager of the water flow is required to



and the water flow) to maintain the border according to the options to avoid

changes of the water flow of the watercourse of the port, unless the relevant

water or environmental interests, and



(b) without delay notify the Ministry of) work on watercourse,

which may affect the water flow, the bed of the border or change banks

or trough the port water flow, as well as damage to, destruction of,

the unauthorized transfer or removal or other depreciation

the frontier character of the water flow at the border.



TITLE VI OF THE



LICENCE AND REGISTRATION OF AUTHORISED PERSONS



section 13



Issuance of licence



The designated person for activities under sections 9 and 10 shows the permissions to

entry or access to land or real estate, the use of ID card

which it shall issue to the Ministry, and ID.



§ 14



The particulars of the licence



(1) the License contains



and the particulars of the certificate holder), an indication of his employer, and



(b) the date of issue), the time of validity and the authority which issued it.



(2) the model certificate is given in annex 2 to this Act.



§ 15



Registration of authorised persons



Registration of authorised persons contains data placed on the licence (section 14, paragraph.

1) with the exception of the signature of the holder.



TITLE VII



COMPENSATION FOR FINANCIAL DAMAGE AND THE COMPENSATION FOR THE RESTRICTIONS OF THE USE OF THE PROPERTY



section 16 of the



(1) a person is required to save the rights and property of the owner and after

their work related to the performance of the administration of State border to indicate

the property to its original state. It is required to ensure that the least

distracting the management and use of the property. It may also, after the previous

warning to the extent necessary to carry out the necessary adjustments of terrain, oklešťovat

or delete the offending stands in the performance of public administration occupations

borders.



(2) if it is not possible to give the property to its original state and

If the owner of the property was harmed as a result of the exercise of State administration

border, has the right to compensation. Compensation for financial damage shall be borne by the Ministry.

The right to compensation for financial damage must be claimed by the Ministry within 60

days of its creation, if the injury on the field, in cultures

other cases up to 1 year from the date of its creation, otherwise lapse.



(3) if the owner of the property is limited by the location of the frontier character

or a device that reminds you of the progress of the national borders in the usual

the use of the property, has the right to appropriate compensation for these restrictions.

Compensation for restrictions shall be borne by the Ministry, for which this right is to be

apply up to 1 year from the date of notification of the location of the frontier character or

the device reminds you of the progress of the national borders on the property, otherwise

shall cease.



(4) If no agreement on compensation for the property or to the agreement on

compensation for restrictions on the use of the property within 3 months from the date of submission of the

proposal for an agreement by the Ministry or within 3 months from the date of application of the law

on the compensation for the owner of the property, you can seek compensation in court.



(5) compensation for material injury referred to in paragraph 2 or to compensation for restrictions

the use of the property referred to in paragraph 3 shall be granted, in the case of

property in the ownership of the Czech Republic.



TITLE VIII



PARTICIPATION IN THE ADMINISTRATIVE PROCEDURE



§ 17



The Ministry is concerned the authority of State administration in the territorial and building

proceedings, where these control territories or buildings in the immediate

close to national borders.



TITLE IX OF THE



ADMINISTRATIVE OFFENCES



section 18



(1) a legal person or a natural person in the performance of their business

activities committed by violation of the right in the field of the administration of State border

If



and destroy or damage), wrongly or improperly repositions deletes

border character or equipment in the course of national borders,



(b)) wrongly into the frontier hit the bar or to the coast or the trough

the border of water flow or to the border roads, worsen the

clarity over the border or if it changes their

location, or



(c)) does not allow or otherwise impedes the person responsible for the entry, entry or performance

work in the management of the State border.



(2) for infringement of the right referred to in paragraph 1, the regional office in the transferred

the scope of a fine in the amount of Czk 500 000, even repeatedly.



(3) a fine is possible to save up to one year from the date, when the Regional Office

learned about the infringement of the right in the field of the administration of State border, no later than

However, within three years from the date when the infringement of the right occurred. When saving

the fines to take account in particular of the seriousness, method of implementation, the duration of the

and the consequences of infringement.



(4) the fine levied, and enforced by the authority.



(5) the Proceeds of the fines is the income of the region.



PART THE SECOND



The amendment of the law on misdemeanors



§ 19



Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992 Coll.,

Act No. 344/1992 Coll., Act No. 359/1992 Coll., Act No. 67/1993 Coll.

Act No. 290/1993 Coll., Act No. 134/1994 Coll., Act No. 82/1995 Coll.,

Act No. 237/1995 Coll., Act No. 279/1995 Coll., Act No. 289/1995 Coll.,

Act No. 111/1998 Coll., Act No. 168/1999 Coll., Act No. 360/1999 Coll.

Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll.

Act No. 151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000 Coll.

Act No. 370/2000 Coll., the finding of the Constitutional Court No 52/2001 Coll., Act

No. 164/2001 Coll. and Act No. 254/2001 Coll., is hereby amended as follows:



section 44, including the title:



"§ 44



Violations of the administration of State border



(1) the Offence is committed by one who



and destroy damaged) improperly repositions or removes illegally

border character or equipment in the course of national borders,



(b)) wrongly into the frontier hit the bar or free circular areas

or to the banks of the watercourse or the water flow to the frontier or border

path, if the clarity during the national borders or

If it changes their position, or



(c)) does not allow or otherwise impedes the entry of the person concerned, or power of entry and

work in the management of the State border.



(2) for the offence referred to in paragraph 1 (b). and (b))) and can be a fine 15

000 CZK and the offence referred to in paragraph 1 (b). (c)) to a fine of 5 000 CZK. ".



PART THE THIRD



COMMON AND FINAL PROVISIONS



section 20



Use of data from the land registry



To provide an overview of real estate for the purposes of the administration of State border

the Ministry is authorised to use data from the land registry free of charge

^ 5) real estate.



section 21



Cancellation provisions



Shall be deleted:



1. Law No. 245/1921 Coll., and n., on State borders.



2. Government Regulation No. 237/1937 Coll. and n., establishing their

the period of rozhraničovacích the provisions of international treaties.



section 22



The effectiveness of the



This law shall enter into force on 1 January 2005. January 1, 2002.



Klaus r.



Havel in r.



Zeman in r.



Annex 1



Pattern OVAL Board



The minimum dimensions of the oval boards are 530 mm height 720 mm width and.



Annex 2



Model licence

+------------------------------------------+------------------------------------------+

| The Ministry of Interior of the Czech Republic | |

| | |

| License No....... | The holder of this certificate is entitled to: |

| | and the entry or entrance) traffic |

| Name, surname:...................... | means and other equipment on |

| | the land, for the purpose of carrying out the tasks |

| ID card number | in the administration of the State border by |

|........................ | Act No. 312/2001 Coll., on State |

| | borders |

| Employer:........................ | (b)) to use real estate to the establishment, |

| | moving or deleting |

| The validity of the licence:.................. | the designation during the border |

| | maintenance of the port of bar and free |

| Release date:......................... | circular areas or for maintenance |

| | the designation during the border |

| ......................... | According to Act No. 312/2001 Coll., on |

| Name, last name, and features | the State borders. |

| handwritten signature | |

| authorised persons and official | |
| stamp | |

| | |

| This card is valid only with the civic | |

| ID card. | |

| | |

| ......................... | |

| cardholder's signature | |

| | |

+------------------------------------------+------------------------------------------+



1) Law No. 334/1992 Coll., on the protection of agricultural land resources in

as amended.



2) Law No. 359/1992 Coll., on the survey and cadastral bodies, in

as amended.



3) the Treaty between the Czechoslovak Socialist Republic and the Austrian

Republic on the common borders of 21 June. December 1973

published under no. 95/1975 Coll., Treaty between the Czech Republic and

The Federal Republic of Germany on the common borders of 3 June.

November 1994, published under no. 266/1997 Coll., Treaty between the Czech

Republic and the Republic of Poland on the common borders of

January 17, 1995, published under no. 181/1996 Coll., the agreement between the Czech

Republic and the Slovak Republic on the common borders of the

4 March. January 1996, published under no. 246/1997.



4) for example, Act No. 13/1997 Coll. on road traffic, as amended by

amended, Act No. 50/1976 Coll., on zoning and planning

building code (the building Act), as amended, law No.

44/1988 Coll., on the protection and use of the mineral wealth (the top Act),

as amended, law No. 334/1992 Coll., on the protection of

agricultural land fund, as amended, law No.

114/1992 Coll., on nature and landscape protection, as amended

regulations.



5) Law No 344/1992 Coll., on the land register of the Czech Republic

(Land Registry Act), as amended.