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.
