Of War Veterans

Original Language Title: o válečných veteránech

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=53408&nr=170~2F2002~20Sb.&ft=txt

170/2002 Sb.



LAW



of 9 June. April 2002



of war veterans



Change: 190/2005 Sb.



Change: 70/2007 Sb.



Change: 308/2008 Sb.



Change: 375/2007 Sb.



Change: 88/2014 Sb.



Change: 250/2014 Sb.



The preamble to the



Bearing in mind the moral appreciation of men and women who deploy custom

lives fought for the homeland, defend the values of freedom and democracy and

wishes to recall the ideals of patriotism, honor and bravery of all citizens,



Parliament has passed the following Act of the United States:



§ 1



The subject of the edit



This law regulates the conditions for issue of the certificate of a war veteran and

the tasks of the Ministry of defence (hereinafter referred to as "the Ministry") in the area of care for

war veterans; also regulates the security war day celebrations

Veterans of other celebratory events with the participation of piety and war

Veterans and the appointment of war veterans in the higher military ranks.



§ 2



cancelled



§ 3



War veteran



(1) a war veteran is a citizen of the United States, which, after 8.

May 1945 as a soldier in active service, a national army, which in

the time was considered to be an army or allied member

Army of the State of which the Czech Republic legal successor (hereinafter referred to as

"soldier"), or as a member of the Security Corps held a service



and) continuously for at least 90 calendar days in the foreign mission in

the site of an armed conflict or in place with significantly impaired

the security situation,



(b)) in the aggregate at least 360 calendar days in other foreign

missions than those mentioned under (a)), which took place on the basis of

the decision of the international organization of which it is a member of the Czech Republic;

the shortest time credit pursuant to this provision, however, shall be at least

90 days of continuous service performance, or



c) individually in foreign missions for less than the period referred to in

(a)), or (b)), where, however, the total period of service after mutual count the

is at least 360 calendar days; the period of performance of the service in place

the armed conflict or in place with significantly impaired safety

situations, shorter than the time listed under point (a)), in this case to

the total period of service counts four times, if after this conversion

at least 90 days.



(2) a war veteran is also a citizen of the Czech Republic, which

as an employee of the central body of State administration, the Security Corps

or armed forces (hereinafter referred to as "employee") to perform tasks in a place

the armed conflict or in place with significantly impaired safety

situations or in another foreign mission, for the period specified in paragraph

1 (b). a), b) or (c)).



(3) A war veteran is not a soldier or member of the

the Security Corps, even if it meets the conditions referred to in paragraph 1, if the

He was finally sentenced to imprisonment for

an offense committed in connection with the performance of the services referred to in paragraph 1

He has been sentenced or loss of military rank. A war

veteran or soldier is not considered further, if he ceases business ratio

detention, national security or the rank of the College, if he was

saved a disciplinary penalty of rank. A war veteran

It is not considered or employee, even if it meets the conditions referred to in paragraph

2, when he was finally sentenced to imprisonment

for an offense committed in connection with the exercise of the tasks referred to in paragraph 2.



(4) The period referred to in section 3, paragraph 3. 1 you cannot set off a period of service or the performance of

tasks that have been executed in favour of the acting in violation of the

with the principles of a democratic society that respects citizens ' rights

expressed in the United Nations Charter, the Universal Declaration of

human rights and the related international pacts on civil,

political, economic, social and cultural rights.



(5) a war veteran is also a citizen of the United States, which was

participant in the national struggle for liberation from 1939 to 1945 and is

the bearer of a certificate pursuant to section 1 (1). 1 (b). a) to (f)) of Act No. 255/1946

Coll., on members of the Czechoslovak army abroad and about some of the

other participants in the national struggle for liberation, as amended

regulations.



section 3a



The removal of the hardness of the law



(1) the Minister of defence may, by written and reasoned request for

the removal of the hardness of the law, decide that for a war veteran

is regarded as the person who



and did not fulfil the conditions referred to in) § 3 (1). 1 (b). and) because

foreign mission was terminated before the expiry of the 90 days,



(b) did not fulfil the conditions referred to in) § 3 (1). 1 (b). a) or b), if, in

during the foreign mission has carried out extremely meritorious act, or



(c) did not fulfil the conditions referred to in) § 3 (1). 1 (b). a) or b), if, in

during the foreign mission suffered no fault personal injury,

as a result of her participation in the foreign mission was terminated.



(2) the decision on the request referred to in paragraph 1 may be made.



§ 4



The certificate of a war veteran



(1) a certificate of a war veteran, the Ministry issued on the basis of the written

the application of the persons referred to in § 3 para. 1 and 2. In addition to the request

laid down in the administrative regulations, contains the place of birth, country of citizenship and

or rank or official rank with hodnostním designation. The applicant

further, indicating the place and time of the service or the performance of the tasks in missions, and if he

issued a certificate of participation in the national struggle for liberation by another

^ Law 1-d), indicating the number of the certificate.



(2) the Ministry of the control checks whether the conditions for the issuing

the certificate of a war veteran. If these conditions are satisfied, it shall issue

the certificate of a war veteran.



(3) the Ministry of the Interior or the central State administration bodies shall provide the

the Ministry of information necessary to verify compliance with the conditions for the issue of

the certificate of a war veteran members of security corps, or

employees.



(4) in contentious cases, the Ministry of Foreign Affairs at the request of

the Ministry has issued an opinion in which determines whether it is a mission in the

the site of an armed conflict or in place with significantly impaired

the security situation or any other foreign mission, what was the place and time of

the duration of this foreign mission and whether the army, in which the person at a time

applicable to the issue of the certificate of a war veteran held a service was

or is the Allied army.



(5) a certificate of a war veteran has a rank or a business title

with hodnostním designation, title, name, surname, place and date of birth,

data on the performance of the service or the performance of the tasks and on the stamp, the date and

signature of authorized official persons. The model of a war veteran is

listed in the annex to this Act.



§ 5



Allowances, assistance in integrating into civilian life and

financial support



(1) the war veteran, who



a) is the holder of a certificate under the Act on members of the Czechoslovak

Army abroad and about some of the other participants in the national struggle for

exemption or is a beneficiary of the benefits the pension insurance, which pays off

the authority of the Ministry of social security, the Ministry of the

Depending on their financial capabilities to provide a contribution to the

dining in the amount that you contribute to the catering according to another

legislation, and provide catering in own

catering facilities according to the budgetary rules; post on

meals under this Act cannot be provided to the war veteran,

If he's already provided allowances from another title,



(b)) is a soldier or an employee of the Ministry, provides the Ministry in

If necessary, assistance in the integration into civilian life,

psychological care and allows him to stay in military accommodation

device for the period required to overcome its difficult social situation,

but no longer than for one year.



(2) a War veteran and his spouse, companion or partner ^ 4)

the Ministry if necessary and depending on their health

the State provide financial support to the Spa rehabilitation clinic

care or vacation. Financial support for the Spa hospital

rehabilitation care cannot be provided to those war veterans who have

the ability to get similar support from their work or service

ratio.



Section 5a



The appointment of war veterans in the higher military ranks



(1) a war veteran who is a soldier by profession, or a soldier in

backup ^ 1e), may be appointed to a higher military rank just by

another law ^ 1f).



(2) a war veteran, which lapse conscription ^ 1 g), it can be

appointed to a higher military rank. To a higher military rank, you can

a war veteran and posthumously.



(3) a war veteran under paragraph 2 shall be appointed to the rank of General

President of the Republic on the proposal of the Government and to other military ranks

the Minister of defence.



(4) for the appointment of a war veteran to a higher military rank,

not apply the administrative code.



§ 6



Home care for Veterans



(1) in the home caring for war veterans (hereinafter referred to as "home") is provided


in particular, housing, food, maintenance and services, residents United and in

If necessary personal equipment. Care is provided in the form of permanent or

a temporary stay. Temporary stay means temporary residence

a war veteran in the home of at least 7 consecutive

calendar days and a maximum of 12 consecutive calendar months.



(2) a war veteran is involved in the recovery of the costs of housing, food and

the service. The amount of this share shall be decided by the Ministry on the basis of

established revenue of a war veteran. After the payment of the cost share for

housing, meals and services must reach the veteran to remain at least 15%

his income. For the purposes of payment of the income is the income accruing under the law on

life and the subsistence minimum of ^ 1 h). Tv is not care ^ 2).

Similarly, this provision also apply to a spouse, companion or partner ^ 4)

a war veteran.



(3) determine the amount of the costs referred to in paragraph 2 and the way their payment and

in cases where the reimbursement of costs is not required, provides the Ministry of

by Decree.



(4) Organization home organization, which regulates issues

by the Ministry.



§ 7



Acceptance, interrupts and their stay at home



(1) can be taken to the home of a war veteran, which due to its

health and social conditions in need of care in the home.

Disability exclusive admission to the home provides the Ministry of

by Decree.



(2) a war veteran is accepted into the home on the basis of a written application

submitted to the Ministry. Applications may be made whether or not the provider of health

services or association referred to in section 8 (b). (b)); in these cases, it is necessary

part of the application the written consent of a war veteran with a location in

the home. The application shall be accompanied by a copy of the certificate of a war veteran and

observations of the physician about the health of the applicant. War veteran served

application for admission to the home and a husband, partner or partner ^ 4), with the

their consent.



(3) in cases worthy of special attention, especially from health

reasons, the Ministry of the home take a war veteran with

her husband, a kind of or partner ^ 4). In the event of the death of a war veteran

the spouse, companion or partner ^ 4) in a home leave, provided that

so requests. If the application for admission to the home, the duration of stay

and the decision is not made out in writing.



(4) if so requested by a war veteran on the suspension or termination of the stay in

home, the Ministry of a request. If a war veteran

meet the conditions for admission to the home pursuant to paragraph 1, the Ministry of

shall decide on the suspension or termination of the stay at home.



(5) the Ministry may decide that the home can be exceptionally

to accept another person than of a war veteran, if it is not populated

the capacity of the home. It must, however, be a person who, due to their

health and social conditions in the home and in need of care does not suffer from

disabilities, which excludes its acceptance into the home. This

the person, however, can only accept home on temporary stay and the conditions

full payment of the actually expended by the financial cost. The Ministry of

This person may stay in the decision to terminate the case where occupied bed

needs for a war veteran or of his spouse, partner or

Partner ^ 4). A stay in this case cannot be terminated before

the expiry of the last day of the month following the month in which the

the decision came into force.



§ 8



The tasks of the Ministry of



The Ministry of



and) gives the persons referred to in section 3, paragraph 3. 1 and 2 of the certificate of a war

veteran and keeps records of certificates issued,



(b)) allows the associations, which are made up mostly of veterans,

free use of the objects with which they farm Ministry and legal

the person it established, to operate schůzové activities or organizing

cultural and social events,



(c)) provides Veterans Day celebrations and can ensure

festive and commemorative events with the participation of war veterans, especially for

the occasion of public holidays and significant anniversaries for the participation of the armed forces

in armed conflicts and peacekeeping operations,



(d)) shall be set up and managed by the homes,



e) decide on the acceptance of a war veteran, and his spouse, partner or

^ 4) partner and other persons specified in § 7 para. 5 to the home and decides

about the suspension or termination of their stay in the home.



§ 8a



(1) for the execution of the authority under this Act, the Ministry uses



and from the base) a reference population register ^ 5),



(b) from the information system) data of population register.



(2) development of information pursuant to paragraph 1. and) are



and) surname,



(b) the name or names),



(c)) of the date, place and County of birth; for the data subject, who was born in

abroad, the date, place and the State where he was born,



(d) the address of the place of stay)



(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory

The United States, date of death, place and the State on whose territory the death

has occurred; If it is issued the Court's decision on the Declaration of death, day,

that is the decision, listed as the day of death or the day that did not survive, and

date of legal effect of this decision,



f) nationality, or more of State citizenship.



(3) development of information referred to in paragraph 1 (b). (b)) are



and the name or names), surname, maiden name,



(b)), the date and place of birth,



c) country of citizenship,



(d) the address of the place of residence),



e) deprivation of legal capacity,



(f)) of the date, place and County of death; in the case of deaths outside the United

Republic, the date, place and the State on whose territory the death occurred,



g) day, who was in the Court decision on the Declaration of death listed

as the day of death or the date on which the data subject is declared dead

did not survive.



(4) from the collected data can be used in a particular case only such

the data which are necessary for the performance of the task.



§ 9



The effectiveness of the



This Act shall take effect on the date of publication.



Klaus r.



Havel, v. r.



Zeman in r.



Annex



MINISTRY OF DEFENCE OF THE CZECH REPUBLIC

Evid. No.



THE MODEL OF A WAR VETERAN

According to § 4 of the law No 170/2002 Coll., on war veterans, as amended



The Department of Defense issued a certificate stating that



rank or a business rank with hodnostním designation,

title, name and surname................................,



place and date of birth................................,



a citizen of the United States, it is



WAR VETERAN



Appointed has fulfilled all the conditions for granting the status of war veteran.



Data on the performance of the service or the performance of the tasks in the different missions for issue of the certificate:



V Praze dne ..........................................



The authorized official person



Stamp



Č. 2



cancelled



Selected provisions of the novel



Article. (II) Act No. 88/2014 Sb.



Transitional provisions



1. The performance of services of a soldier and member of the security forces shall

compliance with the conditions of a war veteran and initiated prior to the date of acquisition

the effectiveness of this law shall be assessed according to the law No 170/2002 Coll., on

the version in force before the date of entry into force of this Act.



2. in the case of the employee under section 3 (1). 2 of law No 170/2002 Coll., as amended by

This law, the term of carrying out a task outside the territory of the Czech Republic

counted from the date of entry into force of this Act.



3. The soldier and national security corps that fulfilled the conditions

a war veteran under Act No. 170/2002 Coll., in the version in force prior to the

the effective date of this Act, for the purpose of issuing a certificate

war veteran to be judged according to the law No 170/2002 Coll., as amended by

effective before the date of entry into force of this Act.



1) section 18 (a). c) of Act No. 221/1999 Coll., on the soldiers of the occupation.



1A) § 42 para. 1 (b). e) Act No. 361/2003 Coll., on the prison service

members of the security forces.



1B) § 48 para. 8 of law No. 218/2000 Coll. on budgetary rules and the

changes to some related acts (budgetary rules).



section 8 of Act No. 198/1993 Coll., on the illegality of the Communist regime and the

resistance against it.



1 c) section 69 of the Act No. 218/2000 Sb.



1 d) Act No. 255/1946 Coll., on members of the Czechoslovak army in the

abroad, and about some of the other participants in the national struggle for

the exemption, as amended by Act No. 101/1964.



1E) section 26 of Act No. 585/2004 Coll. on conscription and its

provision (military law).



1F) Act No. 221/1999 Coll., on professional soldiers, as amended

regulations.



Act No. 220/1999 Coll., on the progress of the base or replacement services, and

military exercises and on certain legal conditions of soldiers in reserve, in

as amended.



1 g) of section 2 and 7 of Act No. 585/2004 Coll.



1 h) Act No. 110/2006 Coll., on life and the subsistence minimum, as amended by

amended.



2) section 7 of Act No. 108/2006 Coll., on social services.



3) administrative code.



4) Act No. 115/2006 Coll., on registered partnership and amending


some related laws, as amended.



5) § 18 para. 1 of law No 111/2009 Coll., on basic registers, in

as amended.