On Compensation For Victims Of The Occupation Of Czechoslovakia By The Armies Of The Soviet Union, East Germany, Plr, Mrls, Blr

Original Language Title: o odškodnění obětí okupace ČSSR vojsky SSSR, NDR, PLR, MLR, BLR

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=60127&nr=203~2F2005~20Sb.&ft=txt

203/2005 Sb.



LAW



of 3 July 2003. May 2005



on the compensation of some of the victims of the occupation armies of the Union

of Soviet Socialist Republics, the German Democratic Republic,

Polish people's Republic, the Hungarian people's Republic and the Bulgarian folk

of the Republic of



Change: 491/2009 Sb.



Parliament has passed the following Act of the United States:



§ 1



The purpose of the law



The purpose of the Act is to compensate citizens of the Czech Republic who as citizens of

The Czechoslovak Socialist Republic or the citizens of the Czechoslovak

Federal Republic or citizens of the Czech and Slovak Federal

Republic of China (hereinafter referred to as "Czechoslovak citizens") were put to death, raped

or injured in connection with residents occupying armies of Soviet

Socialist Republics, German Democratic Republic, the Polish people's

Republic, the Hungarian people's Republic and the people's Republic of Bulgaria to the

the territory of the former Czechoslovakia.



§ 2



(1) a person authorized under this Act is a natural person who:



and) was in the period from 20. August 1968 up to 27. June 1991, injured or

raped by a national of one of the occupation armies or civil person

holding territory in connection with the stay of occupation

armies,



(b)) was injured or raped in the territory of Czechoslovakia,



(c)) at the time of injury or rape was a Czechoslovak citizen,



(d)) for injury or rape a member of some of the army of occupation

or civil person shall mean, in the territory of Czechoslovakia in the context

with the stay of the occupation armies has not been compensated by another legal

Regulation ^ 1) or on the basis of Government resolution ^ 1a) the same amount of money,

as is the amount referred to in section 4, paragraph 4. 2, or higher.



(2) If a person Died that meets the conditions referred to in paragraph 1,

persons authorized under this Act, children and spouse; If they are not

persons entitled children and husband, become beneficiaries of the

the parents of the person meeting the conditions referred to in paragraph 1.



(3) persons authorized under this Act are the children and husband of a physical

the person who:



and) was in the period from 20. August 1968 up to 27. June 1991 killed

some of the national occupation armies or civil person holding

territory in connection with the stay of the occupation armies

or injury caused by a national of a certain messiness of occupation

armies or civil person shall mean, in the territory of Czechoslovakia

connection with the residents occupying armies,



(b)) was killed or injured, causing death in Czechoslovakia

and



(c)) at the time of death or injury resulting in death was the Czechoslovak

citizen.



(4) unless the persons entitled under this Act, the kids and the husband

the person who has fulfilled the conditions referred to in paragraph 3, they become eligible

the parents of the person meeting the conditions of persons referred to in paragraph 3.



(5) if any of the persons fulfilling the conditions referred to in paragraph 3, or

paragraph 4 shall be compensated for death or injury resulting in the death of a spouse,

the child's parents or by other legislation "^ 1") or on the basis of

Government resolution ^ 1a) cash amount equal to the amount referred to in section

4 (4). 1, or higher, according to the permissions of this Act does not arise.



(6) the spouse is a beneficiary, (paragraph 2 and 3), if the marriage lasted

with the affected at the time of his disability.



§ 3



(1) an authorized person shall be entitled to grant a lump sum of money

(hereinafter referred to as "claim"), if they are citizens of the United States; condition

citizenship of the United States shall be deemed to be fulfilled if the citizenship takes

on the day of application for the granting of a lump sum of money.



(2) the Claim must be redeemed in the form of a written request to the authority

the decision by 31 December 2002. in December 2006, otherwise entitlement

ceases to exist.



§ 4



(1) the total of persons entitled to claim under section 2 (2). 3 and 4 of this Act,

is 150 000.



(2) the total entitlement of persons entitled pursuant to § 2 (2). 1 and 2 of this Act,

shall be:



and $70 000) left-if injury or permanent damage, rape



(b)) 30 000 in other cases.



(3) the amount of the claim provided for in paragraphs 1 and 2 shall be reduced by the amount that

was the beneficiary in accordance with the purpose referred to in paragraph 1 prior to payment

of the claim provided as compensation on the basis of other legal

"^ 1" legislation) or on the basis of Government resolution ^ 1a).



§ 5



(1) the entitled person in writing of the claim by the Ministry of the Interior.



(2) a claim can be proved a medical report, death certificate, testimonial

the testimony of at least two witnesses or by other means.



(3) for the provision of a lump sum of money and is decided by the one-time

the amount shall be paid by the Interior Ministry.



§ 6



(1) proceedings under this Act shall be initiated upon the proposal of a competent person.

Claim in a timely manner, if it has not been decided or if

a lump sum of money has been paid, in case of death

authorized person on her heir.



(2) this procedure applies, unless this Act provides otherwise, the

the administrative code ^ 2).



(3) against the decision of the Ministry of the Interior to grant the one-time

a sum of money to the proper remedies in administrative management

do not allow.



(4) an action against a decision of the Ministry of the Interior to grant

a lump sum of money by a special Act ^ 3) is locally

the regional court in whose area the applicant is resident,

where appropriate, in whose district he resides.



§ 7



(1) proceedings under this Act is exempt from administrative fees.



(2) a lump sum of money granted under this Act is not subject to

tax on income of individuals and does not include the income decisive for

the purpose of the benefits of State social support and social care.



(3) the costs of a lump sum of money paid by the State.



(4) Compensation under this Act shall not prejudice the rights of victims

to claim compensation against other States.



(5) the State authorities, legal and natural persons are required, at the request of the

The Ministry of Interior to provide free of charge documentation necessary to demonstrate the

the claim and to develop the necessary cooperation.



§ 8



This Act shall take effect on the date of its publication.



Fort Worth Star Telegram in r.



Klaus r.



Paroubek in r.



Selected provisions of the novel



Article. (II) Act No. 491/2009 Sb.



Transitional provision



Claims based on article 4(1) of this Act. And it is necessary to apply in the form of

a written request with the Ministry of internal affairs not later than 31 December 2006. December 2010,

otherwise, the claim shall be extinguished.



1) Decree No. 11/1969 Coll., on the Agreement between the Government of the Czechoslovak

Socialist Republic and the Government of the Union of Soviet Socialist

the republics about conditions temporary stay of Soviet troops on the territory of the

The Czechoslovak Socialist Republic.



1A) resolution of the Government of the Czech and Slovak Federal Republic of 19 November 2002.

December 1991 No 822 on the principles for compensation for survivors after victims

entry, stay and departure of the Soviet troops and citizens injured on

health in the context of the entry, stay and departure of the Soviet troops.



2) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by

amended.



3) Act No. 150/2002 Coll., the administrative court rules, as amended

regulations.