On The Sign-In And Discovery Of War Damage

Original Language Title: o přihlašování a zjišťování válečných škod

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=11880&nr=54~2F1945~20Sb.&ft=txt

54/1945 Coll.



DECREE



the President of the Republic



of 31 March 2004. August 1945



on the sign-in and discovery of war damage and the damage caused by

the extraordinary conditions



Change: 116/1949 Coll.



On the proposal of the Government establishes:



§ 1



(1) in accordance with this Decree is examined to determine damages, which at the time after

September 17, 1938, Czechoslovak citizens suffered in the perimeter of the Czech countries

and Moravian-Silesian or abroad to life, body or health

(killing, imprisonment, internováním, deportováním, bad management

, etc.) or theft, the introduction of outside national territory, I

destruction, damage or loss of movable assets or jinakou

immovable, or by other means (of earnings, income, etc.)

these damages have been caused by



and any war crime or) jinakým measure some warring

Parties, its combat units or members



(b) the temporary occupation of the territory), the Czechoslovak authorities of occupation

States or the authorities acting on their orders, for reasons of persecution

political, national or racial, or



(c) the actions of the Organization of the State) the terrorist enemy or people

publicly hazardous.



(2) under the same assumptions are examined and also damage caused by

legal persons or other people and property files podstatám,

whose headquarters are in Czech or Moravian-Silesian country circuit.



§ 2



(1) the valuation of the damage is to the detriment of the visor, which actually arose and was

caused by the factors referred to in § 1 (1). 1.



(2) damage to property valued by purchase price is usually the case in the

the effective date of this Decree; If you cannot follow these steps should damage,

is to take as a basis the General Prize at a time when the damage occurred.



(3) for the valuation of other damage is usually standard the statutory

the claim for compensation in this or a similar case in accordance with the laws of the

applicable on the date of effectiveness of this Decree.



(4) the Detailed guidelines for the award of such damages shall issue to the Ministry of the Interior

in agreement with the participating ministries.



§ 3



(1) an inventory of the damage and an investigation carried out by the district national committees.



(2) the District National Committee, competent pursuant to § 6 paragraph 1. 2 to the adoption

the application shall, within 10 days after the expiry of the period referred to in section 6 (1). 3,

a copy of the applications submitted by him after making the necessary

a preliminary review by the Ministry of Interior directives directly

The State Statistical Bureau.



§ 4



(1) a registered damage makes the District National Committee needed

the investigation, in particular the management of audit evidence. Tested application (second copy)

with papers (section 7 (3)) shall submit to the competent District National Committee

the joint commissions, to whom the finding of damages (§ 5).



(2) the Joint Commission will arrange as desired, need to supplement the investigation, whereupon

detects damage in each case according to the provisions of § 2 and writes

your opinion in the application. Opinion of the Commission, the party does not share.



§ 5



(1) Joint Commission (the Commission) shall be in the district national committees.

Work connected with the activities of the Commission handles the District National Committee,

which are established by the Commission.



(2) each Commission consists of:



1. a representative of the District National Committee, in which it is established, as

the President,



2. a representative of the District Tax Directorate,



3. from the expert, which summons forth the Chairperson of the Commission of persons marked him

the District National Committee for each of the types of damage; This member

the Commission, if it is not a civil servant, takes the Chair before you start

negotiations to vow that it will scrupulously and impartially perform their

obligations.



(3) to the hearing, the Commission Chairman may přibrati for more reliable and

impartial experts with advisory voice.



(4) for the hearing, the Commission shall apply mutatis mutandis, if this Decree does not

otherwise, the rules on proceedings in cases belonging to the scope of the

political offices.



(5) the Commission shall not be valid unless in the presence of all the members and decides

a majority of the votes.



(6) the members of the Commission Function is Honorary.



(7) the Member of the Commission, who is not a civil servant, he shall be entitled, if the

does not have a permanent residence at the seat of the Commission, to compensation actually paid

required from his place of residence to the seat of the Commission and the

compensation for necessary expenses connected with the actual eating outside the home and

overnight. Must be dbáti the necessary efficiency in public administration.

Fare means a fare up to II. class fare for train or

the use of another mass public transport (bus,

the ship). Compensation for these actual expenses may, Ministry of the Interior

paušalovati, in agreement with the Ministry of finance. Compensation is paid from the

State funds after the submission of the duly documented the travel account

which modifies the regional National Committee. If the Member of the Commission is the State

an employee, is postupovati according to the rules in force for the State

employee.



§ 6



(1) proceedings for the inventory, testing and discovery of damage shall be implemented only on the

the basis of the application. To the filing of the application is entitled to a damaged, or

legal successor, and if not known, the person who manages damaged property,

otherwise, the local National Committee. The application to the party assets that have been

confiscated, secured or is in State administration or is put under

National Authority, shall he who at the beginning of the effectiveness of the decree is

the property owned, in management or to ensure, otherwise

the local National Committee. The application or the damage inventories that were submitted before the

at the beginning of the effectiveness of this Decree, are not the basis for the introduction of the procedure.



(2) the application shall be filed with the District National Committee, in whose district has

side of their residence (registered office). If a party is domiciled in the perimeter of the country

Czech and Moravian-Silesian, shall submit an application to the District National Committee, in

the area was the last place of residence. Not a party domiciled in

countries, the Czech and Moravian-Silesian, shall submit an application to the Ministry of the Interior.



(3) the application must be filed no later than 21 days from the effective date

This Decree, otherwise it will not be taken into account to it. However, if the party proves,

that was unable to administer the application within the time limit for the serious obstacles can be

taken into account as well as the application for registration filed later.



§ 7



(1) the application shall be filed in duplicate on forms whose

pattern provides for the Ministry of the Interior.



(2) Application has obsahovati, in particular:



and) personal and social security data corrupted and the applicant (section 6 (1)),

their place of residence/registered office), ethnicity and nationality,



(b) a precise description of the damage) with an indication of when, where, by whom, how and

what circumstances was due,



c) indication of the means of proof § (an official certificate, written testimony,

designation of witnesses, photographs, etc.),



(d)) the amount of damage, as well as the amount and type of desired refund, in particular whether

requires return of stolen or zavlečeného property, or the other thing

of the same type, quality and price you need to beheld



e) a statement indicating whether, when and where the party previously filed application

If you received a refund, or backup support, and in what amount, or if it

shame replaced totally or partially otherwise.



(3) the documents that the party has at hand, be attached in the annex to

the application form, if possible in the certified copy.



§ 8



(1) the filing of the application, examination and discovery of damage there is no side

a legal claim for damages.



(2) adjusting the compensation reserve the special provisions.



§ 9



Courts, offices and other public administration bodies are obliged to interact when you

the implementation of this Decree.



§ 10



Who in the application or in the control of her will make knowingly false information or

However, that is operating on a different incorrect information or other Act

He broke the correctness of the investigation will be punished-unless an offense punishable

Court-the District National Committee for the offense by a fine of up to 50 000 K

or a penalty of imprisonment up to 6 months, or to both such penalties. If it was

a fine, either for its impregnable case at the same time saved

spare a prison sentence according to the degree of fault, within the limits of the rate of punishment on the

freedom. If it was in addition to the fines and imprisonment is saved, not punishment

freedom together with the penalty of a prison přesahovati the highest bound rates

the sentence on the loose.



§ 11



This Decree is valid only in the countries of the Czech and Moravian-Silesian and shall take

the effectiveness of the eighth day after its publication; It makes the Minister of the Interior in the agreement

with the participating Ministers.



Dr. Edvard Beneš in r.



Fierlinger in r.



Nosek in r.