88/2014 Sb.
LAW
of 23 December 2003. April 2014,
amending the law No 170/2002 Coll., on war veterans, as amended by
amended
Parliament has passed the following Act of the United States:
Article. (I)
Law No 170/2002 Coll., on war veterans, as amended by Act No.
190/2005 Coll., Act No. 70/2007 Coll., Act No. 308/2008 Coll. and Act No.
375/2010 Coll., shall be amended as follows:
1. section 2, including the title.
2. in section 3, paragraphs 1 to 3 shall be added:
"(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. ".
3. In article 3, after paragraph 3, insert a new paragraph 4 is added:
"(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. ".
The current paragraph 4 shall become paragraph 5.
4. in article 3, the following new paragraph 3a, including the title reads as follows:
' 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 not be corruption. ".
5. § 4 and 5, including headings and footnotes # 1 d and 4 are added:
"§ 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 military Office of the Ministry of social security, depending on the
their financial capacity to provide allowances in the amount
which contributes to the catering under other legislation, and
ensure company catering in custom catering
According to the budgetary rules; allowances pursuant to this
the law cannot provide the war veteran, to its contribution to the
Dining already provided otherwise,
(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.
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.
4) Act No. 115/2006 Coll., on registered partnership and amending
some related laws, as amended. ".
6. in paragraph 6 of the heading reads: "Home care for Veterans".
7. In paragraph 6 (1). 1, after the word "home", the words "taking care of war
classic cars (hereinafter referred to as "home") ".
8. In section 6 (1). 2, the last sentence is replaced by the phrase "by analogy with the
the provisions also apply to a spouse, companion or partner ^ 4) war
veteran. ".
9. In paragraph 7 (2). 2 in the second sentence the words "civil association referred to in §
4 (b). (b)) "shall be replaced by" the Association referred to in section 8 (b). (b)), "in a sentence
third, the words "certified copy" shall be replaced by the word "copy" and the last
shall be replaced by the phrase "war veteran is applying for admission to the home and
for a spouse, companion or partner ^ 4), with their consent. "
10. in article 7, paragraph 3 is added:
"(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 ".
11. in paragraph 7, the following paragraph 5 is added:
"(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 has become final. ".
12. section 8 including the title reads as follows:
"section 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. ".
13. under section 8, the following new section 8a, including footnote # 5
added:
"§ 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.
5) § 18 para. 1 of law No 111/2009 Coll., on basic registers, in
as amended. ".
14. Annex 1 shall be deleted and shall be deleted at the same time marking Annex No. 2.
15. the annex to read as follows:
"Appendix to Act No. 170/2002 Sb.
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 ".
Article. (II)
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.
Article. (III)
The effectiveness of the
This Act shall take effect on the first day of the calendar month
following the date of its publication.
in from Arvind v. r..
Zeman in r.
Sobotka in r.
