310/2002 Sb.
LAW
of 13 October. June 2002,
amending Act No 148/1998 Coll., on the protection of classified information
and amending certain laws, as amended, law No.
101/2000 Coll., on the protection of personal data and on amendments to certain laws, as
as amended, Act No. 18/1997 Coll. on peaceful uses of
of nuclear energy and ionizing radiation (the Atomic Act) and on the amendment and
to certain laws, as amended, law No.
38/1994 Col., on foreign trade with military material and
Act No. 455/1991 Coll., on trades (Trade Act),
in the wording of later regulations, and Act No. 140/1961 Coll., the criminal code,
as amended, Act No. 283/1993 Coll., on the State
the Prosecutor's Office, in the wording of later regulations, and Act No. 42/1992 Coll., on the
modify the property relations and the settlement of property claims in cooperatives,
as amended
Change: 436/2003 Coll.
Change: 413/2005 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
cancelled
Article. (I)
cancelled
Article II
cancelled
Article. (III)
cancelled
PART TWO
Amendment of the Act on the protection of personal data
Article IV
In section 3, paragraph 3. 6 (a). d) of Act No. 101/2000 Coll., on personal data protection
and amending certain laws, as amended by Act No 227/2000 Coll., Act No.
177/2001 Coll. and Act No. 450/2001 Coll., the words "safety
checks, "the words" and security authentication
natural persons ".
PART THREE
Amendment of the law on the peaceful uses of nuclear energy and ionizing radiation
(Atomic Act)
Article. In
Act No. 18/1997 Coll. on peaceful uses of nuclear energy and
ionizing radiation (the Atomic Act), and amending and supplementing certain
laws, as amended by Act No. 82/1998 Coll., Act No. 71/2000 Coll., Act
No 132/2000 Coll. and Act No. 13/2002, is amended as follows:
1. in section 17(2). 1 letter i) including footnote No. 9) and 9a):
"i) ensure performance objectives only by persons meeting the
the conditions of special technical qualifications, and physically and mentally
eligible and for persons carrying out sensitive activities according to the specific
^ law 9a) to validate security eligibility in a manner according to the
a special legal regulation, ^ 9)
9) Act No. 148/1998 Coll., on the protection of classified information and amending
certain acts, as amended.
9A) § op.81B para. 3 of Act No. 148/1998 Coll., as amended by law no 310/2002
Coll. ".
2. in section 18 para. 1 the letter l) is added:
"l) verify security eligibility in a manner according to a special
^ Law 9) for persons carrying out sensitive activities according to
special legal předpisu9a) and to verify the integrity of employees and
people handling nuclear materials I and II. category,
ensuring the physical protection of nuclear facilities and nuclear
materials, entering unaccompanied into the inner space of nuclear
device and to ensure that only those persons exercise, control and
check the activities and to enter the internal and protected
space nuclear device ".
3. In section 39 paragraph 2 reads as follows:
"(2) the Audit Office workers are inspectors nuclear safety and
inspectors of radiation protection (hereinafter referred to as "the Inspector"). An inspector may
be the only person having the capacity to perform legal acts, which has a higher
education of the relevant direction and three years of professional experience. The inspector must be
technically competent in the areas controlled by it, according to § 11 and
a security is eligible under a special legal regulation ^ 9) in the case of
carrying out sensitive activities according to the specific legislation. ^ 9a)
Inspectors shall be appointed by the President of the authority. ".
PART FOUR
Amendment of the Act on foreign trade with military material
Čl.VI
Act No. 38/1994 Col., on foreign trade with military material and on the
additions to law No. 455/1991 Coll., on trades
(Trade Act), as subsequently amended, and Act No.
140/1961 Coll., the criminal act, as amended, is amended
as follows:
1. In article 7 (2). 1 (b). (b) point 5) including footnote # 2):
"5. the conditions laid down by specific laws. ^ 2)
2) § 2 (2). 1 (b). a) and b) of Act No. 451/1991 Coll., laying down
some of the other conditions for the performance of certain functions in State
institutions and organisations of the Czech and Slovak Federal Republic, the Czech
and the Slovak Republic.
section 81 d of Act No. 148/1998 Coll., on the protection of classified information and on the
amendments to certain laws, as amended. ".
2. In article 7 (2). 1 (b). (b)), the comma after point 5 is replaced by a dot and point 6
is hereby repealed.
3. section 8 is repealed.
4. in § 9 para. 2 letter c) including footnote # 3):
"c) papers on citizenship, permanent residence, extracts from the register
Criminal record not earlier three months and the certificates and documents
issued pursuant to special laws ^ 3) for members of the Board
legal entities and proxy,
3) § 4 paragraph 2. 1 Act No. 451/1991 Coll.
§ 81i para. 1 of Act No. 148/1998 Coll. ".
PART FIVE
Amendment of the Act on the public prosecutor's Office
Article. (VII)
Act No. 283/1993 Coll., on the public prosecutor's Office, as amended by Act No.
261/1994 Coll., Act No. 201/1997 Coll., Act No. 169/1999 Coll., Act No.
11/2001 Coll., Act No. 14/2002 Coll. and Act No. 151/2002 Coll., is amended
as follows:
1. In section 4, paragraph 4. 1 at the end of subparagraph (c)) is replaced by a comma and dot
the following point (d)), which read as follows:
"(d)) performs other tasks, if provided for by special Act.".
2. in paragraph 7 the following new section 7a, including footnote No. 1a)
added:
"§ 7a
(1) the Supreme Public Prosecutor's Office shall be established by the College in the field of
protection of classified information (hereinafter referred to as "the College"). The College shall carry out
the tasks provided for by a special law. 1a)
(2) the College is composed of 5 members, prosecutors engaged
function for the Supreme State Prosecutor's Office. Members of the College proposes and
After the approval of the Government appointed by the Minister of Justice. A member of the College can be
create only the public prosecutor, to whom the certificate has been issued for
classification level "top secret". Members of the College shall be appointed for a period of
two years. Tasks of the Board by a special Act ^ 1a)
members of the College to the Prime Minister.
(3) the College is headed by a President from among the members of the College shall be appointed by
the Minister of Justice with the consent of the Government. President of the College organizes
the work of the College and shall be convened by and governed by his actions. President of the College they represent
in his absence, members of the College to the extent and the order specified
By the College.
(4) the members of the College are in the performance of duties of a member of the College of independent.
Are not subject to control and oversight powers of the Attorney General,
they are only bound by the constitutional laws, laws and other generally binding
legislation and international treaties by which the Czech Republic
bound.
(5) the duties of a member of the College shall be considered the performance of the functions of the State
representative. On the activities of the College are not subject to the provisions of this Act on the
remedies to ensure the activities of the public prosecutor's Office.
Acts carried out by the College nor acts carried out by the public prosecutor in
the performance of the Member of the College shall not be considered acts of Supreme State
the Prosecutor's Office.
(6) for performance cannot be member of the College to translate to performance of the duties for
another public prosecutor's Office or to temporarily allocate to performance
function in another public prosecutor's Office, to another authority or
the Organization, the Ministry or the Judicial Academy.
(7) for a temporary exemption from the performance of the duties of the public prosecutor, the
the public prosecutor, the duties of a member of the College shall be suspended. During this time,
the College does not participate in the activities of the College.
(8) a member of the College cannot be College of appeal. Member function
The College shall cease on the date of termination of employment the State Prosecutor, who
He was in the College, the expiry of the period for which he was a member of the College
appointed, or on the date of notification of the decision of the Minister of Justice of the
the release of the public prosecutor, a member of the College. The Minister
Justice prosecutor released a member of the College, only
If the public prosecutor shall request in writing.
1A) Act No. 148/1998 Coll., on the protection of classified information and amending
certain acts, as amended. ".
3. In section 13e, the following paragraph 4 is added:
"(4) the Attorney General ensures the operation of the College (Section 7a) after
the material, members of the College creates conditions for the proper performance of
function. ".
4. In § 33 para. 2, after the words "Supreme Court", the words "or
The Supreme Administrative Court.
PART SIX
Amendment of the Act No. 42/1992 Coll., on the adjustment of property relations and the settlement of
property claims in cooperatives
Article. (VIII)
In section 13 of Act No. 42/1992 Coll., on the adjustment of property relations and the settlement of
property claims in cooperatives, as amended by Act No. 297/1992 Coll.,
Law No. 496/1992 Coll., Act No. 72/1994 Coll., Act No. 144/1999 Coll. and
Law No. 3/2000 Coll., the following paragraph 4 is added:
"(4) the right to settlement of the ownership interest shall be barred after ten years from the
the seven-year period from the date of expiry of the approval of the transformation project. ".
PART SEVEN
The EFFECTIVENESS of the
Article. (IX)
This Act shall take effect on the date of its publication, with the exception of article. (VII) in point 4,
which shall take effect on 1 January 2000. January 1, 2003.
Klaus r.
Havel, v. r.
in the financial times in the r..
