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For The Implementation Of The Law On The Zaopatřovacích Of Germany's Claims. Professional Soldiers

Original Language Title: k provedení zákona o zaopatřovacích nárocích vojen. gážistů

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514/1920 Sb.



Regulation



the Government of the Czechoslovak Republic



of 3 July 2003. September 1920,



the implementation of the law of 19 December 2003. in March 1920, no. 194 Coll. and n.

modify the acceptance of military professional soldiers of the former Austro-Hungarian, Austrian and

Hungarian defence to the defence in the Czech Republic and on the adjustment

zaopatřovacích claims former military professional soldiers who are on

Czechoslovak nation guilty.



Section I.



The take-over.



§ 1.



(1) the Ministry of national defence assumes the former Austro-Hungarian,

Austrian and Hungarian military gážisty into the Czechoslovak troops as

military gážisty in its sole discretion, after hearing of the Advisory Councils

the components listed below.



(2) Přejímati to the Czechoslovak troops as military gážisty can be of

the persons referred to in paragraph (1) only those that submitted in the prescribed

period of application by u.s. Department of national defense.



(3) military applications of professional soldiers with home the right to the territory,

that was the treaties to the Czechoslovak Republic inkorporováno,

issued by the Ministry of national defense will be special provisions.



§ 2 .



(1) the application for registration be explored in a Special Advisory Council to the Minister of

National Defense, called "personal and stížnostní of the Commission".



(2) this Commission consists of the President, Vice-Presidents and 18 members, all

official establishes the Defence Minister. The Commission is working in

the composition of the Chambers, which specifies the rules of procedure.



(3) personal and stížnostní, the Commission is obliged to do moral investigation

the value and reliability of the applicant's search for the State and in particular, whether

the applicant due to his past political and military, as well as to their

the characteristics of moral complies with the Czechoslovak

military gážisty, or whether the applicant is worthy to be taken up in the

the Czechoslovak troops as a military gážista.



(4) if the persons who have submitted an application form of a receipt, to

the Czechoslovak troops as military gážisté of the profession in a self-employed

the service, and if the personal and stížnostní the Commission, after investigation, the decision of the

Preview the application this can be dealt with positively, will make an appropriate proposal,

which shall submit to the Ministry of national defense. Shall act on this proposal in

the Minister of national defence after hearing the competent personnel department

the Ministry of national defense. However, if the Commission concluded after an investigation performed with

to the conclusion that the applicant's application should be rejected at all either, because

that the applicant should be accepted only to retired status, refer the

writings with the revisní to the Commission proposal (article 3) to review.



(5) reports the former military gážisté to be taken into

the Czechoslovak troops as military gážisté inactive and

If their applications after the decision vyhověti shall take personal investigation and

the Ministry of national defence, the Commission stížnostní the proposal. Means if,

that should be the application zamítnouti, the writings of revisní to the Commission

review.



(6) for people that claim about the takeover to the Czechoslovak troops as

gážisté retired, explores the personal and stížnostní the Commission, if the petitioner is

worthy to be recognized in the Czechoslovak army rank military

gážisty retired. In the positive case, refer to the writings of

the competent Department of the Ministry of national defense, which will review the writings

and it shall meziministerskému the Advisory Forum in paragraph 9 referred to the

discussion zaopatřovacích claims; in the negative case, refer the writings

revisní the Commission to review.



(7) a decision of the Ministry of national defence dejtež the appropriate master

housing applicants in the cases referred to in paragraph (4) and (5) in writing

know.



§ 3 .



(1) the Commission is also Revisní Advisory Board Minister of national defence.

Its members are: the Inspector General of the Czechoslovak army as

the Chairman, a representative of the armed services Committee of the House of Deputies, one

a representative of the armed services Committee of the Senate, and five of the Czechoslovak military

professional soldiers, three of whom must be nationals of the former Czechoslovak

foreign (Foundation). Alternates are: one representative of the

Armed Services Committee of the House of the Chamber of Deputies and one representative of the armed services Committee

the Senate and the three Czechoslovak military gážisté, two of which must be

members of the former Czechoslovak foreign (Foundation)

troops. Members and alternate members of the revisní Commission-except the Chairman and the representative of the

the army committees appointed by the Minister of national defence-.



(2) the task of the Commission is revisní prozkoumávati applications handled

personal and stížnostní by the Commission in the cases referred to in § 2, paragraph 1 (4) and (5),

and podávati the Ministry of national defense proposal to comply with the requests by neb

the rejection, or-in the case of gážistu, which shall be reported to the

the service-to accept only to retired status. About the design of this

the Minister of national defence decides after hearing the competent personal

Department of the Ministry of national defense. In the cases of § 2, para. (6)

revisní the Commission shall refer the writings with the observations of the competent Department

the Ministry of national defense, which will examine the files and send them

meziministerskému Corps Advisory to discuss provident claims.



(3) a decision of the Minister of national defence be it been advised in writing by the applicant

the relevant tribal housing, and if the request is granted, the

Let there be informed that if the claims for provident benefits (surrender)

must not administer within 60 days from the date of the notification, request for the provision of

These benefits under the law of 19 December 2003. in March 1920, no. 194 Coll. and n.



§ 4 .



Transfer to the armed services under the new law for the armed services military

professional soldiers, have already been to the Czechoslovak troops in accordance with the preceding paragraphs

taken, the Czechoslovak government regulation of 27 June.

July 1920, no. 470 Coll. and n., which establishes whether or not, how to naložiti with

gážisty to the Czechoslovak troops nepřevzatými.



§ 5 .



How to conduct personal and stížnostní the Commission, as well as the revisní of the Commission

, by special rules of procedure, subject to the approval of the Minister of national

Defense.



§ 6 .



(1) Application, which were until the date of application of this regulation

definitely settled by the Ministry of national defence, nebuďtež

Once again under the provisions of this regulation are discussed; persons concerned by

applications were decided positively, pays for the taken.



(2) military persons from occupations that were not in active service

the Czechoslovak troops as gážisté were taken, have the right to administer the application

for providing a surrender value or benefit under the law of zaopatřovacích

on 19 December. in March 1920, no. 194 Coll. and n., within 60 days after the publication of this

of the regulation. These requests be reviewed and submitted to the competent

Department of the Ministry of national defence meziministerskému the Advisory Forum

referred to in section 9 that is appropriate.



§ 7 .



If there are additional objections to the military gážistům to

the Czechoslovak troops have already taken over, is competent to hear

the Disciplinary Committee with the exception of section 23.



§ 8 .



On military gážistech, who were under this section to

the Czechoslovak troops as gážisté taken, be it compiled summary

statement and the monthly meziministerskému sent the Advisory Forum.



Section II.



Surrender and provident benefits.



§ 9 .



(1) on whether the individuals entitled to surrender or provident

benefits under the Act of 19 December 2003. in March 1920, no. 194 Coll. and n.,

Ministry of national defence decides after hearing the interministerial

the Advisory Forum.



(2) its Members are:



and a representative of the Ministry of national defence), appointed by the Minister of national

Defense,



(b) personal and stížnostní) the representative of the Commission, appointed on the proposal of its

President of the Minister of national defence,



(c) a representative of the Commission, revisní) appointed at the proposal of the Prime Minister

National Defense,



(d) a representative of the Office of the Czechoslovak legions), appointed on a proposal from

the head of the Office of the Minister of national defence,



(e) a representative of the Ministry of the Interior), appointed by the Minister of the Interior,



(f) a representative of the Ministry of Finance), appointed by the Minister of finance.



(3) the functions of the members of that congregation takes until further notice. In addition, let there be

in the same way named after one náhradníku, who plays on the

instead of a busy member of the choir.



(4) in addition to the listed members meets in meziministerském Advisory Council

the representative of the Provident Department Ministry of defence with the voice

the Advisory.



(5) the College shall be chaired by a representative of the Ministry of national defense.



§ 1 0.



(1) the interministerial Advisory Board is:



and on applications for the provision of) zaopatřovacích benefits (surrenders) a former

military occupational gážistům nepřevzatým to active employment,



(b) the benefits to military zaopatřovacích) for professional soldiers, which have been

provident benefits former State no longer Austrian, Hungarian neb

Austro-Hungarian provided (military professional soldiers, retired)



(c)) on the zaopatřovacích benefits to people surviving after the persons referred to under

and) and (b)),



(d) a survivor's pension) (odbytném) for professional soldiers released from active service pursuant to section

3 of the Act, as well as about the benefits to their survivors,



(e)) of the cases of § 4, or section 6 of the Act,



(f)) of the cases of § 7 of the law (extraordinary circumstances justified the procedure for

war).




(2) the interministerial Advisory Council is acting according to its own rules of procedure,

the Act itself. Its resolution is required to předložiti as

the proposals, which it is for the decision to the Minister of national defence.



And.



Provident benefits (surrenders) military professional soldiers by profession,

nepřevzatých to active service.



§ 11.



(1) Military gážisté of the occupation of the former Austro-Hungarian, Austrian and

Hungarian defence, who have not been taken into service in the

the Czechoslovak army and is entitled to provident benefits (surrender)

they are required to administer a specific request for the provision of the surrender value, respectively.

zaopatřovacích benefits. The request is not administer promotion.



(2) in her country was the model reference number:



and the applicant were registered in the home) where the law of the day 1. January 1910, and what

the change in his home became a law after that date. The necessary official

be attached to the application documents, together with a sworn declaration

the applicant's details, its about the home jurisdiction are correctly, that after

the coup has not acquired any foreign nationality and that also did not

the application for the acquisition of the nationality of the foreign laws such as prescribed;



(b) start and the actual time) service in the former Austrian defence,

Hungarian neb Austro-Hungarian, the last rank, as well as the place and

his last command staff allocation;



(c)) the current civil profession.



§ 12.



(1) eligible for zaopatřovacích benefit obligation (surrender) according to § 2

the law is the responsibility primarily to service gážistům nepřevzatým, who

not later than 1 January 1995. January 1910 and continuously since then have had in

some of the village in the Czech Republic home right, if they meet the

the provisions below.



(2) if the military gážista of the profession, to the service nepřevzatý,

the home territory of the Czechoslovak State law only after 1. January 1910

(in the period from January 1 1910 to October 28, 1918), he is entitled to

surrender or provident benefits only if its

Czechoslovak nationality recognised, on special request

the imperative time limits to the Interior Ministry. The deadline for this period

the closing date of the time limit to be laid down in the implementing

Regulation to section 9 of the Constitutional Act of 9 September 2002. April 1920, no. 236 Coll. and

n. of such applications for recognition of Czechoslovak nationality

military people, it is for rozhodovati in agreement with the Ministry of the Interior

the Ministry of national defense. Until the decision on the application, with regard to the

to the expiry of the imperative, such persons shall be in accordance with § 9

the Constitutional Act referred to in this paragraph as that accorded to citizens

Czechoslovak Republic, provident benefits at them so far

paid. However, you can vyplatiti them surrender until their

Czechoslovak nationality expressly under the provisions of the previous

paragraph recognized. If the Czechoslovak citizenship to such persons

granted, or do not submit to the application in the said period, it is imperative to

naložiti them as foreigners.



(3) those who have acquired a Czechoslovak citizenship options do not have

the claim referred to in section 2 of the Act.



(4) a provident benefits (surrenders) according to the law. in March 1920, no.

194 Coll. and n may be granted, in exceptional cases also

persons who have been the Czechoslovak nationality after 28. in October 1918

the agreement with the Ministry of national defense and finance before proběhnutím time limits

referred to in paragraph 1. (2) expressly granted.



§ 13.



(1) Surrender of one year's salary as he was on 28.

October 1918, military gážistovi, nepřevzatému

to the service, if its real business in the former military time

power does not exceed 5 years.



(2) if the applicant has Served in the former defence more than 5 but less than 10

years of age, he shall provide the surrender value in the amount of twice the annual salary, as he

entitled to 28. October 1918.



(3) entitlement to the surrenders have, who is, in any form, and from anyone

already got. Also those who have been paid to the winding-up authorities surrender

Austrian, Hungarian or German-Austrian, do not have the right to

surrender value. If the applicant does not have the necessary official license that surrender so far

He must připojiti affidavit.



(4) the surrender value paid at one time, but let there be in monthly amounts; on

reasoned request may, however, be allowed payment of the full amount

at the same time. The person to whom it was granted, the surrender value are required to donate to

preparing to carry out the civilian employment.



(5) the Military physicians by profession, nepřevzatým in our defence,

who were former military administration of their study expenses paid,

Let it be granted surrenders in paragraph (2) that only if the

you actually had served for at least seven years of active service in accordance with

taken of the commitment.



(6) Military gážistům, who were granted a provident benefits according to

the whole započítatelné business time, who, however, in accordance with previous

provisions are only entitled to surrender, so be it next payday

zaopatřovacích benefits immediately stopped; paid to provident benefits

be included in the surrender.



§ 14.



(1) If a military gážista by profession, nepřevzatý in active employment,

Indeed, at least 10 years, be provided with provident benefits, and

According to the military zaopatřovacích the laws and regulations in force on 28.

October 1918 in the former Austro-Hungarian State, but not in the amount of

the highest grade VI. rating class without having to prokazovati

the incapacity of more active service.



(2) the persons referred to in the previous paragraph may insist that they were instead

zaopatřovacích benefits provided to the surrender value in the amount of twice the annual

rates of pay as of 28 January. October 1918.



(3) Military Occupational gážistům a higher rating than class VI, who

they were taken over by the service in the Czechoslovak army, so be it

paid from 1. June 1920 reduced pense (equal to the highest level

scale (VI). rating class).



§ 15.



With the military gážisty of the profession, which has personal and stížnostní

the Commission, as well as the Commission's belief that the revisní should be recruited

only to the State of the military, retired professional soldiers (§ 2, para. (4), section 3,

paragraph. (2) (let it be loaded according to the past, provisions. For assessment

zaopatřovacích benefits in this case are rozhodny Provident

laws and regulations in force on 28. October 1918, that the persons concerned should be

in fact, after that date, there were active service in the Czechoslovak army.

However, if this took active service in the Czechoslovak army at least one

year or if the person concerned suffered in the performance of military service in the

the Czechoslovak army injury, after the case received a special

merit in the struggle the Czechoslovak Republic established amount pense

in accordance with the laws and regulations in force at the time of their transfer to inactivity.



(B).



Provident benefits military retired former Austrian professional soldiers,

Hungarian neb Austro-Hungarian army.



§ 16.



(1) Military gážistům of the former Austro-Hungarian, Austrian neb Hungarian

the army, the retired prior to 28. October 1918, who submitted

application to the Czechoslovak troops as retired military gážisté,

be granted a provident benefits, but not of VI.

rating class based on the zaopatřovacích law of 28 January. October 1918

regardless of whether they were identified in accordance with the provisions of § § 2 (6) and 3 (2)

worthy to be in the Czechoslovak army recognized their rank

retired military gážisty or nothing; the condition, however, is that the

met all the prerequisites listed below and there was negative

reasons of § 4 of the Act. Persons that have been marked by personal and stížnostní

the Commission, or the Commission for the revisní worthy of the rank of the Czechoslovak professional soldiers

retired, so be it, together with the notice of entitlement to provident

benefits from the competent registration authority of the Czechoslovak Republic given by

Note that were taken into the Czechoslovak troops as military

gážisté retired. Others let there be notified that they are free from the

military pensisty without any military rank in Czechoslovak

vojště.



(2) a provident benefits (but not in the amount of (VI). rating class)

be provided, on request, according to military laws and zaopatřovacích

regulations in force on 28. October, 1918, also a former military gážistům

Austrian, Hungarian neb Austro-Hungarian army, retired, who

they have not lodged application for admission into the Czechoslovak army, if they

the perks of these have already been awarded to a former State of Austrian, Hungarian neb

Austro-Hungarian and the conditions referred to in the next

paragraph. Regulation of the Ministry of national defense will be determined, how

the integration of this application instruovati.



(3) a provident benefits be provided to the persons referred to in

the previous two paragraphs only,



and if they prove) that not later than 1 January 1995. January 1910 won and from then on

continuously in the territory of the home should be the right of the former monarchy of the Austro-

Hungarian which belongs now to the Czechoslovak Republic; persons who


acquired the home jurisdiction in some village of our State only after 1.

January 1910 at the existing provident benefits, but not in the amount of

the highest grade VI. rating class for the time being paid up to

to the time when it will be on their application for recognition of the Czechoslovak State

nationality definitively decided or will to no avail

the deadline for submission of applications laid down; final

zaopatřovacích benefits conditional on is favourable for the request

recognition of Czechoslovak nationality (article 11),



(b)) is not the exclusive grounds provided for in § 4 of the law.



(4) a provident benefits, paid by the Czechoslovak military administration

persons retired prior to the 28. October, 1918, shall immediately be

reviewed, in accordance with the provisions of this regulation, in accordance with the newly assessed

the provisions of this regulation the newly assessed, and were higher than the benefits

the highest grade VI. rating class or if they have been assessed

According to the regulations, other than those paid on 28. October 1918

appropriately reduced. When doing so be it also investigated whether the

recipient of the zaopatřovacích benefit meets the above mentioned requirements of the

home and nationality. Reduced provident benefits at

paid to persons who otherwise meet all of the conditions, starting from 1 January 2006.

June 1920. Other people let there be payment of benefit on zaopatřovacích

account of the Czechoslovak Republic stopped.



(5) on military gážistech, who retired in the Czechoslovak army

active service did so, the provisions of the last sentence of paragraph 15.



(6) Special income will be made as to whether, and if it is for a provident

benefits to the survivors of military gážistech, who were in the civil service

or in the service of the Department (articles 6 and 17 of the Act of 27 April 2001.

April 1887, no. 41., after the case of Hungary. Cust. article. XX. from 1887)

these survivors are nationals pursuant to § 1, paragraph 3, of the constitutional

the Act of 9 March 2004. April 1920, no. 236 Coll. and n, and if they were

provident benefits already granted to former State.



(C).



Provident benefits survivors after military gážistech.



§ 17.



(1) the survivors, who were granted a provident benefits before the military

28 October 1918 at these perks provided to the Czechoslovak

military administration in accordance with the principles set out in section 15, para. (2), (3) and (4).



(2) the same principles apply, mutatis mutandis, for the provision of zaopatřovacích benefits

survivors of a military gážistech by profession, who have not been to the active

service in the Czechoslovak army taken.



(D).



Survivor's pension (surrenders) professional soldiers released from active service.



§ 18.



(1) Military gážisté the former Austrian, Hungarian neb Austro-Hungarian

military power, who have taken to the volume of the Czechoslovak army

as a gážisté by profession, may be for official purposes of the active

Services released within one year from the date of the return of the Russian legions. Day

the return of the Russian legions will be determined by a special regulation.



(2) Military gážisté release according to the preceding paragraph of the active

services, shall be entitled to surrender or provident benefits under the laws

force at the time of release, however, they are obliged to prokázati the circumstances

referred to in section 11 of this regulation.



(3) as regards the actual operation of the service, be it for determining the level of

surrender value or benefit not only counted zaopatřovacích service reflections

Austrian, Hungarian neb Austro-Hungarian army, but also active in service

the Czechoslovak vojště. According to the length of this service be it inflicted

surrender value according to the policies the neb provident benefits referred to in section 2 of the Act and the

paragraph. (2) of this section.



(4) the Surrender or provident benefits be assessed on the basis of

the net salary corresponding to the concerned military gážistovi in time

release from active service.



(5) a provident benefits paid at the persons laid off pursuant to § 3

the law according to their salary, what should the day of release, according to the

pensijní base, without limitation to a specific rating class.



§ 19.



The principles laid down in the preceding paragraph shall apply mutatis mutandis to the grant of

zaopatřovacích benefits to the survivors of persons referred to in section 18.



(E).



Of the cases referred to in § 4, or section 6 of the Act.



§ 20.



(1) eligible for surrender or zaopatřovacích benefits

It is not for persons who were criminal proceedings carried out by the

the provisions of the peace treaties recognized guilty of acts is contrary to the laws and

Customs of war.



(2) if there are such cases, let these people the first day

the following month the payment of emoluments, zaopatřovacích or surrender value after

pravoplatnosti judgment is stopped.



(3) a provident benefits, which were Republic of Czechoslovak neb on

her account of the persons referred to in section 5 of the Act be paid, after

pravoplatnosti judgment of the Czechoslovak military administration returned.



§ 21.



(1) the entitlement to provident benefits or surrender value no longer have any person,

which will be within one year after returning to their homeland after the Russian Legion

carried out the investigation proved that either during the war, Czechoslovak nation neb

its members have damaged the negotiations, reflecting their grudge against the

the Czechoslovak nation, or that they tried to persecution

the Czechoslovak nation or its nationals could acquire specific benefits and

lack of.



(2) whether there are circumstances referred to in the preceding paragraph, it is for the

things are meziministerskému according to the discretion of the Advisory Forum.

The resolution of the Advisory Council to the Minister of national defence be made

as proposals for decision.



section 22.



(1) for cases referred to in § 21 blessed be the Minister of national defence appointed

on the personal and stížnostní the Commission as a permanent officer of the judicial service

disciplinary representative.



(2) the standing disciplinary representative is a guardian of the law and is obliged to

in particular, the dbáti, to the persons that are provinily according to § 4 of the law, have not been

granted a provident benefits (surrender, after the event to give them their

additional payment stopped.



(3) the standing disciplinary representative may not be nor a member of the personal and

the Commission revisní Commission stížnostní neb, neb member or an alternate member of the

Interministerial Advisory Forum.



section 23.



(1) if there is a notification received by the neb, of which goes on the scale

suspicion of meeting referred to in section 4 of the Act, i.e. the standing disciplinary

požádati personal representative shall be obliged and stížnostní the Commission for interim

the investigation, in order to determine if the charge is justified. Personal and

the Commission is required to produce such a stížnostní investigation and after

zaslati writings to the standing disciplinary representatives. If it is proven

the provisional investigation, that the suspect or accused is justified,

Let there be introduced at the request of the representative of the proper management of the disciplinary.



(2) the standing disciplinary representative is, moreover, obliged to prozkoumati

not yet done application for professional soldiers of the former military occupation and in

retired, who have not been to the Czechoslovak army in the rank of professional soldiers

taken and enjoy the zaopatřovacích benefits (so-called military

pensisté); If after examining the writings of suspicion of meeting referred to in section

4 of the law, is obliged to požádati of the personal and the introduction of the stížnostní to the Commission

sound management. Special attention is required to donate a permanent

disciplinary representative requests for the provision of zaopatřovacích benefits

former military retired professional soldiers, who the application for admission to the

the Czechoslovak troops have not provided (article 16, paragraph 2. (2) (.



(3) If a charge referred to in paragraph (1) of the military gážisty, which

takes place in the Czechoslovak vojště active status, the proposal can be personal

and stížnostní the Commission according to the severity of the allegations by the Department of national

defence of the accused has been ordered to leave for the time being until a decision deprived of

the service.



(4) personal and stížnostní, the Commission is obliged to members, respectively,

officers assigned to the search for the essence of rights is thoroughly knowledgeable

allegations ex officio naradas for me all the circumstances, however all

licences and evidence needed to fully clarify the matter and

to offer to the accused person, by written communication to the substance of the allegations the neb oral

opportunities to all points in the allegations. Evidence of the accused

offered to be made, if it was obvious that the proposals

the accused are only for the purpose of the prodloužiti control. The accused person so be it also

given the opportunity to be expressed on the evidence. In this

the State of the proceedings does not have the accused the rights nahlížeti in the files of the NEB.

do excerpts. Personal and stížnostní the Commission may, however, by the free

the contents of the file of the accused either absolutely not part of the been able.



(5) on the hearing of the people to obeslaných, and the evidence of the accused so be it

drawn up a protocol that let it be read out and he signed. The accused

has the right to přibrati his questioning of a witness's Act.



§ 24.



If the personal and stížnostní Commission investigation completed, send files

the standing disciplinary representatives who either return files to supplement the neb,

It is suspected that the unjust shall propose to the Minister of national defence to stop

control, or submit to the writings of meziministerskému with the Advisory Forum


a reasoned proposal for the recognition of guilt. A copy of this proposal, let there be delivered

the accused person.



§ 25.



(1) on the proposal of the standing interministerial disciplinary representative acts

Advisory Council after the recitation of and Act officer on the eventual additions

control. Otherwise, it shall order an oral hearing, which summons the accused and other

persons to obtain evidence. This is a non-public hearing; the accused, however,

It is for the right přibrati to him three confidants.



(2) the standing disciplinary representative shall represent at a hearing your

the proposal.



(3) the accused has the right to use the legal representative of the persons entered in the

the list of advocates of the neb gážisty a Czechoslovak military power. On

request of the accused may him the Ministry of national defence přiděliti

the official Defender. After the delivery of the proposal of the standing disciplinary representative

the accused and his defence counsel has the right to unlimited nahlížeti the files.



(4) after the proceeding shall take the chorus in a private session of a resolution, which

shall submit to the Department of national defence as a proposal. Shall act on this proposal in

the Minister of national defence.



(5) decision delivered in writing to the accused person and let it be with the reasons. In the decision

the latter is beheld that the accused has committed the current negotiations

referred to in section 4 of the Act and that, therefore, he is not entitled to a provident

benefits (surrenders). The decision shall become effective immediately.



(6) if it has been the military gážista military service

The Czechoslovak Republic taken up, so be it immediately released without

any claims to maintenance.



section 26.



(1) the interministerial Advisory Council is obliged to also on the proposal of the accused,

brought before delivery, or management of the standing disciplinary representative

to produce such a debit in one investigation, respectively, whether the accused nesmyl of your

^ "the merits of proven guilt in the fight of the Czechoslovak

Republic. Call for extraordinary merit cannot be free from the venue

obligations.



(2) if these merit Advisory Council, it detected when

the submission of the resolution of the Minister of national defence to proposed decision

that the accused were the exception granted a provident benefits neb

surrender value.



section 27.



(1) Surrender the accused person the neb provident benefits is immediately

to stop her, if the decision on the recognition of guilt and no exceptions to section 26

of this regulation. Benefits (surrender), Republic of

The Czechoslovak neb on account already paid to the persons mentioned in § 5

the law and recognised by the guilty in accordance with § 25, must be returned.



(2) a copy of the decision so be it posted to the military headquarters, the Office, or

the Institute, which benefits the accused person has not yet paid.



(3) the proceedings referred to in §§ 21-26 must be carried out no later than one

the year after the return of the Czechoslovak legions of Russia, a day will be

determined by a special regulation.



(4) management Expenses borne by the State. The accused only bears the costs incurred by the gážista

retaining an attorney from a list of attorneys.



(F).



On the special, the ratios of the neodůvodněném procedure in the war. (Type-examination

gáží.)



section 28.



(1) all fees, applicable to the assessment of the surrender value or zaopatřovacích

benefits under the Act of 19 December 2003. March 1920. 194 Coll. and n.,

at the competent Department of the Ministry of defence

eligibility is reviewed. If there are cases of extraordinary

ratios procedure, is the unjustified Department of the Ministry of

national defence after a detailed examination of the case required to předložiti files

meziministerskému Advisory Forum with a reasoned proposal to pay,

and provident benefits have been reduced and to what extent.



(2) on this proposal is Advisory Council in accordance with its rules of procedure. To him

also on the extraordinary circumstances justified the procedure under

free discretion.



(3) the Advisory Board will review negotiations and will make an appropriate proposal, which

the Minister of national defence decides definitively. The decision so be it

delivered to the person concerned and with the reasons.



(4) the examination pursuant to the preceding paragraphs gáží and relevant to their

the reduction must be implemented no later than one year after the return

Czechoslovak legions (Russian section 27, paragraph 2. (3) (.



The provisions of the final.



section 29.



This Regulation shall enter into force on the date of publication.



section 30.



To produce such a regulation, it is for this to the Minister of national defence in consultation with the

Minister of the Interior and finance.



The Austrian reichsrat in r.



Dr. Edvard Beneš in r.



Dr. Meissner in r.



Dr. Engliš in r.



Thomas s in r.



Habrman in r.



Dr. Šrobár, in r.



Staněk v. r.



Johanis in r.



Dr. Markovič in r.