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The Full Text Of The Act. On The Acquisition And Loss. State. Citizenship

Original Language Title: úplné znění zák. o nabývání a pozbývání čs. stát. občanství

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74/1958 Coll.



Decree



Minister of the Interior



of 5 April 2004. November 1958



of the full text of Act No. 194/1949 Coll. on acquisition and loss

Czechoslovak citizenship



According to the article. (IV) No 72/1958 Coll., which amends and supplements the provisions on

acquisition and loss of Czechoslovak citizenship, I declare in

Annex the full text of Act No. 194/1949 Coll. on acquisition and loss

Czechoslovak citizenship, as follows from amended.



House in r.



Annex



Law



of 13 October. July 1949



# 194 Sb.



on the acquisition and loss of Czechoslovak citizenship, as amended by

resulting from the amended



The National Assembly of the Republic passed on this

the Act:



PART THE FIRST



THE ACQUISITION OF CITIZENSHIP



§ 1



The birth of



(1) the child that is born on the territory of the Czechoslovak Republic and whose

the father or mother is a citizen of, the birth of citizenship.



(2) a child who is born in a foreign country, the birth of the State

citizenship if they are citizens, its father and mother; a child who is born in

abroad and whose father or mother is a citizen, while the other parent is

a stranger to take citizenship, if the agreed by the Executive

the authority of the District National Committee at the request of parents, which is

citizen. A request for approval may be made within one year of birth.



(3) a child who was found at an early age in the territory of the Czechoslovak

the Republic is a citizen of, until it is proved that it has a different State

jurisdiction.



§ 2



By marriage



(1) a foreigner acquires nationality through marriage with a citizen, if the

the Executive authority of the District National Committee at its request, with the acquisition of

consent. A request for approval may be made before the marriage, by

However, within six months after him. Even if consent was granted after the marriage, looking

the applicant as if it acquired the nationality on the date of the marriage.



(2) nationality shall become a stranger to her, with children under 15 years of age,

which contained his application.



§ 3



The granting of an



(1) country of citizenship can be granted at the request of persons who reside in the territory of

The Czechoslovak Republic continuously for at least five years, and in the acquisition

citizenship shall cease to be, if they are not homeless, its existing

nationality.



(2) country of citizenship grants the Ministry of the Interior; in cases worthy of

Special consideration may grant citizenship to the applicant and that

does not meet the conditions laid down in paragraph 1.



(3) the spouses can apply for a grant of citizenship in the common

the request; request each spouse shall be assessed separately. Children under the age of 15

years that their father or mother was conceived in its request, the

citizenship, along with the father and the mother.



§ 4



Státoobčanský promise



(1) the acquisition of nationality by marriage and the granting of citizenship

becomes for persons over 15 years of effective only the oath of Office of the

text: "I promise on my honour and conscience that I will always be true and committed to

(committed and dedicated) The Czechoslovak Republic and its people's

the Democratic establishment, and that I will duly fulfil all obligations of its

the citizen (her right). "



(2) only in exceptional cases, it may be the composition of státoobčanského

the promise by the Ministry of the Interior remitted.



PART TWO



LOSS OF CITIZENSHIP



§ 5



Cancelled



§ 6



The release of the



(1) the citizenship shall cease to be the one who is released from the State of a volume

at his own request. Citizenship shall cease on the date of receipt of the instrument of

the release of the.



(2) spouses may apply for release from citizenship in a common

the request; request each spouse shall be assessed separately. Children under the age of 15

years that their father or mother was conceived in its request, the

citizenship together with the father or the mother.



§ 7



Detention order



(1) the Ministry of the Interior can state citizenship to the person who is odníti

staying in a foreign country, and



developed or developing) in any way hostile action of the State

or one that can porušiti the interest of the State, or



(b)) after leaving the territory of the Czechoslovak Republic illegally, or



(c)) will not return to the motherland to the deadline, at least within 30 days (from the

overseas within 90 days), from the date of receipt of the request of the Ministry of the Interior to

return.



(2) the Ministry of the Interior may also odníti citizenship to a person who

He still has a different nationality or who are staying abroad

continuously for a period of 5 years without a valid document, Czechoslovakia

giving entitlement to residence in a foreign country.



(3) if the notification of the decision to revoke the citizenship or challenges

referred to in paragraph 1 (b). c) into your own hands, you may find it difficult to apply

be replaced by public decree.



§ 8



Members of the family



(1) the Czechoslovak State citizen does not lose the marriage with

a foreigner or with the homeless of citizenship.



(2) the loss of the nationality of one of the spouses does not affect the State

citizenship of the other spouse or the children, unless this Act provides otherwise.



PART THREE



The JURISDICTION of the



§ 9



(1) unless otherwise provided for in this Act, make decisions in matters of

of the nationality of the executive authorities of the district national committees. The Executive

the authority of the District National Committee also accepts a státoobčanský promise and

certified by the citizens of the country of citizenship on the form, the text of which provides for the

the Ministry of the Interior. This does not affect certification of citizenship in

civil licences (law of December 19, 1957, no. 75 Coll.

civil licences).



(2) the territorial jurisdiction is determined according to the place of residence. If a participant does not have control

of residence in the territory of the country, governed by the jurisdiction referred to in his last place of residence

in the territory of the country; not if he resides in the territory of the country or if the place of residence unknown

or questionable, decide on the citizenship of the Czechs executive body

the relevant national Committee in Prague, of the citizenship of the Slovaks

the executive body of the National Committee in Bratislava, and unless the Čech or

Slovak shall be determined by the local jurisdiction of the Ministry of the Interior.



PART FOUR



THE PROVISIONS OF THE FINAL



§ 10



(1) the initial effective date of this Act shall expire

General provisions on the acquisition and loss of citizenship.



In particular, it shall be deleted:



1. the provisions of section 28, the second sentence and sections 29, 30, 31 and 32. Cust. ^ *)



2. patent vystěhovalecký of 24 September. in March 1832, no. 2557 mixtures.

the Court,



3. the decrees of the courtly offices governing the matter of citizenship, the



4. the Act. article. L/1879 on the acquisition and loss of citizenship and Cust. article.

IV/1886 on the naturalization of mass repatriantů,



5. the provisions of sections 2 and 3 of the law of 9 July 2004. April 1920, no. 236 Coll.

are added and amended the existing provisions on the acquisition and loss of

citizenship and the rights of the home in the Republic of Czechoslovakia,



6. Decree of the Minister of the Interior from 15 October. December 1926, no. 255 Coll.

certificate of nationality in the Czech Republic, as amended by Decree

from day 1. July 1928, no. 108 Coll.



7. the Act of 29 January 2004. in May 1947, no. 102 Coll. on acquisition and loss

Czechoslovak citizenship through marriage.



(2) this law shall be without prejudice to the law of 29 July. April 1930, no. 60 Sb.

implementing the Convention of 16 October. July 1928 between Czechoslovakia and

The United States of North America, and naturalization, the Act of 12 June 2001.

April 1946, no. 76 Coll. on citizenship compatriots returning

to the homeland, the Act of 13 June 2005. September 1946, no. 179 Coll. on granting

citizenship countrymen from Hungary, and the Act of 28 June. April 1948

# 107 Coll., extending the deadline to submit applications for

of the nationality of the pilgrims returning to their homeland.



§ 11



Detailed rules for the implementation of this Act, the Minister of the Interior of the soul can

by regulation.



§ 12



This Act shall take effect on 1 January 2000. ^ ^ ** October 1949), makes it

Minister of the Interior, in agreement with the participating members of the Government.



*) Means the General Civil Code promulgated by 1. June 1811.



**) Law No. 194/1949 Coll. as amended by Act No. 72/1958 Coll. shall take

effect from the day 11. November 1958.