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1
262
ACT
Of 20 July 2011
On the participants in anti-communist opposition and resistance
PREAMBLE
The Parliament of the Czech Republic,
Led by the intention to show respect and
gratitude to the women and men who actively
defended the values of freedom and democracy,
risking their lives, personal freedom and property
during the period of the totalitarian communist
power;
Determined to constantly commemorate the
ideals of patriotism, honour, courage and selfsacrifice
to the future generations;
Is voicing its profound sorrow over the innocent
victims of the communist regime’s terror;
And referring to the principles that it embedded
in the Act on Illegality of the Communist Regime
and on Resistance against It;
Has resolved to enact the present Act of the
Czech Republic:
CHAPTER ONE
PARTICIPANTS IN ANTI-COMMUNIST
OPPOSITION AND RESISTANCE
Section 1
Subject matter
This Act defines the anti-communist opposition
and resistance, stipulates the terms and conditions
for the issuance of a certificate of a participant in
anti-communist opposition and resistance, provides
for rehabilitation, and defines certain tasks for the
Ministry of Defence (hereinafter referred to as the
“Ministry”).
Section 2
Definition of terms
For the purposes of this act,
a) The time of non-freedom means the period of
Czechoslovak history from 25 February 1948 to 17
November 1989;
b) Anti-communist opposition and resistance
means the involvement in actions directed against
the communist regime in Czechoslovakia, shown
individually or in groups on the basis of political,
religious, or moral democratic convictions, or
conscious and public shows of such resistance in
the country and abroad, including in connection
with a foreign democratic power, in some of the
forms specified in Section 3, with the goal to
eliminate, weaken or disturb significantly, or
otherwise damage the communist totalitarian power
in Czechoslovakia and to restore freedom and
democracy;
c) Citizen means a person who, during the time
of non-freedom, was a national of the Czechoslovak
Socialist Republic or its legal predecessors
(hereinafter referred to as the “Czechoslovak
nationality”), as well as a person who was deprived
of their Czechoslovak nationality by decision of the
state authorities during the time of non-freedom.
Section 3
Forms of anti-communist opposition and
resistance
(1) Forms of anti-communist opposition and
resistance are understood to include armed or other
equal action against the communist regime in
Czechoslovakia, sabotages, co-operation with
international intelligence services of democratic
countries, and trafficking people or crossing state
borders for the purposes of involvement in anticommunist
opposition and resistance (the
pedestrian agents). The anti-communist opposition
and resistance is also understood to include acts
comparable to the above and other acts of courage
or taking a courageous public stand in support of
armed action against the communist regime in
Czechoslovakia.
(2) Forms of anti-communist opposition and
resistance are also understood to include continuous
or long-lasting or otherwise significant activity
consisting in the:
a) Authorship of petitions or similar documents
or public statements aimed directly or
indirectly at restoring freedom and
democracy or at weakening the communist
regime and/or at providing the printing or
distribution of the above;
b) Organisation of public actions against the
communist regime; pursuit of a political,
journalistic or other demonstrably anticommunist
activity focused directly or
indirectly on restoring freedom and
democracy or on weakening the communist
regime, or
c) Pursuit of a political, journalistic or other
demonstrably anti-communist activity
abroad, focusing directly or indirectly on
restoring freedom and democracy or on
weakening the communist regime.
(3) Forms of anti-communist opposition and
resistance are also understood to include active
involvement in an organisation or group whose
members fought the communist regime in the
manners specified in this provision.
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(4) Forms of anti-communist opposition and
resistance are also understood to include the taking
of such public political and social stands, taken
actively and of one’s free will, which opposed the
rise and duration of the communist totalitarian
power, provided that their proponent was
imprisoned, interned or their personal freedom was
otherwise curtailed, or such person was forcibly
evicted from their place of residence, or otherwise
seriously affected.
(5) Forms of anti-communist opposition and
resistance are also understood to include activities
of importance comparable to that of the forms of
anti-communist opposition and resistance specified
in the previous sub-sections, pursued prior to the
time of non-freedom, provided that their goal was
to prevent the installation of the communist regime
and preserve freedom and democracy in
Czechoslovakia, unless such goal was attainable
otherwise, and associated with a similar risk.
Section 4
Impediments to recognising the status of a
participant in anti-communist opposition and
resistance
(1) A citizen is not recognised as a participant in
anti-communist opposition and resistance if he or
she, during the time of non-freedom:
a) Was a member or employee of security
forces1
, except for basic or substitute active
military service;
b) Was on record in the documents of security
forces as their collaborator or secret
collaborator, and/or was a member of the
Assistant Guards of the Police, an assistant
of the Border Guards, or an informer to the
intelligence apparatus of the Communist
Party of Czechoslovakia, and/or otherwise
collaborated with the security forces or the
Communist Party of Czechoslovakia in a
similar manner;
c) Was a member or candidate member of the
Communist Party of Czechoslovakia or the
Communist Party of Slovakia;
d) Was a member of the People’s Militias;
e) Was an individual member of the Union for
Czechoslovak-Soviet Friendship after 21
August 1968, except for those who exited
the Union for Czechoslovak-Soviet
Friendship shortly after 21 August 1968,
f) Was a member of the National Front Action
Committee after 25 February 1948, of the
trial committees after 25 February 1948, or
1
Section 2 c) of Act No. 181/2007 Coll., on the
Institute for the Study of Totalitarian Regimes and the
Security Services Archive, and on amending certain acts.
of the trial and normalisation committees
after 21 August 1968;
g) Was a student or a graduate of a political,
security, or military university and/or of
similar training in countries that were the
high parties to the Warsaw Pact2
, and/or a
fellow and/or participant in courses
exceeding 3 months at such schools;
h) Was a member or collaborator of a foreign
country’s intelligence service at a time when
a communist regime or a regime similar to a
communist regime was in rule in such state;
or
i) Was otherwise voluntarily, consciously and
actively significantly involved in the
building, development, and strengthening of
the communist totalitarian power in
Czechoslovakia.
(2) The impediment as per sub-section 1 shall
not be taken into consideration if the citizen was
seconded into the forces and organisations stated
above, or became a member thereof for the purpose
of combating the communist regime.
(3) A citizen specified in sub-section 1 shall be
recognised as participant in anti-communist
opposition and resistance, provided that the
intensity, scope or duration of their involvement in
the anti-communist opposition and resistance
manifestly exceeded their involvement in the
building, development, and strengthening of the
communist totalitarian power. The status of a
participant in anti-communist opposition and
resistance shall also be recognised for a citizen
specified in sub-section 1 who, risking their life,
completed an exceptionally worthy feat as part of
the anti-communist opposition and resistance.
(4) A citizen shall not be considered a
participant in the anti-communist opposition and
resistance if their involvement in the anticommunist
opposition and resistance was led by
condemnable motivation and/or who, during such
an activity, acted in a condemnable manner leading
towards the denial of the values of freedom and
democracy, or acted in an especially condemnable
manner leading towards the denial of individual
principal human rights while such actions could be
avoidable as part of acting against the communist
regime in Czechoslovakia. Furthermore, a citizen
2
The Treaty Organization of Friendship,
Cooperation, and Mutual Assistance between the
People’s Republic of Albania, People’s Republic of
Bulgaria, People’s Republic of Hungary, German
Democratic Republic, People’s Republic of Poland,
People’s Republic of Romania, the Union of Soviet
Socialist Republics, and the Czechoslovak Republic,
concluded in Warsaw on 14 May 1955 and published
under No. 45/1955 Coll.
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shall not be deemed to have been a participant in
anti-communist opposition and resistance if their
actions were led by the motivation of installing a
regime that would trample the values of freedom
and democracy similarly as the communist regime
did.
Section 5
The status of a war veteran
The status of a war veteran under the Act on
War Veterans shall be recognised in respect of a
participant in anti-communist opposition and
resistance who is a Czech Republic national and
was involved in anti-communist opposition and
resistance in the form specified in Section 3(1).
Section 6
Certificate
(1) The Ministry issues the certificate of a
participant in anti-communist opposition and
resistance upon a citizen’s application. In addition
to the general requirements for an application, the
application shall include documents evidencing the
meeting of the conditions for the issuance of the
certificate and, if the applicant holds it, also a proof
of the Czechoslovak nationality or a proof of
having been deprived of it.
(2) If a person entitled to submit the application
as per sub-section 1 has died or has been
pronounced dead, the application for the certificate
of a participant in anti-communist opposition and
resistance may be submitted by their spouse, parent,
child, an other direct relative or sibling, or a civic
association or another legal entity whose business is
the exploration of history, archiving, education,
training, or human rights protection, and/or a civic
association gathering the participants in anti-nazi
resistance or anti-communist opposition and
resistance or former political prisoners. In addition
to the requirements specified in sub-section 1
regarding the applicant and the person for whom
the issuance of the certificate is sought, the
applicant shall include the information on the
applicant’s relation to the person for whom the
issuance of the certificate is sought, if the
application is submitted by a spouse, parent, child,
other direct relative or sibling, and it shall always
include the date and place of the person’s death.
(3) The Ministry shall obtain an expert opinion
from the Security Services Archive and the Institute
for the Study of Totalitarian Regimes and other
scholarly institutions, if appropriate with regard to
the application submitted as per sub-section 1 or 2.
If the conditions for the issuance of the certificate
of a participant in anti-communist opposition and
resistance are met, the Ministry will issue the
certificate of a participant in anti-communist
opposition and resistance. If the above conditions
are not met, the Ministry will issue a decision on
not issuing the certificate. If the person for whom
the certificate of a participant in anti-communist
opposition and resistance is to be issued pursuant to
the second sentence meets the conditions of Section
5, such person shall also be recognised as a war
veteran in the certificate; the person who is thus
recognised as a war veteran enjoys the rights that
pertain to war veterans under the Act on War
Veterans, and where certain rights under the Act on
War Veterans apply to war veterans’ spouses or
partners, such rights will also apply to the spouse or
the partner of that person who was recognised as a
war veteran pursuant to the present Act.
(4) If the application under Section 2 is
submitted after the Ministry has already issued a
certificate of a participant in anti-communist
opposition and resistance based on another
application under Section 1 or 2 with regard to the
same person, the Ministry shall defer the
application and send an original copy of the
certificate to the applicant.
(5) The certificate of a participant in anticommunist
opposition and resistance include the
given name or names, surname, degree if
applicable, date and place of birth, the information
on the form or forms and the description of their
anti-communist opposition and resistance actions,
and also the stamp, date, and signature of an
authorised official; where the status of a war
veteran pursuant to the present Act has been
recognised, the certificate of a participant in anticommunist
opposition and resistance shall also
indicate this.
(6) If it becomes apparent that the conditions for
the issuance of the certificate of a participant in
anti-communist opposition and resistance have not
been met, the Ministry shall issue a decision on
cancelling the certificate and inform the Czech
Social Security Administration accordingly.
(7) The Ministry will pay a one-off monetary
allowance of CZK 100,000 to a living participant in
anti-communist opposition and resistance who is a
Czech Republic national within 30 days from the
day of issuance of the certificate of a participant in
anti-communist opposition and resistance; such
one-off monetary allowance is not subject to
personal income tax. If a participant in anticommunist
opposition and resistance who is a
Czech Republic national dies after the day of
issuance of the certificate of a participant in anticommunist
opposition and resistance or loses the
Czech citizenship after such day and the one-off
monetary allowance has not been paid in
accordance with the first sentence, then the right of
the participant in anti-communist opposition and
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resistance to receive such monetary allowance
ceases to exist and the allowance will not be paid.
The Ministry will pay a person, who was the spouse
of a participant in anti-communist opposition and
resistance who has died or has been pronounced
dead and has not been paid the one-off monetary
allowance under the first sentence, at least for a part
of the period when such participant was involved in
anti-communist opposition and resistance, in
respect of which they received the certificate of a
participant in anti-communist opposition and
resistance, a one-off monetary allowance of CZK
50,000 upon that person’s request within 30 days
after the submission of that person’s application;
such one-off monetary allowance is not subject to
personal income tax. The one-off monetary
allowance will not be paid to the person specified in
the third sentence if that person acted in a
condemnable manner vis-à-vis their spouse who
was a participant in anti-communist opposition and
resistance, in particular by collaborating with
security forces. If the person specified in the third
sentence dies after the day when they submitted the
application as per the third sentence and the one-off
monetary allowance has not been paid in
accordance with the third sentence, that person’s
right to such one-off monetary allowance ceases to
exist and the allowance will not be paid.
Section 7
Ethics Committee of the Czech Republic for
the Appreciation of the Participants in Anticommunist
Opposition and Resistance
(1) The Ethics Committee of the Czech
Republic for the Appreciation of the Participants in
Anti-communist Opposition and Resistance
(hereinafter referred to as the “Committee”) is
established. The Committee rules on appeals of the
Ministry’s decisions under Section 6(3) and (6).
(2) The Committee has nine members; the
Chamber of the Deputies, the Senate, the
Government, and the Council of the Institute for the
Study of Totalitarian Regimes each elect and recall
two members; the President of the Czech Republic
appoints and recalls one member. The Committee
elects and recalls its chairperson from among the
members elected by the Government.
(3) A natural person capable of legal acts that is
reliable and of integrity may be elected a member
of the Committee.
(4) The Committee members are elected for a
term of office of five years. No one may be elected
for more than two times consecutively.
(5) Committee membership is a public office3
.
The term of office of a Committee member is five
years.
(6) The chairperson convenes and directs the
sessions of the Committee. The Committee’s
resolutions require the approval of an absolute
majority of all of its members to be valid. The
committee adopts its rules of procedure wherein it
defines the detailed rules for its deliberations.
(7) The Committee co-operates with the
Institute for the Study of Totalitarian Regimes and
Security Services Archive, which furnish the
required documents and information to it upon
request.
Section 8
Pensions
(1) The participants in anti-communist
opposition and resistance issued with the certificate
who receive an old age or disability pension under
the Czech pension insurance system, and a widow
or widower receiving the widow or widower
pension under the Czech pension insurance system
after a participant in anti-communist opposition and
resistance who was issued with the certificate, are
entitled for their amount of the percentage pension
assessment to be set at least in the amount specified
in sub-section 3.
(2) The basis for determining the amount of the
percentage pension assessment due to the persons
specified in sub-section 1 is the percentage
assessment from the average old age pension
determined for the purposes of pension increase as
from January 20124
. The basis for determining the
amount of the percentage pension assessment
applicable from the day following 31 December
2011 is the amount determined pursuant to the first
sentence and increased in accordance with the
regulations on pension increase, which take effect
until the day from which the pension is assessed.
(3) The lowest percentage assessment
a) of old age pension assessed under Section 29
of the act on pension insurance5
or under
similar provisions of preceding regulations,
and of third degree disability pension is the
amount determined under sub-section 2;
b) of second degree disability pension, and of
widow and widower pension amounts to one
half of the amount determined under subsection
2;
3
Section 201 of the Labour Code
4
Section 67 of Act No. 155/1995 Coll., on pension
insurance, as amended
5
Act No. 155/1995 Coll., on pension insurance, as
amended
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5
c) of first degree disability amounts to onethird
of the amount determined under subsection
2;
d) of old age pension assessed under Section 31
of the act on pension insurance, determined
under sub-section 2, is reduced by CZK 275
for each commenced period of 90 days for
which the percentage assessment was
reduced for the last time;
The provisions of Section 54(3) and Section 61(1)
of the act on pension insurance5)
apply mutatis
mutandis, and the provision of Section 59(1) of the
pension insurance act5)
applies with the provision
that in the event of pension concurrence, the
pension amounts are not reassessed if the
concurrence occurred prior to the day from which
the pension in the lowest percentage assessment
under this Act is due.
(4) Applications for pension adjustments are to
be filed with the social security authority that pays
the pension to the entitled beneficiary, and shall be
accompanied by a certified duplicate or certified
copy of the certificate under Section 6; if the
pension beneficiary receives the pension from the
Czech Social Security Administration, the
application may be filed or executed at the district
social security administration office relevant for the
applicant’s place of residence. If the entitlement to
the pension came into existence prior to 17
November 2011, the pension in the amount as per
sub-section 3 is due from the pension payment that
is payable in December 2011. If the entitlement to
the pension comes into existence after 16
November 2011, the pension in the amount as per
sub-section 3 is due from the day it has been
assessed, but no sooner than the pension payment
payable in December 2011. The pension amount
shall be adjusted pursuant to sub-section 3 no later
than upon the payment in April 2012 if the
application is filed by 31 December 2011;
otherwise, within 3 months of filing.
Section 9
Records
The Ministry keeps records on the persons to
whom the certificate of a participant in anticommunist
opposition and resistance has been
issued; the records contain an original copy of the
written letter of certificate under Section 6(3) or the
original copy of the written notice on the
cancellation of the certificate, as applicable. The
Ministry publishes the given name or names,
surname, degree if applicable, date, and place of
birth of the persons issued with the certificate of a
participant in anti-communist opposition and
resistance in a manner enabling remote access.
Section 10
Commemorative badge
(1) Along with the certificate of a participant in
anti-communist opposition and resistance, the
Ministry also bestows commemorative badges; the
commemorative badge is a commemorative badge
of a participant in anti-communist opposition and
resistance and a commemorative badge for the
survivor of a participant in anti-communist
opposition and resistance. The commemorative
badge of a participant in anti-communist opposition
and resistance is only bestowed on living
participants in anti-communist opposition and
resistance. The commemorative badge for the
survivor of a participant in anti-communist
opposition and resistance is bestowed upon the
relative of the participant in anti-communist
opposition and resistance who submitted the
application as per Section 6(2).
(2) The Ministry shall define the design of the
commemorative badge of a participant in anticommunist
opposition and resistance and a
commemorative badge for the survivor of a
participant in anti-communist opposition and
resistance and the rules for wearing the badges in a
regulation.
(3) If the Ministry cancels the certificate of a
participant in anti-communist opposition and
resistance, the person who received the
commemorative badge or the person that holds it is
shall return the badge to the Ministry.
Section 11
Rehabilitation
Upon proposal, a court shall abolish the
conviction for a crime not subject to rehabilitation
under Act No. 119/1990 Coll., on judicial
rehabilitation, as amended, and/or rehabilitation
under Section 6 of Act No. 198/1993 Coll., Act on
Illegality of the Communist Regime and on
Resistance against It, if it is determined during the
proceedings that the convict’s actions were led by
the intention to weaken or disturb or otherwise
damage the communist totalitarian power in
Czechoslovakia, or to create the means for this. The
proposal may be filed within 5 years of the effective
date of this Act. For the purposes of such
proceedings and the subsequent indemnification,
the provisions of Section 4 et seq. of Act No.
119/1990 Coll., on judicial rehabilitation, shall
apply reasonably. The compensation shall be paid
in cash. This provision does not apply to crimes
committed with vulgar or dishonest motivation.
CHAPTER TWO
Amendment of Act on Administrative Charges
Section 12
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Appendix to Act No. 634/2004 Coll., on
administrative charges, as amended by Act No.
217/2005 Coll., Act No. 228/2005 Coll., Act No.
361/2005 Coll., Act No. 444/2005 Coll., Act No.
545/2005 Coll., Act No. 553/2005 Coll., Act No.
48/2006 Coll., Act No. 56//2006 Coll., Act No.
57/2006 Coll., Act No. 81/2006 Coll., Act No.
109/2006 Coll., Act No. 112/2006 Coll., Act No.
130/2006 Coll., Act No. 136/2006 Coll., Act No.
138//2006 Coll., Act No. 161/2006 Coll., Act No.
179/2006 Coll., Act No. 186/2006 Coll., Act No.
215/2006 Coll., Act No. 226/2006 Coll., Act No.
227/2006 Coll., Act No. 235/2006 Coll., Act No.
312/2006 Coll., Act No. 575//2006 Coll., Act No.
106/2007 Coll., Act No. 261/2007 Coll., Act No.
269/2007 Coll., Act No. 374/2007 Coll., Act No.
379/2007 Coll., Act No. 38/2008 Coll., Act No.
130/2008 Coll., Act No. 140/2008 Coll., Act No.
182//2008 Coll., Act No. 189/2008 Coll., Act No.
230/2008 Coll., Act No. 239/2008 Coll., Act No.
254/2008 Coll., Act No. 296/2008 Coll., Act No.
297/2008 Coll., Act No. 301/2008 Coll., Act No.
309/2008 Coll., Act No. 312//2008 Coll., Act No.
382/2008 Coll., Act No. 9/2009 Coll., Act No.
41/2009 Coll., Act No. 141/2009 Coll., Act No.
197/2009 Coll., Act No. 206/2009 Coll., Act No.
227//2009 Coll., Act No. 281/2009 Coll., Act No.
291/2009 Coll., Act No. 301/2009 Coll., Act No.
346/2009 Coll., Act No. 420/2009 Coll., Act No.
132/2010 Coll., Act No. 148/2010 Coll., Act No.
153/2010 Coll., Act No. 160//2010 Coll., Act No.
343/2010 Coll., Act No. 427/2010 Coll., Act No.
30/2011 Coll., Act No. 105/2011 Coll., Act No.
133/2011 Coll., Act No. 134/2011 Coll., and Act
No. 152/2011 Coll., is amended as follows:
1. Chapter I, Item 3 in the Liberation text,
Indent 3: The words “and to” are replaced with the
word “to”; the full stop at the end of Indent 3 text is
replaced with a comma, and the words “and to
implement Act No. 262/2011 Coll., on participants
in anti-communist opposition and resistance.” are
added.
2. Chapter I, Item 4 in the Liberation text,
Indent 1: The words “and to” are replaced with the
word “to”; the full stop at the end of Indent 1 text is
replaced with a comma, and the words “and to
implement Act No. 262/2011 Coll., on participants
in anti-communist opposition and resistance.” are
added.
3. Chapter I, Item 5 in the Liberation text,
Indent 1: The words “and to” are replaced with the
word “to”; the full stop at the end of Indent 1 text is
replaced with a comma, and the words “and to
implement Act No. 262/2011 Coll., on participants
in anti-communist opposition and resistance.” are
added.
CHAPTER THREE
EFFECT
Section 13
The present Act takes effect on 17 November
2011.
Němcová m. p.
Klaus m. p.
Nečas m. p.