This is a
first version of translation of the Act Nr. 3/2002 Coll., which
was not gone
through language and factual correction.
corrected
vesion will be published probably in two month.
LEGAL ACT
Nr. 3/2002
Coll.
of 27th
November 2001
on freedom of religious
confession
and the
position of churches and religious societies and on the changes of some legal
acts (Law on churches and religious societies)
Parliament has passed the following law of Czech
Republic:
PART
FIRST
FREEDOM
OF RELIGIOUS CONFESSION
AND
THE POSITION OF CHURCHES AND RELIGIOUS SOCIETIES
Introductional provisions
object of
regulation
This law regulates
a) position of churches and
religious societies,
b) conduction (administration)
of public lists of registered churches and religious societies, unions of
churches and religious societies and church juridical persons,
c) competence (jurisdiction) of
Ministry of Culture (hereinafter referred to as "Ministry") in
matters related to the churches and religious societies.
Article 2
Freedom of
religious confession
(2) Right of juvenile children to freedom of
religious confession or to have no confession is guaranteed.1) Legal proxies of
juvenile children can guide exercising of this right in a way, which is
appropriate to the developing abilities of juvenile children.
(3) Nobody must be forced neither (either) to join a
church and religious society nor (or) to leave it, to participate or not to
participate in religious acts or acts of church and religious society.
(4) Everybody has right to elect his/her spiritual
or monastic status and to decide for the life in communities, orders and
similar communions.
(5) Nobody must be curtailed in his/her rights
because of his/her espousing to the church and religious society, participating
of its work or supporting it or because of he/she is without any confession.
Article 3
Fundamental
terms
For
the aims of this legal act it means:
a) church and religious society
is a voluntary association of persons with its own structure, bodies, intemal
regulations, religious rituals and manifestations of belief, founded with aim
to confess certain religious belief, public or private, and especially with it
connected assembling, worship, teaching and spiritual service,
a)
b) personnal data are first
name and surname, in case of citizens of Czech Republic its birth registration
number and in the case of foreigners data on their citizenship and number of
residence permit card 2), unless the international treaty, which is binding for
Czech Republic, lays down other,
c) seat of registered church
and religious society, union of churches and religious societies and church
juridical person, address of central office of registered church and religious
society, union of churches and religious societies and church juridical person
on territory of Czech Republic.
Head two
Churches and religious societies
Article 4
Position of
churches and religious societies
(2) State, regions and municipalities cannot provide
religious or anti-religious acitivities.
(3) Churches and religious societies administer
their own affairs, especially they establish and abolish their bodies, appoint
and remove their churchmen, and establish and abolish church or other
institutions according to their internal regulations independently from the
State administration bodies.3)
(4) Church and religious society may not use name,
which can make it, according to the name, interchangeable with registered
church or religious society.
Article 5
Conditions of
establishing and operating of churches and religious societies.
a) is in conflict with
protection of public morality, public order, public health, principles of
humanity and tolerance and safety of citizens,
b) contests or curtails
personal, political or other rights of natural persons because of its
nationality, sex, race, origin, political or other conviction, religious
confession or social status, inflames hatred and intolerance from these
reasons, supports acts of violence or violating of legal acts,
a)
a)
Article 6
Registered
churches and religious societies
(1) Church and religious society becomes juridical
person by registration (hereinafter referred to as "registered church and religious
society") according to this law, unless this law lays down other.
(2) Registered church and religious society can
propose for registering a body of church and religious society or monastic or
other church institution 3) established within church and religious society
according to their internal regulations with the aim of organizing, confessing
and spreading of religious belief as juridical person according to this legal
act (hereinafter referred to as "church juridical person").
(3) Registered church and religious society can with
the aim of fulfiling its mission especially
a) teach and train its
clergyman and laicism workers in own schools and other institutions as well as
on Theological Universities and theological faculties under the conditions according
to the special legal acts, 5)
b) acquire authorisation to
execution special rights according to this legal act.
Article 7
Special rights
of registered churches and religious societies
a) to teach religion on state
schools according to the special legal act 4),
b) to charge persons executing
spiritual servicies with execution spiritual servicies in military forces of
Czech Republic, in areas, in which is serving custody or imprisonment,
preventive cure and social retraining,
c) to be financed according to
the special legal act on economical security of churches and religious
societies. 6)
d) to celebrate rites, by which
church weddings are solemnized according to the special legal act. 7)
e) to found church schools
according to the special legal act. 4)
f) to observe obligation of
non-disclosure of clergyman in relation to practice of the seal of confession
or to practice of right, which is similar to the seal of confession, if this
obligation is traditional part of teching of church and religious society at
least 50 years; by this is not offended the duty to break crime imposed by
special legal act. 8)
(2) Execution of special rights according to the
paragraph 1 lit. a) - e) is arranged by special legal acts. 9)
(3) Registered church and religious society with
authorization to execution of special rights publish each year annual report on
execution of rights according to the paragraph 1 lit. a) - e).
Article 8
Union of
churches and religious societies
(2) Members of union of churches and religious
societies can only be registered churches and religious societies.
(3) Union of churches and religious societies cannot
propose for registering church juridical person.
Head three
Registration of church and religious
society, union of churches
and religious society and authorisation to
execute special rights.
Article 9
Common
provisions on registration
(2) Church and religious society or union of churches
or religious societies are registered and registered church and religious
society is adjudicated authorization to execution of special rights by the day,
in which decission on registration of church and religious society or on
adjudication of authorization of execution of special rights to registered
church and religious society issued by Ministry comes into legal force.
Article 10
Proposal for
registration of church and religious society
(2) Proposal for registration of church and
religious society must involve
a) basic characteristic of
church and religious society, its teaching and mission,
b) record of establishment of
church and religious society on territory of Czech Republic.
c) original signatures of 300
full age ciztizens of Czech Republic or foreigners with permanent residence in
Czech Republic espousing to this church and religious society, with giving
their personnal data acording to this act and with giving the same text on each
attendance list, which content full name of church and religious society, which
takes signatures for purpose of registration, and from which it is evident,
that the attendance list is signed only by the person, who is espousing to this
church and religious society. 11)
d) basic document of church and
religious society.
(3) Basic document of church and religious society
must involve
a) name of church and religious
society, which must be distincted from the name of juridical person, which has
already operated on territory or which has already proposed for registration,
b) mission of church and
religious society and fundamental articles of their belief,
c) Seat of church and religious
society,
d) appointment of body of the
church and religious society, which acts on behalf of its name on territory of
the Czech Republic, introduction of its establishing and removal, term of
office of its members and definition of its power, in which it acts and
performs legal actions on behalf of name of church or religious society, and if
and in which amount can other persons performs legal acts on behalf of church
and religious society,
e) personal data of members of
body according to the lit. d), if they are authorized representatives in the
time of submission of proposal appointed,
f) organization structure of
church and religious society, types of bodies and other institutions of church
and religious society with appointing of those, which have to be church
juridical persons, separately from those, which become juridical persons according
to the special legal act, if they are appointed in basic document, way of their
establishing and abolishing including appointment of legal successor in the
case of termination, appointment of their authorized representatives including
way of their creation or removal, term of their office and definition if and in
which amount can other persons represent their.
g) way of appointment and
removal of clergymen,
h) way of approving of basic
document and its changes,
i) integration of church and
religious society into the structures of church and religious society out of
territory of Czech Republic,
j) principles of management of
church and religious society, especially the way of acquiring financial means,
icluding amount of authorization of persons, bodies and other institutions of
church and religious society to disposing of property,
k) way of disposition of
liquidation balance, which results from liquidation of church and religious
society,
l) rights and duties of persons
espousing to the church and religious society.
(4) On behalf of church and religious society
preparatory body acts until their bodies are established according to the
paragraph 3 lit. d)
(5) If in the time of submission of proposal of
registration of church and religious society members of the body are not
appointed according to the paragraph 3 lit. d), church and religious society
will announce their personnal data not later than in 10 days after their
appointment.
Article 11
Proposal for
authorization of execution of special rights
a) is registered according to
this legal act continuously to the date of submission of proposal at least 10
years,
b) published each year 10 years
before submission of this proposal annual reports of its activities for
calendar year,
c) fulfil duly their obligation
to the state 12) and to the third persons.
(2) Proposal for authorization of execution of
special rights submits body of registered church and religious society.
(3) Proposal for authorization of execution of
special rights can be submitted either for execution of all special rights
according to the article 7 par. 1 nor only for execution of special rights
according to the article 7 par. 1 lit. a) - e).
(4) Proposal for authorization of execution of
special rights according to the article 7 par. 1 lit. a) - e) must involve
a) original of signatures of as
many full age citizens of the Czech Republic or foreigners with permanent
residence on territory of the Czech Republic espousing to this church and
religious society, as is 1 per thousand of inhabitants od the Czech Republic
according to the last counting of people 13), with involving of their personnal
data according to this legal act and with involving of the same text on each
attendance list, which includes full name of the church and religious society,
which take signatures for the aim of its registration, and from which it is
evident, that attendance list is signed only by person, who espouses to the
church and religious society. 11)
b) declaration, that their
recent activities as juridical persons according to this legal act are not in
conflict with the conditions determined by this legal act and that they meet
the conditions according to the paragraph 1 lit. c)
c) texts of annual reports
according to the paragraph 1 lit. b) and financial statements for the time of
10 years before the submission of this proposal.
(5) Proposal for authorization of execution of all
special rights according to the article 7 par. 1 must involve elements
according to the paragraph 4 and document which comfirms, that the obligation
of duty of non-disclosure of clergymen in connection to the execution of the
seal of confession or to practice of right, which is similar to the seal of
confession is traditional part of teaching of church and religious society at
least for 50 years.
Article 12
Proposal for
registration of union of churches and religious societies
a) name of union of churches
and religious societies, which must be be distincted from the name of juridical
person, which has already operated on territory or which has already applied
for registration,
b) seat of union of churches
and religious societies,
c) written agreement of
association concluded by foundating churches and religious societies, in which
are given their names and seats,
d) constitution of union, in
which are specified object of activities of union of churches and religious societies,
arrangement of property relations, creation and abolishment of membership,
rights and duties of members, authorized representative of union of churches
and religious societies and other bodies of union, term of office of members of
its bodies, way of their creation and amount of their power to act on behalf of
union, way of abolishhing of union and way of disposition of liquidation
balance,
e) personnal data of persons
authorized to act on behalf of it before the bodies of union will be created
(hereinafter referred to as "preparatory board of union") and
appointment, who of its members is authorized to act on behalf of the
preparatory board of union.
(2) Written agreement of association on establishing
of union of churches and religious societies must be given in the form of
notarial deed.
(3) Proposal for registration of union of churches
and religious societies submits preparatory board of union. Signature of
members of preparatory board of union must be authenticated. 10)
Article 13
Completing of proposals
for registration of church and religious society, union of churches and
religious societies and for authorization of execution of special rights
(1) If proposal for registration of church and
religious society for registration of their unions and proposal for
authorization of execution of special rights does not contain all elements
according to this legal act, Ministry will determine deadline to completion of
data, which last at least 1 mounth from delivery of notice.
(2)
Notice according to the par. 1 will be delivered
a) in the case of proceeding of
registration of church and religious society and of registration of union of
churches and religious societies in own hand of authorized person of
preparatory board or preparatory board of union,
b) in the case od proceeding of
authorization of execution of special rights to body of registered church and
religious society.
(3) If proponent does not complete data in
determined deadline, Ministry will suspend proceeding.
Article 14
Procedure of
Ministry
a) if the proposal for
registration is submitted by person , who accomplish conditions defined by this
legal act,
b) if the proposal for
registration fulfil all elements defined by this legal act,
c) in the case of proceeding of
registration of church and religious society and of proceeding of authorization
of execution of special rights if activities of church and religious society
are not in conflict with their basic document and with conditions defined by
this legal act.
(2) If data in proposal for registration according
to the paragraph 1 accomplished to the real status of matter and if the
conditions according to the paragraph 1 are satisfied, Ministry will decide,
that church or religious society is registered or that the union of churches or
religious societies is registered or that it is authorized to execution of
special rights.
(3) If data in proposal for registration according to
the paragraph 1 do not accomplish to the real status of matter or if the
conditions according to the paragraph 1 aren´t satisfied, Ministry will decide,
that registration of church and religious society or registration of their
union or authorization of execution of special rights according to the article
11 par. 3 is dismissed.
(4) Ministry will record registration of church and
religious society and authorization of execution of special rights to the
Register of registrated churches and religious societies to the date, in which
decision on registration comes into legal force.
(5) Ministry will record registration of union of
churches and religious societies to the Register of unions of churches and
religious societies by the date, in which decision on registration comes into
legal force.
(6)
Decision on
a) registration of church and
religious society and on registration of union of churches and religious
societies are delivered in own hand of authorized person of preparatory board
or preparatory board of union,
b) authorization of execution
of special rights is delivered to body of registered church and religious
society.
Article 15
Registration
of changes
(2) Proposal for changes of basic document of church
and religious society and for changes of agreement of association of union of
churches and religious societies must involve full text of these parts of text,
which are related to the changes.
(3) Registration is not needed for changes in
members of bodies of registered church and religious society, authorized
representatives of union of churches and religious societies, and changes of
personnal data of members of their bodies and authorized representatives.
Ministry records these changes according to the paragraph
5.
(4) Changes according to the paragraph 3 the body of
registered church and religious society and authorized representative of union
of churches and religious societies, included documents about appointing these
persons by proper body according to the internal regulations of church or
religious society is obliged to announce to Ministry in 10 days from the day,
in which change was done.
(5) Ministry will execute record about change
according to the paragraph 3 in 5 working days from the day, in which was
delivered full application for changes of data in Register of registered
churches and religious societies or in Register of unions of churches and
religious societies. In the case, that the application for execution of change
according to the paragraph 3 is not complete, Ministry will notice within 5
working days in written form body of church, religious society or authorized
representative of union of churches and religous societies to complete data in
10 day from delivering of this notice.
Head four
Church juridical persons
Article 16
Evidence of
church juridical persons
(2) Proposal for records of juridical person
according to the paragraph 1 must included:
a) document about its
foundation by competent body of registered church and religious society
according to its basic document,
b) determination of object of
its activity and its constitution, if they exist,
c) its name, which must be
different from the name of juridical person, which operates on territory of
Czech Republic, or which has already applied for registration,
d) its seat on territory of
Czech Republic,
e) appointment of members of
its authorised representative on territory of Czech Republic,
f) personal data of members of
its authorised representative.
(3) Proposal according to the paragraph 1 registered
church and religious society submits within 10 days from the day of foundation
of church juridical person. Ministry executes records of church juridical
person by record in Register of church juridical persons within 5 working days
from the day of delivery of proposal. Records will be executed to the day of
its foundation in registered church and religious society.
(4)
If registered church and religious society will not keep to the time-limit
according to the paragraph 3, records will be executed to the day of delivery
of proposal according to the paragraph 1 to the Ministry.
(5) If the proposal according to the paragraph 1
does not fulfil elements according to the paragraph 2, Ministry will notice
within 10 working days from the day of delivery of proposal the body of
registered church and religous society, competent to its submission, to complete
it, eventually to remove insufficiencies, within 30 days, and will notify, that
if this time-limit will not be kept, proceeding on proposal will be suspended.
Head V
Registers of registered churches and
religious societies, unions
of churches and religious societies and
church juridical persons
Article 17
Common
provisions about Registers of registered churches and religious societies,
unions of churches and religious societies and church juridical persons
(1) Ministry administers Register of registered churches
and religious societies, Register of unions of churches and religious societies
and Register of church juridical persons, in which are recorded data
derermineted by this legal act and which component part is collection of
documents submitted by church and religious societies and unions of churches
and religious societies according to this legal act.
(2) Registers according to the paragraph 1 are
public lists except data about address of place of permanent residence of
natural persons and its bitth registration numbers, or about their citizenship
and number of card of residence permit of foreigners and except of bills
according to the article 10 paragraph 2 lit. c) and according to the article 11
paragraph 4 lit. a).
(3) Everybody has the right to see Registers
according to the paragraph 1 in its part, which is a public list, and has the
right to make copies of an entry or copies of records. Against written
statement can be issued from public part of Registers formal copy of records,
copy of an entry or confirmation about specific record, or that some records
are not in them. From non-public part of Registers can be such a document
issued only if petitioner will prove legal interest.
(4) Facts recorded in Registers according to the
paragraph 1 are effective to everybody from the day of their recording. Against
that person, who acts in good faith to the record in Registers, that person,
who is the subject of the record, cannot object, that the record does not
correspond to reality.
(5) Record to the Registers according to the
paragraph 1 about facts, on which Ministry issues decission, will Ministry do
by the day, in which decision came into legal force. Records and its changes,
on which Ministry does not issue decission, will Ministry do by the day determined
by this legal act.
(6) Registration number is assigned by Ministry 15)
to registered church and religious society, union of churches and religious
societies and to church juridical persons with the record of these juridical
persons to the Registers according to the paragraph 1.
Article 18
Register of
registered churches and religious societies
(1) In Register of registered churches and religious
societies following data and their changes are recorded:
a) name and seat of registered
church and religious society and date and number of registration,
b) name and seat of body of
registered church and religious society according to the article 10 paragraph 3
lit. d),
c) personal data of members of
body according to the article 10 paragraph 3 lit. d),
d) registration number of
registered church and religious society,
e) acquisition of authorisation
to execution special rights with giving the day and number of registration with
denotation, if registered church or religious society acquired all special
rights according to the article 7 paragraph 1 or special rights according to
the article 7 paragraph 1 lit. a) - e),
f) abolishment of registration
of church and religious society, entering the commencement of liquidation and
personnal data of liquidator, adjudication of bankruptcy and personnal data of
trustee in bankruptcy, dismission of proposal to adjudication of bankruptcy for
the lack of estate and beginning of proceeding of composition with giving a day
and number of decission on these facts, termination of existence of registered
church and religious society,
g) identifying data of legal
succesor of church and religious society, if they were abolished with legal
succesor.
(2) Component part of Register according to
paragraph 1 is collection of documents, which includes documents submitted
together with proposal for registration of church and religious society, with
proposal for adjudication of authorization to execution of special rights, with
proposals for change of these documents and decissions of the Ministry.
Article 19
Register of
union of churches and religious societies
(1) In Register of unions of churches and religious
societies following data and their changes are recorded:
a) name and seat of union of
churches and religious societies with giving of date and number of registration,
b) names of members of union of
church and religious societies and their seats,
c) name and seat of authorized
representatives of union of churches and religious societies
d) personal data of members of
authorized representative of union of churches and religious societies,
e) registration number of union
of churches and religious societies,
f) abolishment of registration
of union of churches and religious societies, entering the commencement of
liquidation and personnal data of liquidator, adjudication of bankruptcy and
personnal data of trustee in bankruptcy, dismission of proposal to adjudication
of bankruptcy for the lack of estate and begining of proceeding of composition
with giving a day and number of decission on these facts.
g) identifying data of legal
succesor of union of churches and religious societies, if it was abolished with
legal successor.
(2) Component part of Register of union of churches
and religious societies is collection of documents, which involves documents
submited with proposal for registration of union of churches and religious
societies, with proposals for change of these documents and decissions of the
Ministry.
Article 20
Register of
church juridical persons
(1) In Register of church juridical persons are
recorded these data and their changes:
a) name of church juridical
person with giving of date and number of registration,
b) seat of church juridical
person in territory of Czech Republic,
c) designation of authorized
representative of church juridical person,
d) personnal data of members of
authorized representative of church juridical person,
e) registration number of
church juridical person,
f) abolishment of records of
church juridical person, entering the commencement of liquidation and personal
data of liquidator, adjudication of bankruptcy and personal data of trustee in
bankruptcy, dismission of proposal to adjudication of bankruptcy for the lack
of estate and begining of proceeding of composition with giving a day and
number of decission on these facts.
g) identification data of legal
succesor of church juridical person, if it was abolished with legal succesor,
h) termination of existence of
church juridical person.
(2) Component part of Register of church juridical
persons is collection of documents, which includes documents submitted with
proposal for records of church juridical person and with proposals for change
of these documents.
(3) Data according to paragraph 1 lit. d) and their
changes will be under the application of registered church and religious
society replaced by designation of body of church and religious society, which
administers these data and their changes and which is obliged to apply provision
of article 17 accordingly in administration of these part of Register of church
juridical persons.
Head VI
Abolishment and termination of existence
of registered church and religious society, union of churches and religious
societies and church juridical person, abolishment of authorisation of
registered church and religious society to execution of special rights
Article 21
Abolishment of
authorisation to execution of special rights
(1) Ministry begins proceeding of abolishment of
authorisation to execution of special rights
a) if registered church and
religious society violates by serious manner or repeatedly obligations to the
state or to third persons,
b) if registered church and
religious society does not publish each year annual report according to the article
7 paragraph 3, or
c) under inducement of body of
state administration according to its authorization given by special legal act,
in which it is proved serious or repeated violation of duties for operation of
registered church and religious society according to the special legal act or
to the agreement with this body of state administration.
(2) Ministry will discontinue proceeding of
abolishment of authorization to execution of special rights of registered
church and religious society according to the paragraph 1, if the reason of
proceeding was terminated, or if registered church and religious society will
prove in written form, that by procedure proposed by them the reason of
procedure will be in reasonable time eliminated with agreement of those persons,
who were affected by conduct, which leaded to beginning of proceeding of
abolishment of authorization to execution of special rights.
(3) Decission of Ministry on abolishment of
authorization to execution of special rights of registered church and religious
society concerns all special rights according to the article 7 paragraph 1.
(4) Decission of Ministry on abolishment of
authorization to execution of special rights of registered church and religious
society, which came into legal force, will be sent by Ministry to Ministry of
the Interior to be noted.
Article 22
Abolishment of
registration of church and religious society and of union of churches and
religious societies
a) based on application of
registered church and religious society for abolishment of its registration or
based on application of union of churches and religious societies for
abolishment of its registration,
b) in the case of cancellation
of the bankruptcy proceedings as a result of the compliance with the resolution
to distribute the estate or of cancellation of the bankruptcy proceedings
becuase of estate of church and religious society or of union of churches and
religious societies is not sufficient to cover the expenses of bankruptcy
proceedings or in the case of dismission of proposal to adjudication of
bankruptcy for the lack of estate,
c) if registrated church and
religious society or union of churches and religious societies develop activity
in contrary to legal order,
d) if bodies of registered
church and religious societies or authorized representatives of union of
churches and religious societies were not established longer than 2 years, or
if term of office of the recent bodies or authorized representatives finished
before more than 2 years and new ones were not established.
(2) In the case of activity introduced in paragraph 1
lit. c), the Ministry will notice registred church and religious society or
union of churches and religious societies before the beginning of proceedings,
to refrain from notified activity in reasonable time. If rgistered church and
religious society or union of churches and religious societies carry on with
the activity, Ministry will begin the proceedings of abolishment of
registration.
(3)
Similarly as in paragraph 2 the Ministry carry on, if status according to the
paragraph 1 lit. d) becomes.
Article 23
Procedure
according to the special legal acts
In case of liquidation of registered church and
religious society or of union of churches and religious societies or of church
juridical person according to this legal act special legal act will be used accordingly,
16) unless this law stipulates otherwise.
Article 24
Method of
abolishment of registered church and religious society and union of churches
and religious societies
(1) Registration of church and religious societies
or of union of churches and religious societies is abolished by the day, on
which the decission of abolishment of their registration came into legal force.
(2) After the abolishment of registration of church
and religious society liquidation must be carry out and liquidation of all its recorded
church juridical persons, unless these law stipulates otherwise.
(3) Abolishment with liquidation is not required
only then, if the abolishment of church and religious society according to the
article 22 paragraph 1 lit. a) and the devolution of all its rights and
obligations and of rights and obligations of its recorded church juridical
persons is probatively proved by obligation in writing of other registered
church and religious society about assumption of all these rights and
obligations.
(4) After the abolishment of registration of union
of churches and religious societies follows its liquidation, which is not
required, if the abolishment of registration according to the article 22
paragraph 1 lit. a) and devolution of all rights and obligations of union of
churches and religious societies, which registration was abolished, is
probatively proved by obligation in writing of other registered union of
churches and religious societies on assumption of all these rights and
obligations.
(5) Within 5 working days from the finishing of
liquidation, liquidator will announce this fact to the Ministry.
(6) Liquidation balance from liquidation according
to the paragraph 2 devolves to other registered church and religious society
determinated in basic document. If basic document does not involve these
determination or if the registration of so determined church or religious
society was abolished or if the registered church and religious society refused
the liquidation balance, devolves liquidation balance on state, which must use
it for the benefit of registered churches and religious societies.
Article 25
Termination of
existence of registered church and religious society or of union of churches
and religious societies
(1) Registered church and religious society or union
of churches and religious societies terminates its existence as juridical
person by the day of its erasure from Registers according to the article 18
paragraph 1 lit. f) and article 19 paragraph 1 lit. f) of this legal act.
(2) Ministry will make erasure according to the
former paragraph within 5 working days from notifiction of finishing of
liquidation by liquidator or by the day, in which the decission on abolishment
of registration came into legal force, if the liquidation according to these legal
act does not follow.
Article 26
Abolishment of
records of church juridical person and termination of its existence
(1) Ministry will abolish records of church
juridical person
a) on proposal of registered
church and religious societies in 5 working days from the day of delivery of
this proposal,
b) under its own inducement, if
ascertains, that church juridical person conducts in contrary to its competence
determinated in proposal for records according to the article 15 paragraph 4 or
in contrary with legal acts and if competent body of registered church and
religious society does not make correction after the notification of Ministry,
by the day, in which the decission of abolishment of records came into legal
force.
c) under its own inducement, if
the registration of church and religious society was terminated, which proposes
the church juridical person to record, by the day, in which the decission of
abolishment of registration of church and religious society came into legal
force according to the article 24 paragraph 3,
d) If on estate of church
juridical person was adjudicated bankruptcy, in the case of cancellation of the
bankruptcy proceedings as a result of the compliance with the resolution to
distribute the estate or of cancellation of the bankruptcy proceedings becuase
of its estate is not sufficient to cover expenses of bankruptcy proceedings or
in the case of dismission of proposal to adjudication of bankruptcy for the
lack of estate.
(2) Church juridical person terminates its existence
by erasure from Register of church juridical persons.
(3) Termination of existence of church juridical
person anticipates its abolishment with liquidation or abolishment without
liquidation, if its estate and obligations devolve on church and religious
society or its other church juridical person.
(4) If the estate of church juridical person in
liquidation is not sufficient to cover obligations, the church and religious
society, which proposes it for liquidation, guarantees these obligations.
(5) If church juridical person terminates its
existence without liquidation and if the proposal for adjudication of its
bankruptcy is not submitted, the date of its abolishment is the same as the
date of its erasure from the Register of church juridical persons.
Head VII
Common, transitional, delegating and final
provisions
§ 27
Common
provisions
(1) For proceedings according to this legal act are
valid common legal acts about administrative proceedings 17), unless this legal
act stipulates otherwise.
(2) Proposals according to this legal act are
submitted in written form in two copies.
(3) Proposals according to this legal act are
submitted in Czech language. Documents in other than Czech language must be
translated into Czech language and authenticated, unless the international
treaty, which is obligatory for Czech Republic, stipulates otherwise.
(4) Incomes of church and religious society are
especially
a) contributions from natural
and juridical persons,
b) incomes from sale and lease
of movable, immovable and immaterial property of church and religious societies,
c) interests on deposits,
d) donations and inheritance,
e) collections and
contributions from the part of proceeds according to the special legal act, 18)
f) loans and credits,
g) incomes from business or
from other gainful activity,
h) subsidies.
(5) Object of business and other gainful activity
must be defined in basic document of registered church and religious society.
Business and other gainful activity of church and religious society can be only
its complementary gainful activity and gained profits can be used only to
fulfilment of aims of activity of church and religious society.
(6) Church and religious society keep accounts
according to the special legal acts. 14)
(7) Ministry can assign registration number only to
the juridical persons according to this legal act. Assignation and abolishment
of registration numbers follows by special legal act. 15)
(8) Ministry can with consent of government make
exception and ajudicates authorization to execution of special rights according
to the article 7 paragraph 1 to the churches and religious societies, which
represent important world religion with long historic tradition, which operate
on territory of the Czech Republic and which are registered according to this
legal act. In this case fulfilment of conditions according to the article 11
paragraph 1 and 4 is not required. Proposal for adjudication of authorization
to execution of special rights can submit registered church and religious
society, which fulfil obligations to state and third persons properly.
Exception according to this paragraph can be adjudicated only within 5 years
from the day, in which this law comes into effect.
(9) Ministry will announce to Czech Statistic Office
data about recorded juridical persons not later than within 30 working days
from making of record into Register according to the paragraph 1 in amount of
data indispensable necessary for administration of statistic registers.
Article 28
Transitional
provisions
(1) Churches and religious societies, which by the
day, in which this law comes into effect operate their activity as registered
from legal act, are considered as registered according to this legal act. Its
list is introduced in Appendix to this legal act. Amount of authorization to
execution special rights according to the article 7 paragraph 1, which has
these churches and religious societies by the day, in which this legal act
comes into force, remains preserved.
(2) To the time of passage of the special rights
according to the article 7 paragraph 2 special rights can be executed according
to the recent legal acts. Agreements on execution of these rights of registered
churches and religious societies concluded before the this legal act comes into
force remain to that time valid.
(3) Church juridical persons recorded to the day, in
which this law comes into effect, are considered as recorded according to this
legal act. Date of their records according to the recent legal acts remains.
(4) Registered churches and religious societies
according to the paragraph 1 are obliged in the time of 1 year from the day, in
which this law comes into force, to complete to Ministry data according to this
legal act to their registration or records. If registered church and religious
society does not complete these data, Ministry will notify it to complete data
in time at least 30 days from the day of delivery of notifiction. If registered
church and religious society does not complete data in this time, Ministry
according to the character of non-completed data can begin the proceedings on
abolishment of its registration.
(5) Registred church and religious society is
obligated in time of 1 year from the day, in which this law come into force, to
complete data about recorded church juridical persons according to this legal
act by body, which is determinated to do it by its basic document. If data
about church juridical person are not completed in this time, Ministry will
notify registered church and religious society to complete data in time at
least 30 days from the day of delivery of notifiction. If registered church and
religious society does not complete data in this time, Ministry according to
the character of non-completed data can abolish record of church juridical
person. In the case of church juridical persons, which exist more than 50
years, document about its foundation according to the article 16 paragraph 2
lit. a) of this legal act can be replaced by affirmation of competent church
and religious society.
(6) Ministry will make into 2 years from the day, in
which this legal act comes into force, control of assigned registration numbers
of juridical persons according to this legal act and in this time will secure
its assignation or change in compliance with special legal regulation. 15)
Article 29
Delegating
provisions
Ministry determines by executive regulation
particulars and conditions for administration of Register of registered
churches and religious societies, Register of unions of churches and religious
societies and Register of church juridical persons and all forms of entry for
registration or records according to this legal act.
Article 30
Repealing
provisions
Repealed are:
1. Legal Act Nr. 308/1991
Coll., on freedom of religious faith and the position of churches and religious
societies
2. Legal Act Nr. 161/1992
Coll., on registration of churches and religious societies.
PART
SECOND
CHANGE
OF LEGAL ACT ON STATE ADMINISTRATION AND SELF ADMINISTRATION IN SYSTEM OF
EDUCATION
Article 31
PART
THIRD
CHANGE
OF LEGAL ACT ON SERVING OF IMPRISONMENT AND ON CHANGE OF SOME RELEVANT LEGAL
ACTS
Article 32
In article 20 paragraph 3 of legal act Nr. 169/1999
Coll., on serving of imprisonment, is after the word "societies"
inserted comma and words "to which were adjudicated authorization to
execution of special rights,".
PART
FOURTH
CHANGE
OF LEGAL ACT ON SERVING OF CUSTODY
PART
FIFTH
CHANGE
OF THE LEGAL ACT ON ECONOMICAL SECURE OF CHURCHES AND RELIGIOUS SOCIETIES BY
THE STATE
Article 34
1. In article 1 paragraph 1 is
after the word "societies" inserted comma and words "to which
were adjudicated authorization to execution of special rights,".
2. Footnote Nr. 1) is: "1)
Legal act Nr. 3/2002 Coll., on the freedom of religious confession and the
position of churches and religious societies and on the changes of some legal
acts (Law on churches and religious societies).".
3. In article 8 paragraph 1 is
after the word "societies" inserted comma and words "to which
were adjudicated authorization to execution of special rights,".
CHANGE
OF PENAL CODE
Article 35
PART
SEVENTH
EFFECT
Article 36
Klaus, signed
in my own hand.
Zeman, signed
in my own hand.
Appendix
to Act Nr. 3/2002 Coll.
List
of churches and religious societies in Czech Republic:
1)
2)
Brothers
Baptist Union
3)
Church
of¨the Seventh-day Adventists
4)
Brethren
Church
5)
Czechoslovak
Hussite Church
6)
Church
of Jesus Christ of Later-day Saints
7)
Greek
Catholic Church
8)
Roman
Catholic Church
9)
Evangelical
Church of Czech Brethren
10)Evangelical Church of Augsburg Confession in the
Czech Republic
11)United Methodist Church
12)Federation of Jewish Communities in the Czech
Republic
13)Unity od Brethren
14)Christian´s communities
15)Luther Evangelical Church of the Augsburg Confession
in the Czech Republic
16)Religious Society in the Czech Unitariands
17)Religious society of Jehovah´s Witnesses
18)New Apostolic Church in the Czech Republic
19)Orthodox Czechoslovak Church
20)Silesian Evangelical Church of the Augsburg
Confession
21)Old Catholic Church in the Czech Republic
notes:
1) Nr. 104/1991 Coll., on
Agreement on rights of childrens
legal act Nr. 221/1999 Coll., on
professional soldiers, in expression of legal act Nr. 155/2000 Coll.