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:
Changed by the Decision of
the Constitutional Court of the Czech Republic, published in Collection of Laws
under Nr. 4/2003.
(in force since 13th of January 2003, in text are
abolished provision signed as xxxx)
PART
FIRST
FREEDOM
OF RELIGIOUS CONFESSION
AND
THE POSITION OF CHURCHES AND RELIGIOUS SOCIETIES
Head one
Introductional provisions
Article 1
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
(1) Freedom of thought, conscience and
religious confession is guaranteed. Everybody has the right to profess freely
his or her religion or faith either alone or jointly with others, privately or
in public, through worship, teaching, religious acts, or through maintaining
ritual. Everybody has the right to change his or her religion or faith, or to
have no 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)
person
espousing to the church and religious society is a person, who according to
his/her internal conviction and internal regulations of church and religious
society belongs to it.
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
(1) Church and religious society is formed by
voluntary associating of natural persons and independently decides on matters
related to professing of belief, on organization of religious community and on
founding institutions designated to it.
(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.
Church and religious society cannot be established
and cannot operate, which activities are at variance with this legal acts,
which teaching or activities pose a threat to rights, freedoms and equality of
citizens and their associations including other churches and religious
societies, which pose a threat to democratic grounds of state, it
souvereignity, independence and territorial unity and
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)
curtail
personal freedom, especially through using psychical or psychological pressure
to make dependence, which leads to physical, psychological or economical
hurting of these persons and their family members, to hurting of thier social
relationships including curtailing of psychological development of juvenile and
curtailing of their right to education4), bar juvenile to take health care
appropriated to their health needs, or
a)
is
restricted as a whole or in some parts, as well as organization structure of
the church and religious society and relations to foreign parts, if it is a
part of church or religious society operating out of territory of the Czech
Republic
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
(1) Registered church and religious society can
under conditions set by this law for fulfilling its mission acquire
authorization to execution these special rights:
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
(1) To execute right of religious freedom according
to this legal act registred churches and religious societies may found 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
(1) Proposal for registration of church and
religious society, union of churches and religious societies and proposal for
adjudication of authorization to
execution of special rights are submited to Ministry by person or body
according to this legal act.
(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
(1) Proposal for registration of church and
religious society shall be submitted to Ministry by at least three physical
persons, who attained the age of 18th years, have legal capacity and are citizens of Czech Republic or
foreigners with permanent residence in Czech Republic (hereinafter referred to
as "preparatory board"). Members of preparatory board sign proposal and give
personnal data. Preparatory board appoint in proposal, which member is authorized
to act on preparatory board´s name. Signatures of members of preparatory board
must be authenticated. 10)
(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
(1) Proposal for authorization of execution of
special rights can submit registered church and religious society, which
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
(1) Proposal for registration of union of churches
and religious societies must involve
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
(1) Ministry in proceeding of registration of church
and religious society, union of churches and religious societies or in
proceeding of authorization of execution of special rights of registered
churches and religious societies according to the article 11 par. 3
(hereinafter referred to as "proposal for registration") checks on
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.
(2) 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.
(5)
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
(1) Registration is also necessary to changes of
basic document of church and religious society, to changes of agreement of
association of union of churches and religious societies, its name, seat and
constitution. Proposal for registration of changes submits to Ministry church
and religious society and union of churches and religious societies in 10 days
from the day, in which change was done.
(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
(1) Proposal for records of body of registered
church and religious society or monastic or other church institution as church
juridical person submits body of registered church and religious society
appointed to do it by basic document presented according to the article 10
paragraph 3.
(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
(1) Ministry will begin proceeding of abolishment of
registration of church and religious society or proceeding of abolishment 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
In article 10 paragraph 1 of legal act Nr. 564/1990
Coll, on state administration and self-administration in system of education,
in expression of legal act Nr. 132/2000 Coll, is after the word "established"
inserted word "registered", word
"communities" is replaced with word "societies" and after the word "societies"
is inserted comma and words "to which were adjudicated authorization to
execution of special rights,".
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
Article 33
1.
In
article 15 paragraph 2 legal act Nr. 293/1993 Coll., in expression of legal act
Nr. 208/2000 Coll., is after the word "societies" inserted comma and words "to
which were adjudicated authorization to execution of special rights,".
1.
Footnote
Nr. 5) is: "5) Legal act Nr. ..../2001 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). Article
91 of legal act Nr. 100/1988 Coll., on social security, in expression of legal
act Nr. 180/1990 Coll.".
PART
FIFTH
CHANGE
OF THE LEGAL ACT ON ECONOMICAL SECURE OF CHURCHES AND RELIGIOUS SOCIETIES BY
THE STATE
Article 34
Legal act Nr. 218/1949 Coll., on economic security
of churches and religious societies by the state, in expression of legal act
Nr. 88/1950 Coll., legal act Nr. 16/1990 Coll., legal act Nr. 165/1992 Coll.
and legal act Nr. 552/1992 Coll., is changed in this way:
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. ..../2001 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,".
PART
SIXTH
CHANGE
OF PENAL CODE
Article 35
In article 168 of legal act Nr. 140/1961 Coll.,
Penal Code, in expression legal act Nr. 45/1973 Coll., legal act Nr. 175/1990
Coll., legal act Nr. 545/1990 Coll., legal act Nr. 290/1993 Coll., legal act
Nr. 38/1994 Coll., legal act Nr. 152/1995 Coll., legal act Nr. 148/1998 Coll. a
legal act Nr. 210/1999 Coll. is in the end of paragraph 3 amended this
sentence: "Duty to inform does not have also churchman of registered church and
religious society with authorization to execution of special rights, if he gets
wise to commission of a crime in relation to practice of the seal of confession
or to practice of right, which is similar to the seal of confession.".
PART
SEVENTH
EFFECT
Article 36
This legal act comes into force by the day of
promulgation.
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) Apostolic Church
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
1) Nr. 104/1991 Coll., on
Agreement on rights of childrens
2) Legal act Nr. 326/1999 Coll.,
on residence of foreigners in territory of Czech republic and on change of some
acts, in expression of following acts.
3) Article 16 par. 2 of Charter
of fundamental rights and freedoms
4) Legal act Nr. 29/1984 Coll, on
system of basic ang hight schools and higher specialist schools (Act on
schools), in expression of following acts.
5) Legal act Nr. 29/1984 Coll.,
legal act Nr. 111/1998 Coll., on Universities and on change of some acts, in
expression of following acts.
6) Legal act Nr. 219/1949 Coll.,
on economic security of churches and religious societies by state, in expression
of following acts.
7) Legal act Nr. 94/1963, Coll.,
on family, in expression of following acts.
8) Article 167 of Criminal Code.
9) For example legal act Nr.
94/1963 Coll., legal act Nr. 29/1984 Coll., legal act Nr. 564/1990 Coll., on
state administration and self-administration, in expression of following acts,
legal act Nr. 293/1993 Coll., on execution of retention, legal act Nr. 169/1999
Coll., on execution of imprisonment and on change of related acts, in
expression of legal act Nr. 359/1999 Coll., legal act Nr. 220/1999 Coll., on
operation of fundamental and substitutional military service and military
training and about some legal relations of soldiers in service,
legal act Nr. 221/1999 Coll., on
professional soldiers, in expression of legal act Nr. 155/2000 Coll.
10) Legal act Nr. 41/1993 Coll.,
on authentication of conformity with copies of an entry or copies with lits and
on authentication of signature by municipal bodies and on issuing of
confirmations by municipal bodies and by district bodies, in expression of
following legal acts; Legal act Nr. 358/1992 Coll, on notaries and their
operation (code of notarial practice), in expression of following legal acts.
11) Legal act Nr. 85/1990 Coll.,
on the right on petition.
12) For example legal act Nr.
337/1992 Coll., on administration of taxies and fees, in expression of
following legal acts.
13) Legal act Nr. 158/1999 Coll.,
on counting of people, houses and flats in year 2001.
14) Legal act Nr. 563/1991 Coll.,
on accounting, in expression of following legal acts.
15) Article 22 paragraph 1 lit.
d) of legal act Nr. 89/1995 Coll., on state statistic service, in expression of
following legal acts.
16) Legal act Nr. 513/1991 Coll.,
Commercial Code, in expression of following legal acts.
17) Legal act Nr. 71/1967 Coll.,
on administrative proceedings (administrative Code), in expression of following
legal acts.
18) Legal act Nr. 37/1973 Coll., on public collecions and on loteries and other similar games, in expression of following legal acts. (This legal act was repealed by the legal act Nr. 117/2001 Coll., on public collections and on change of some legal acts (legal act on public collections), in force from 1st of July 2001 - note of translator)