Amendment text

t072702

Source: https://www.psp.cz/sqw/historie.sqw?o=9&t=727

Parliament of the Czech Republic

CHAMBER OF DEPUTIES

2024

9th term

172

RESOLUTION

of the committee for security

of its 46th meeting

of September 5, 2024

on the Governmental proposal for an act amending the act No. 65/2022 Coll., on several measures in relation to the military conflict in the territory of Ukraine caused by the invasion of the armed forces of the Russian Federation, as amended, and other related acts

/parliamentary print 727/

The Committee for Security, after the initial speech of the minister of interior Mgr. Bc. Vít Rakušan, after the report of the deputy head of the committee, Martin Exner, and after the general and detailed debate

I.          r e c o m m e n d s to the Chamber of Deputies of the Parliament of the Czech Republic to a p p r o v e

the proposal for an act amending the act No. 65/2022 Coll., on several measures in relation to the military conflict in the territory of Ukraine caused by the invasion of the armed forces of the Russian Federation, as amended, and other related acts (parliamentary print 727)

with  these  amendments:

1. Special rules for acquiring of citizenship

1. In the first part Art. 1 (3) shall read as follows:

„3. In Section 1 in the end of the paragraph 1 the dot is replaced by comma and the following letters f) and g) are added:

„f) long-term stay in connection with the armed conflict in Ukraine caused by the invasion of the armed forces of the Russian Federation (the “special long-term stay”) and

g) special rules for acquiring of citizenship of the Czech Republic in connection with the armed conflict in Ukraine caused by the invasion of the armed forces of the Russian Federation (the “special rules of acquiring of citizenship”)”

2. In the first part Art. 1 (31) the first sentence the text “7w” is replaced by “7y” and new Sections 7x and 7y are added, which shall read as follows:

„Special rules of acquiring of citizenship

Section 7x

(1) In order to protect security and foreign policy interests of the Czech Republic in connection with the armed conflict in Ukraine caused by the invasion of the armed forces of the Russian Federation citizenship of the Czech Republic can be granted only to a natural person who was, at the moment of filing the request for granting the citizenship of the Czech Republic, citizen of the Russian Federation, only if it presents a certificate of loss of Russian citizenship.

(2) The paragraph 1 does not apply

a) if the person to be granted the citizenship of the Czech Republic is an asylum holder,

b) in case of a motion according to Section 16 of the Czech Republic Citizenship Act

c) in case of a motion according to Section 28 of the Czech Republic Citizenship Act

(3) The Ministry of Interior shall, in case of fulfillment of conditions pursuant to Sections 13 and 14 of the Czech Republic Citizenship Act, issue to the petitioner pursuant to par. 1 a promise of granting the citizenship of the Czech Republic, request the petitioner to present a certificate of loss of Russian citizenship and suspends the proceedings. If the petitioner does not present the certificate in the set deadline, the Ministry of Interior shall terminate the proceedings.

(4) The citizenship of the Czech Republic shall be acquired on the basis of a declaration by a person who was, at the moment of making the declaration on acquiring of the citizenship of the Czech Republic a citizen of the Russian Federation, if he presents a certificate of loss of citizenship of the Russian Federation. If the petitioner does not present the certificate in the set deadline, the Ministry of Interior shall terminate the proceedings.

Section 7y

(1) Proceedings on granting the citizenship of the Czech Republic filed by a citizen of the Russian Federation older than 15 years or filed on his behalf, shall be terminated on the day following the day when the motion is granted to the Ministry of Interior pursuant to Section 21 (1) of the Czech Republic Citizenship Act.

(2) The proceedings suspended pursuant to par. 1 shall be continued on the day following the date of expire of Section 2 of this act.

(3) In case of proceedings a joint motion filed pursuant to Section 18 of the Czech Republic Citizenship Act, suspended pursuant to par. 1, in which there is a participant, who is not a citizen of the Russian Federation, the Ministry of Interior shall issue a resolution of excluding the motion related to this person from joint proceedings and decide on it separately.

(4) The paragraph 1 does not apply if

a) the person to be granted the citizenship of the Czech Republic is an asylum holder,

b) in case of a motion according to Section 16 of the Czech Republic Citizenship Act

c) in case of a motion according to Section 28 of the Czech Republic Citizenship Act

(5) In proceedings on declaration on acquiring of citizenship of the Czech Republic made by a citizen of the Russian Federation older than 15 years or on his behalf, provisions of par. 1, 2 and 4(a) shall apply analogically.

3. A new Art. II shall be added to the first part after Art. I, which shall, including the title, read as follows:

„Art. II

Transitional provision

Provisions of Section 7x and Section 7y of the act č. 65/2022 Sb., as amended by the date of effect of this act, shall apply to a motion on granting of citizenship of the Czech Republic filed prior to the date of effect of this act, provided that no decision was taken on the motion pursuant to Section 24 of the Czech Republic Citizenship Act.”

The existing Art. II-VIII shall be referred to as Art. III-IX.

2. Změna v oblasti daní

A new fifth part shall be added after the fourth part, which reads, including the title, as follows:

FIFTH PART

Amendment of the act on tax measures in connection with the armed conflict in Ukraine caused by the invasion of the armed forces of the Russian Federation

Art. V

The act No. 128/2022 Coll.,

Zákon č. 128/2022 Sb., on tax measures in connection with the armed conflict in Ukraine caused by the invasion of the armed forces of the Russian Federation, as amended by the act No. 366/2022 Sb. and the act No. 349/2023 Sb., shall be amended as follows:

1.       In Section 1 par. 1 words „years 2022 and 2023″ are replaced by words „years 2022-2026″.

2.       In Section § 1 par. 2  words „February 29, 2024″ are replaced by words „ February 28, 2027″.

3.       In Section § 1 par. 3 initial parts of the provision and par. 4 the words „years 2022 and 2023″ are replaced by words „years from 2022 to 2026″.

4.       In Section § 1 par. 6 words „years 2022 and 2023″ are replaced by words „years from 2022 to 2026″ and words „years 2022 and 2023″ are replaced by words „years from 2022 to 2026″.

5.       In Section § 2 par. 1 letter a) words „taxable periods of years 2022 and 2024 “ are replaced by words „ taxable periods of years 2022-2024“.

6.       In Section § 2 par. 1 letter b) and Section 3 par. 1 se slova words „years 2022 and 2023″ are replaced by words „years from 2022 to 2026″.

The existing fifth to eight parts shall be newly referred to as sixth to ninth part and the existing articles V-VIII are newly referred to as articles VI-IX.

II.        e m p o w e r s the committee reporter to

  • inform the meeting of the Chamber of Deputies of the Parliament of the Czech Republic of the position of the committee;
  • make necessary legislative and technical changes in collaboration with the proposer and the legislative committee of the Administration of the Parliament of the Czech Republic

            III.       a u t h o r i s e s the chairman of the committee to present this resolution to the chairman of the Chamber of Deputies.

Michal ZUNA v. r. minutes clerkMartin EXNER v. r. deputy chairman and committee reporter
  
  
  
  
  
PhDr. Pavel ŽÁČEK, Ph.D. v. r. chairman of the committee