Introduction to Law T17 Military disciplinary law Liability relations and conditions of military service

Disciplinary powers It is the right to grant rewards and punishments. Disciplinary powers have president and minister of defense, other superiors in the determination of basic military council. Detailed military regulation is Zákl-1, the basic order of the Armed Forces, Article , suppl Military discipline is in the proper performance of the duties of a soldier.

Disciplinary misdemeanors There are two types - according to § 51 par 1 and par. 2 A disciplinary misdemeanor in accordance with paragraph 1 - culpable conduct contrary to the laws or internal regulations and orders, unless it is a criminal offense (military misdemeanor) A disciplinary misdemeanor in accordance with paragraph 2 - acts of a soldier identified as a misdemeanor under special laws, penalties under those laws

Disciplinary rewards Awarded for exemplary performance of duties or for meritorious deeds (performing a heroic deed, manifestation of bravery in saving life), distinction of the following kinds of rewards: Written praise, Remission of previously imposed disciplinary punishment or expunged, Cash or gift,

Disciplinary punishments For disciplinary offenses pursuant to § 51 paragraph 1 of the Act provides the following types: A reprimand, A written reprimand, Warning for irresponsible service performance, A pay cut of up to 15% for up to six months,

Imposing sentences Before imposing the sentence must be completely and accurately findings of fact, the soldier has the right to present its case, give evidence, to defend themselves and to be represented, When deciding to take account of the nature of the offense, the circumstances and consequences, fault, current good character and potential punishments

The deadlines The penalty may be imposed no earlier than 24 hours after its commission (deadline to "cool down" of the commander), the punishment can be imposed no later than 60 days from the date his commander learned of the committing, but no later than one year after it was committed. If the conduct of soldier was investigated by the Military Police, the period starts 60 days from the date when the commander learned the results of the investigation.

The decision on sentencing The disciplinary penalty imposed by the competent authority by a written decision, which must be delivered. A decision may be appealed within 15 days from delivery (period begins the following day). Appeals shall be conducted to superior of person who decided about the punishment, decision within 30 days. You can not appeal against the decision of the President.

Compensation for damages A distinction is liability for damage caused by of soldier to the state and state liability for damage caused to the soldier. Similar legislation such as the Labour Code. Clarification of damages is in the Ministry of Defence governed by internal regulations RMO No. 47/2013 Bulletin Preventing damage and dealing damage on state property under the Ministry of Defence

Liability for damage - theory The determination of liability must be met basic conditions A. infringement (act) B. the damage, C. causal relationship between A. and B., D. fault.

1.Unlawful act means an action (action or omission), by which was breached a legal duty. It is not relevant whether it is a breach of statutory duty, or whether it is a breach of the obligations arising from the contract. Important thing is - contradiction of this act with objective law. 2.For unlawful act is also considered circumvention of law, 3.Omission is an unlawful act only if it is a omission of an obligation (action), for which the responsible person is obliged. 4.Unlawful act is a violation of internal regulations or management act or specific instruction of supervisor at the same time if is a behaviour that is contrary to the specific provisions of the law. 5.Unlawful acts are not acts that objective law allows or even commanded to do it. This is a circumstance excluding infringement.

Damage Damage is understood in terms of liability for damages property damage, which is objectively expressible in monetary terms. If thus described property damage does not arise, does not arise also responsibility for damage. The resulting damage is reparable by providing asset performance, especially by providing money, if no natural restitution (putting the damaged object to its original condition). Non-material damage is compensated only in cases specifically provided by law. Recognizes the actual damage and loss of profit. If both types of damage occur in the particular case, the originator of the damages is liable to pay such as actual damages so loss of profit.

Fault The psychic relationship of the person (wrecker) to his conduct and effect, The intention Direct - the offender knew that may cause damage and would cause damage, Indirect - knowing that it can cause damage and in the event that it causes, he was along with it, The negligence Conscious - he did not want to cause damage, but he knew he could cause damage, but without reasonable grounds he relied on the fact that he does not cause it, Unconscious - did not want to cause damage, did not know that he can cause damage, even though he should know it and he could know it, due to circumstances

Responsibilities of soldier The soldier responsible for any damage that is caused by the performance of official duties or in direct connection with the performance of tasks. Has been shown the fault, except for the procedure under § 104 and 106, material responsibility. Is not liable for any damage arising from the risks of the ordinary service, resulting in averting the danger caused by the insanity that did not cause the soldier by himself.

Responsibilities of soldier Agreement on material responsibility, as well as shared. The agreement must be in writing, the soldier has the option to withdraw if the service body has not corrected the problem. Loss of entrusted subjects on confirmation. Compensation for damages - the responsible person is obliged to compensate the actual loss in money or restoration to good condition. The amount of damages caused by negligence shall not exceed 4.5 x of salary. Can be reduced in certain cases (traffic accident).

State responsibility The State is responsible for damage caused to a soldier in the performance of services directly related to the performance of services or the performance of services for the breach of a legal obligation. Liability for damage to property and mislaid property. Liability for damage to health at service injuries and occupational diseases.

One-time extraordinary compensation Special legislation for soldiers - § 120 Compensation disability due to injury during the service, a variety of causes, Compensation is provided in the range of 6 to 240 times the minimum wage, Compensation to of bereaved at the death of soldier