Safety management (Sections 89 – 135 of the Act) is a process conducted by the National Security Authority (hereinafter referred to as ‘the Office’) or another authorised entity pursuant to Act No 412/2005 on the protection of classified information and security eligibility, as amended (hereinafter referred to as ‘the Act’). The Office shall conduct proceedings through officials authorised to do so under the internal rules of the Office. The Office shall, upon request, inform the party to the proceedings of which employee of the Office is an official in the proceedings and in which organisational unit he/she is assigned. The individual steps in the proceedings shall be taken in writing, unless this is precluded by the nature of the case. An individual communication in the course of proceedings may be made orally to a party present if that party does not insist in writing. The principles of security proceedings are based on the principles of administrative proceedings, but they are not administrative proceedings under Act No. 500/2004 Coll., the Code of Administrative Procedure, as amended. In the area of personnel security, it serves to verify whether a natural person (participant) meets the conditions for extradition Certificate of natural person. The proceedings shall be closed to the public and shall be conducted in such a way as to safeguard the honour and dignity of the persons concerned by the proceedings. The language of the case is Czech (except for the legal exercise of the right of a member of a national minority). Documents in foreign languages must be submitted in the proceedings both in the original and in an officially certified translation into the Czech language. If a document is submitted in a foreign language on a so-called transferable document (e.g. A1,S1,S2,S3,DA1,P1,U1,U2,U3...) is accepted in accordance with Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council without an officially certified translation into Czech if it is submitted in an official language of a Member State of the European Union, the European Economic Area or Switzerland. In addition to personal acts, a party may be represented by a lawyer or an elected representative to whom he has granted a written power of attorney. During the proceedings, the participant and his representative shall be entitled to inspect the unclassified part of the security file. The official conducting the proceedings may be excluded from the proceedings on his own motion or on the basis of an objection of bias raised by a party to the proceedings.

The length of the safety procedure depends on the type of procedure:

  • the deadline for conducting the security procedure for issuing the certificate of a natural person for the level Confidential is 2 months, Secret 6 months and Top Secret 9 months.

The deadline does not run for the time it is announced state of crisis for the whole territory of the Czech Republic.

The deadline may be extended by the Director of the Office Twice as much as possible for the period laid down for the management of the degree in question, in cases where the intelligence service or the police cannot communicate the results of the investigation within the prescribed time-limits or an authority of the State, a legal person or a natural person doing business cannot provide the information required in the context of the procedure within the prescribed time-limit.

The period of extension of the time limit shall not be longer than the period laid down for the conduct of the proceedings at the relevant stage.

If a natural person consents to the verification of information pursuant to Section 107(4) of the Act, the relevant proceedings shall be subject to the time limits set for the classification level for the acts for which consent has been granted.

Proceedings are initiated (Section 93 of the Act):

  • the date of receipt of the request for extradition Certificate of natural person the Office,
  • the date of receipt of the request by the EU institution or an international organization of which the Czech Republic is a member, on extradition Certificate of natural person for their employees, who are citizens of the Czech Republic,
  • the date of receipt of the written notice of initiation of the revocation procedure; Certificate of natural person the Holder of this Certificate of natural person, or
  • the date of service of the decision on dissolution, if the case is returned for reconsideration and decision.

If the application is submitted in person and does not have the requisites or is not complete, the staff of the Office shall assist the applicant in remedying the deficiencies on the spot. If this is not possible, the applicant shall be requested in writing to remedy the deficiencies in the application within 30 days (Section 102 of the Act). If it fails to do so, the Office shall stop the proceedings (Section 113 of the Act) and shall inform about this fact Responsible person.

If, after the initiation of proceedings, a party is requested to complete the information provided in the request, it shall do so within 14 days of receipt of the letter of formal notice (Section 103 of the Act). Failure to do so exposes the Office to the possibility of discontinuing the proceedings (Section 113 of the Act). The Invitation to Complement Institute may be used at any time during the procedure and not only immediately after the submission of the request.

The aim and purpose of the proceedings is to determine the state of the case to the extent necessary for the decision on extradition or non-extradition Certificate of natural person. The acts carried out for that purpose are intended to verify whether a party to the proceedings satisfies the conditions for the issue of Certificate of natural person. In carrying out this verification, the Office shall rely not only on data from a party to the proceedings, but also on information that it has requested from the competent authorities of the State, legal entities or natural persons engaged in business activities. The examination of the witness, the interview with the party to the proceedings and the appointment of an expert are also important steps that can be taken during the proceedings.

Witness (Section 104 of the Act) can be any natural person (except police and intelligence officers involved in the proceedings). A person who violates protection cannot be questioned. classified information or the duty of confidentiality (unless waived). Any unjustified refusal to testify is governed by Section 100 of the Code of Criminal Procedure. Failure to appear to give evidence, giving false or incomplete testimony may result in the imposition of a civil fine of up to CZK 50,000 (maximum CZK 100,000 in total). At the request of the Office, a witness may be presented. A record of the deposition is made, which becomes part of the security volume. Claims for lost earnings and travel expenses must be made within 5 days. A witness may also be required to submit written observations on the facts stated by the Office. The signature of the witness must be on each side of the document containing his or her statement.

Interview with the party (Section 105 of the Act) is carried out if it is necessary to clarify certain facts in the course of the proceedings. In cases of extradition proceedings Certificate of natural person For the Top Secret level, the interview is always conducted. Repeated failure to appear for the interview without apology shall result in the termination of the proceedings. False or incomplete testimony during the interview shall also have the same effect; providing false or incomplete information during the interview (or during the procedure) may also result in non-compliance with the condition of security reliability and subsequent non-issuance Certificate of natural person. The statement shall be recorded and shall become part of the security file and, if requested by the party prior to the interview, shall be recorded in an image or sound recording which shall also become part of the security file. A copy of the report shall also be issued at the request of a party to the proceedings.

If in the proceedings there is a doubt about the personality of a natural person, the Office shall appoint an expert to verify it. The costs of such an expert opinion on personal capacity shall be borne by the Office.

Institute of Experts (Section 106 of the Act) can be used in other cases where expert assessment of facts (valuation of assets, etc.) important for the decision is needed. In these cases, where the Office appoints an expert and requests an expert opinion from another field, the costs of processing the expert opinion shall be borne by the Office and the opinion shall serve as a basis for the decision.

The execution of the security procedure shall be subject to time limits. In certain cases, the proceedings may be stayed (Section 112 of the Act) and does not run for as long as the period is interrupted.

The proceedings shall be stayed if:

  • other proceedings are pending to resolve an issue relevant to the decision (the so-called question referred for a preliminary ruling);
  • the party to the proceedings has been requested to remedy the deficiencies in the request in order to supplement the other information requested; or if he has been called for an interview,
  • it is not possible to hear a witness,
  • a party requests a stay for reasons preventing him from participating in the proceedings, but in this case for a maximum period of 60 days and not more than twice;
  • an expert has been appointed to draw up an expert opinion.

The proceedings shall be suspended on the date of transmission of the order suspending the proceedings to the holder of the postal licence or special postal licence, on the date of personal receipt of such a order by the party to the proceedings, if served by the Office, or by delivery to the data box of the party to the proceedings.

The Office shall inform the party of the stay of proceedings by a decision of the Office. After the discontinuation of the procedural obstacles or after the expiry of a period of 60 days in which a party has requested that the proceedings be stayed for reasons preventing him from participating in the proceedings, The Office is continuing its proceedings. The party shall be informed in writing of the continuation of the proceedings.

Proceedings are over delivery of the result to a natural person. However, it can also be stopped (Section 113 of the Act). This is the case where the participant in the security proceedings:

  • withdraws its application,
  • does not meet basic conditions such as age, integrity and legal capacity;
  • fails to remedy the deficiencies in the application within the prescribed time limit;
  • he/she does not appear again without an apology for the interview,
  • does not consent to the performance of other necessary acts pursuant to Section 107(4) of the Act,
  • gives false or incomplete statements or does not provide any other necessary cooperation and cannot be decided on the basis of the given situation,
  • He dies or is declared dead.

In addition, there are cases where:

  • it is not possible to ascertain fully and precisely the actual state of the case because the party has been staying or staying in the territory of a foreign State for a long time,
  • There is no reason or subject revocation proceedings Certificate of natural person.

The Office may also terminate the security procedure for the issue of a certificate on the basis of a written notification from the person responsible to the Office that, before the issue of the certificate or the decision not to issue the certificate, the facts justifying the application for the issue of the certificate have ceased to exist.

Other institutes serve to facilitate the procedure and ensure the progress of the procedure Security Management, which are summons, presentation, civil penalties. The Office may summon persons whose personal participation in the proceedings is necessary. In the event that a person who is summoned as a witness, without due apology or without serious reasons, fails to appear for re-enquiry, he or she may be presented by the Police of the Czech Republic or by members of the armed forces through a superior.

A person who fails to appear without serious reasons on a written request, gives false or incomplete testimony or unreasonably refuses to give testimony may be fined up to CZK 50,000. The fine may be imposed repeatedly, up to a total of CZK 100,000.

All documents in the proceedings are served into their own hands. If the addressee refuses to accept the consignment or does not accept it because he did not know about its storage, although he is staying at the place of residence, there is a legal fiction of service (Section 120(3) of the Act) and the document is deemed to have been served:

  1. the date of refusal to accept the document by the addressee, or
  2. the date on which 10 days have elapsed since the deposit of the take charge notice - if the addressee has not been found at the place which he or she has designated as the place for service of documents, the servicer shall notify him or her in an appropriate manner of where the document is stored and where it can be collected; if, in such a case, the document is not collected within 10 days of its deposit, it shall be deemed to have been served on the last day of that period, even if the addressee has not learned of its deposit.

The Office shall establish an official notice board which shall be made publicly available at all times. The content of the official notice board is also published on the website: here

Persons of unknown residence and persons who are demonstrably unable to deliver, the Office delivers by public decree. On the fifteenth day following the posting of the document on the Office's official notice board, the document shall be deemed to have been served if the obligation to publish it on the Office's website has also been fulfilled within that period.

The place of service is the address in the Czech Republic determined by the party to the proceedings or his/her chosen representative, to the address abroad can be delivered only if the person is staying there in the state interest. In the case of service abroad, the deadlines for security proceedings under the law do not run.