Trial Order For The Bar Exam And Uznávací Tests

Original Language Title: Zkušební řád pro advokátní zkoušky a uznávací zkoušky

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=44319&nr=197~2F1996~20Sb.&ft=txt

197/1996 Sb.



DECREE



The Ministry of Justice



of 3 July 2003. July 1996,



issuing the examination regulations for the bar exam and uznávací tests

(bar exam)



245/1999: Sb.



Change: 267/2003 Coll. (part)



267/2003: Sb.



487/2012: Sb.



The Ministry of Justice after the prior approval of the Czech Bar Association

the Chamber provides pursuant to § 52 para. 1 of the law No. 85/1996 Coll. on advocacy

(hereinafter referred to as the "Act"):



PART THE FIRST



THE BAR EXAM



§ 1



(1) bar exam (hereinafter referred to as "test") executes the candidate in these

fields of study:



and) constitutional and administrative law,



(b)) criminal law,



c) civil, family and labour law,



(d)) business law,



(e)) the rules governing the provision of legal services.



(2) the Czech Bar Association (hereinafter referred to as the "Chamber") publishes a list of instruments

which knowledge is required for the test, with a resolution of the regulations,

where detailed knowledge is required, and the regulations, for which it is sufficient knowledge of the

General.



§ 2



(1) the examination consists of a written part and an oral part.



(2) the Written part of the exam is held in three consecutive days, and

of the subjects referred to in section 1 (1). 1 (b). b), c), (d)). The oral part of the exam will

It takes place in one day with an interval of at least one and not more than two weeks of

the end of the written part of the exam, and that of all the subjects referred to in section 1 of the

paragraph. 1; the oral part of the exam can be done by the candidate that he did

the written part of the test.



(3) in the oral part of the exam is for candidates figuring out whether or not a basic understanding

law of the European communities and of the European Union and the orientation in the basic

sources of international law.



§ 3



The test is held before the Senate designated pětičlenným of the members of the test

the Commission for the bar exam, proficiency tests and uznávací tests

(hereinafter referred to as "the Committee"); the Senate is chaired by the member specified for the scope

referred to in § 1 (1). 1 (b). (e)).



§ 4



(1) a written application for permit test (hereinafter referred to as "the application")

the candidate served in the Chamber; If the applicant does not satisfy the condition laid down in section 5 of the

(a). (c)) of the Act or in section 7 (2). 4 second sentence of the law, it is generally

part of the application and the request for recognition of a different legal practice in practice

trainee lawyers (section 6, paragraph 2 and 3 of the Act).



(2) the applications are documents proving that the applicant satisfies the

the conditions referred to in paragraph 5 (b). and) to d) of the Act and that the candidate has paid

the fee for the test laid down by the Chamber pursuant to § 7 para. 1 of the law.



§ 5



(1) the Chairperson of the examination Board shall designate by the number of applicants who have been

Chamber to allow for the execution of the test, the number of the boards of appeal shall be determined by their

Members for each of the disciplines referred to in § 1 (1). 1, marks and numbers of the boards

assigns to them the tenderers in alphabetical order of their last names.



(2) the President shall inform the members of the examination Committee of the Senate and candidates for the venue

tests and its timetable of at least four weeks before the date when

the test takes place; This period may be shortened only with the consent of the applicant.

President of the examination Commission at the same time applicants shall send a list of instruments

referred to in § 1 (1). 2 and shall notify them of the names of members of the Senate with the lesson that

members of the Senate shall have the right to object to bias.



(3) a member of the Senate may not be the one for which you have a reasonable doubt as to

disinterestedness of his relationship to the applicant. About the exclusion of a member of the Senate

decide on the objection without delay to the applicant, or on the initiative of a member of the Senate

the Chairman of the examination Committee. If a member of the Senate shall appoint the Chairman,

a new Member of the examination Committee of the Senate.



§ 6



(1) the Written part of the exam consists of a written work on the drawing up of a specified

the basis of the content of judicial or other documents, where applicable, on the basis of the written

the factual information. The specified task may be, in particular, developing a proposal

on the initiation of proceedings, the appeal of the factual and legal analysis

or the expression of speech, text, a defense in a criminal case or the final

the proposal in the management of civil, drafting legal documents, processing

opinion. The written part of the exam can be done more applicants at the same time.



(2) the written part of the test used shall be assessed and supervised on its progress

as a rule, shall be exercised by a member of the Senate, which was intended for the scope to which the

the written part of the test is concerned, or any other person designated by the President of the Senate.



(3) If a written part of the exam more applicants at the same time, you specify

candidates written work by drawing lots in the presence of the person exercising supervision.



(4) the tenderer is required to prepare a written work independently. As

AIDS is entitled to in the course of the written tests use collections

legal and other regulations, collection of judicial or other decisions, and

journals or book legal literature. The tenderer is obliged to

trend in the course of the written part of the exam with questions only to a person

doing surveillance. Violations of the obligation to draw up a written work

separately, there is a reason for the exclusion of tenderers from the test; so decides,

the Senate on the basis of observations of the occupants.



(5) the duration of the written part of the test shall not exceed eight hours. After

This period, the applicant is obliged to commit in writing to the Working Party

doing surveillance, even in the case that is not complete.



(6) the written part of the test is non-public.



§ 7



(1) the oral part of the exam is focused mainly on verification of the ability

applicants apply in the exercise of advocacy legal or other regulatory requirements.

The candidate may, in the course of the oral part of the exam to inspect AIDS

referred to in section 6 (1). 4 only with the consent of the investigator.



(2) the oral part of the exam is held in the presence of all the members of the Senate; can

to do it at the same time a maximum of two candidates.



(3) the duration of the oral part of the examination of each applicant should not exceed

two hours.



(4) the oral part of the exam is public.



§ 8



(1) the test result in each of the subjects referred to in section 1 (1). 1

the Senate shall evaluate the degree of "graduated with excellent prospěchovými", "pass" or

"failed".



(2) the overall result of the test assesses the Senate prospěchovými degree

"bar exam passed the delicious", "bar exam" or

"the bar exam the exam"; account shall be taken of the outcome of the reviews

candidates in various fields and to his overall theoretical and practical

readiness for the profession of lawyer. Prospěchovým degree

"the bar exam, he composed excellent" However, you can evaluate the candidates only

that was assessed by the degree of prospěchovým "passed excellent" at least in the

three fields of study. Prospěchovým degree of "bar exam the exam" is

always rated the candidate that at any time after the start of the written

the tests from the test of resigned or was expelled from the test under section

6 (1). 4. If the applicant Fails to perform, the written part

the tests, to the oral part of the exam and has not decided if the Senate pursuant to paragraph 4

otherwise, the candidate from the test stepped down.



(3) the reviews referred to in paragraphs 1 and 2 shall be decided by the Senate when non-public

consultation vote. Members of the Senate vote in alphabetical order of their

last name; President of the Chamber shall vote last. The vote on the first

whether the candidate graduated; If passed, the vote then on prospěchovém

the degree. To the adoption of a decision of the majority of votes is required; each Member of the Senate

has one vote. The decision of the Chamber shall be final.



(4) where, for reasons worthy of special consideration, the Senate

decide that the candidate who has performed the written part of the test,

but not appeared to the oral part of the examination, shall be entitled to perform oral

part of the exam in the following term the closest.



(5) the presiding judge shall notify the result of the test candidates immediately after

the advice of the Senate pursuant to paragraph 3, in the presence of the other members of the Senate.



§ 9



(1) a candidate who fails the exam, however, was evaluated in four

the fields of at least prospěchovým grade of "pass", a recurring

the test under section 7 (2). 3 of the Act only in the scope in which it was when

the previous test, evaluated prospěchovým grade of "fail". The second

repeated the test, however, takes place in all fields.



(2) a candidate who fails the exam, saying that he was in two or more

the subjects rated prospěchovým grade of "fail", the recurring

the test under section 7 (2). 3 of the law from all scopes.



§ 10



(1) the President of the Senate shall be drawn up during the test within one week of

their oral part of the exam Protocol, stating:



and the names and surnames of the President) and the other members of the Senate,



(b)), the date and venue of the written exam and the oral part of the exam with

their start and end time,



(c) statements by the decision of the Senate) pursuant to section 6 (1). 4, or in accordance with § 8

paragraph. 4,



(d) the date of preparation of the Protocol), or



e) important facts that occurred during the test.



(2) included in the Protocol are:



and the list of candidates and their) reviews in individual areas and

assessment of the overall test result,



(b) the written work) count of the tenderers.



(3) the Protocol shall be signed by all members of the Senate; the President of the Protocol

the Senate within three days from the date of its copy of the Chamber.



§ 11



(1) the tenderer that was prospěchovým for the test assessed the degree of

He passed the bar exam "excellent" or "bar exam"


President of the Chamber shall issue immediately after the notification of the result of the test (section 8

paragraph. 4) certificate of examination; the certificate shall be signed by the President of the

the Senate.



(2) a copy of the certificate shall submit to the President of the Senate Chamber, along with the

Protocol.



PART TWO



THE APTITUDE TEST



§ 11a



(1) an aptitude test executes a candidate in four compulsory subjects and

in one of the four optional disciplines of their choice.



(2) Mandatory fields are:



and constitutional law),



(b)), civil law,



c) criminal law,



(d)) the rules governing the provision of legal services.



(3) Optional scopes are:



and administrative law),



(b)), commercial law,



c) family law,



(d)) and labour law.



section 11b



(1) an aptitude test consists of a written part and an oral part.



(2) the written part of the aptitude test will be held in one day, and that of the

the compulsory subjects referred to in section 11a. 1 (b). (b)), and (c)) and of the optional

the scope that the candidate chosen ("selected"). Written part

the test takes the form of a written test.



(3) the oral part of the aptitude test will be held in one day with an interval of

at least one and not more than two weeks after the end of the written part of the test,

and it's made all the required disciplines and of the chosen field.



§ 11 c



The aptitude test will be held in front of the pětičlenným the Senate designated from

the members of the examination Committee; the Senate is chaired by the member specified for the scope provided for in §

11A. 2 (a). (d)).



§ 11 d



An application for the aptitude test has the Chamber; part of the

the application is a designation chosen field, as well as documents proving the

that the applicant satisfies the conditions referred to in § 5 c (a). and the law, and that has paid)

the fee for the test laid down by the Chamber pursuant to § 7 para. 1 of the law.



section 11e



(1) the overall result of an aptitude test assesses the Senate prospěchovými

the degree of "aptitude test he passed deliciously", "aptitude test

He composed "or" aptitude test exam ".



(2) the evaluation of the overall results of the test referred to in paragraph 1 shall take account of

the Senate, in particular, whether the applicant rating in various fields

indicative of his practical readiness to practice.



section 11f



The candidates, who was on the proficiency tests evaluated prospěchovým

grade of "excellent" passed the aptitude test or the "test

competence, shall issue composed "the President of the Senate immediately after notification

the result of the test certificate of aptitude test; certificate

signed by the Chairman of the Senate.



§ 11 g



The provisions of § 1 (1). 2, section 5, section 6 (1). 2 to 6, § 7, § 8 para. 1 and 2 sentences

second to fourth. 3-5, section 9 and 10 will be used for the test

competence reasonably.



PART THREE



UZNÁVACÍ TEST



§ 12



Uznávací test performs the candidate in the following areas:



and regulations governing the provision of) legal services,



(b)) the basics of constitutional law of the Czech Republic,



(c)) the foundations of private law of the Czech Republic.



section 13 of the



(1) Uznávací the test is held in front of the three-membered by the Senate designated from

the members of the examination Committee; the Senate is chaired by the Member that is designed for the

referred to in section 12 (b). and).



(2) Uznávací test is usually written.



(3) the duration of the uznávací tests should not exceed two hours. Foreign

the language in which you can uznávací examination, means the language

English, French or German.



§ 14



(1) an application submitted by a tenderer to uznávací test Chamber; part of the

the application is the choice of the foreign language in which the candidate intends to test

executed (section 13 (3)), if the candidate fails the exam in uznávací

the Czech or Slovak.



(2) the applications are documents proving that the applicant satisfies the

the conditions referred to in paragraph 5 (b). and) and d) to (g)) and in section 5a paragraph 2. 1 (b). and)

of the Act and that has paid the examination fee provided for by the Chamber pursuant to § 7

paragraph. 1 of the law.



§ 15



The result of the test assesses the Senate prospěchovými the degree of "uznávací test

He composed "or" uznávací "I didn't test.



section 16 of the



The candidates, who was in the uznávací tests evaluated the degree of prospěchovým

"uznávací test", the President of the Chamber shall issue immediately after the

notification of the result of the test certificate of the composition of the uznávací test;

the certificate shall be signed by the President of the Senate.



§ 17



The provisions of § 1 (1). 2, section 5, section 6 (1). 2, 3, 4 and 6, § 8 para. 2 sentence

the third and para. 3 to 5 and article 10 shall apply mutatis mutandis for the uznávací test.



PART FOUR



THE TEST OF THE MEDIATOR AND THE TEST OF FAMILY MEDIATION



§ 17a



For the test of a mediator and a test of family mediation provided by the Chamber of

pursuant to section 49a of the Act shall apply mutatis mutandis to the provisions of the Decree on the tests and

the remuneration of the mediator ^ 7).



PART FIVE



PROVISIONS COMMON, TRANSITIONAL AND FINAL



section 18



For the decision of the Senate pursuant to section 6 (1). 4 and § 8 para. 4 shall be

apply the provisions of § 8 para. 3.



§ 18a



Exams in accordance with this Decree, announced by the President of the examination Commission

in the journal of the Czech Bar Association and the Chamber of Commerce on the Internet.



§ 19



(1) an application for the test protocol, as well as other documents related to

the tests referred to in this order saves the Chamber for a period of 50 years; After the expiry of the

This time, the Chamber shall proceed in accordance with the specific legislation. ^ 1)



(2) the provisions of paragraph 1 shall apply mutatis mutandis to a document

regarding the bar exams and professional tests of commercial law

According to the existing legislation, ^ 2) which arose to the date of effectiveness of this

the Decree.



section 20



(1) the provisions of section 9 shall also apply for the bar exam carried out by the

the Act of the Czech National Council No. 128/1990 Coll. on advocacy, if the date of

entry into force of this order expired in the period in which he was a candidate

authorized to log on to the test. ^ 3)



(2) for the beginning of the time limit for filing the application for the next test in accordance with

paragraph 1 is a decisive day, when the candidate announced the result of the

bar exam; ^ 4) However, this period will end no earlier than the deadline,

in which the candidate was entitled to subscribe to repair test. ^ 3)



section 21



(1) if the applicant submits that the disentitlement for professional examinations of commercial

a lawyer that has been performed according to the law of the Czech National Council No. 209/1990 Coll.

commercial solicitors and legal assistance provided by them, and issue

the examination Board has decided that it will be repeated just oral exam or just

exam written, ^ 5) application for the test within six months from the date of

the effectiveness of this Ordinance, the only part of the test (section 2), which

the disentitlement; This does not apply in the case of the professional examination of commercial lawyer

recurring. ^ 6)



(2) the provisions of paragraph 1 shall not apply in the case where the time between the date of

the venue of the commercial professional examinations of the lawyer and the effective date of

This order is longer than six months.



(3) the period of six months for the filing of the application for the test referred to in paragraph 1

reduces the length of time that has elapsed from the date of the Professional exams

commercial lawyer to the effective date of this Ordinance.



section 22



This Decree shall take effect on the date of publication.



Minister:



JUDr. Smith v. r.



Selected provisions of the novel



Article. (II) Decree No. 487/2012 Coll.



Transitional provision



Exam applicants who submitted a written request to allow execution

the tests before the date of entry into force of this order, shall be completed by

the existing legislation.



1) Law No. 97/1974 Coll. on archives, as amended

regulations.



2) Law No. 128/1990 Coll. on advocacy. Law No. 209/1990 Coll.

commercial solicitors and legal assistance provided by them.



3) § 12 para. 2 and 3 of the resolution of the Board of the Czech Bar Association

on 8 June 1998. January 1991, which publishes a trial order for the bar exam

in the text of the resolution of the Board of the Czech Bar Chamber of 6. April

1991 and 14. April 1991.



4) § 10 para. 3 resolution of the Board of the Czech Bar Association

8 January 1991, which publishes a trial order for the bar exam in

the texts of resolution of the Board of the Czech Bar Chamber of 6. April

1991 and 14. April 1991.



§ 8 paragraph 5). 3 resolution of the Board of Directors of the Czech Chamber of commercial lawyers

Republic of 5. February 1992, establishing pursuant to § 37 para. 2 (a). (c))

Law No. 209/1990 Coll., of the commercial lawyers and legal aid

They provide, issues trial order for professional examinations, as amended by

the resolution of the Board of Directors of the Chamber of commercial lawyers United Kingdom of

16 December 2002. March 1993 and 10. February 1994.



6) § 10 of the resolution of the Board of the Czech Chamber of commercial lawyers

Republic of 5. February 1992, establishing pursuant to § 37 para. 2 (a). (c))

Law No. 209/1990 Coll., of the commercial lawyers and legal aid

They provide, issues trial order for professional examinations, as amended by

the resolution of the Board of Directors of the Chamber of commercial lawyers United Kingdom of

16 December 2002. March 1993 and 10. February 1994.



7) Decree No. 277/2012 Coll. on the tests and the reward of a mediator.