Sworn Notary Exam And Qualification Inspection Procedure

Original Language Title: Zvērinātu notāru eksāmena un kvalifikācijas pārbaudes kārtība

Read the untranslated law here: https://www.vestnesis.lv/ta/id/177801

Cabinet of Ministers Regulations No. 485 Riga, 30 June 2008 (pr. No 44-50) a sworn notary exam and qualification inspection procedure Issued in accordance with the law of 20 Notaries. the third paragraph of article i. General questions 1. sworn notaries determines the exam (exam) and sworn notaries in the regular and extraordinary qualification examination (hereinafter examination of qualifications) order, areas where applicants are checked and certified notary knowledge and skills, and evaluation procedures. 2. the Exam is to define the sworn notary applicant (hereinafter the applicant) the knowledge and skills necessary for the activity of the notary's professional certified to applicants selected from among highly skilled specialists sworn notary duties. 3. Proficiency testing is to define the sworn notary knowledge and skills required for the activity of the notary's professional certified, sworn notaries to promote continuous professional and academic qualifications of all sworn notary's practice time and improve sworn notaries provide quality legal assistance. II. areas in which applicants will be tested or certified notary knowledge and skills To pass the 4 tenderer sworn notary exam or pass the proficiency test, test their knowledge and skills in the following areas: 4.1 General legal theory;
4.2. the constitutional law;
4.3. administrative law and administrative procedure law;
4.4. the notarial law (notarial law and regulations);
4.5. the civil rights and civil law;
4.6. financial and tax law;
4.7. labour law;
4.8. the law of the sea;
4.9. commercial law;
4.10. the criminal law;
4.11. in civil procedure and criminal proceedings in international cooperation;
4.12. notarial ethics;
4.13. record keeping and archive;
4.14. social competence and social intelligence. III. the exam Commission 5. tenderers or sworn notary public examination of knowledge and skills the notarial act article 21, second paragraph, the procedure laid down by the Commission in the examination (hereinafter referred to as the Commission) from among its members by a majority vote, elect a President and Vice-President of the Commission. The Commission shall perform the duties of the Secretary of the Latvian sworn notary Council (hereinafter Council) designate. 6. the Commission shall be valid if the work of the Commission and take part in the adoption of the decision no less than two thirds of the Commission members, including the Chairman or Deputy Chairman of the Commission. 7. the Commission's meetings are closed. Entitled to consult information related to the applicant and sworn notaries evaluation process, give the President of the Commission with written permission, subject to the freedom of information act. 8. the Commission on the hearing and examination and proficiency testing progress and compliance with the requirements of this Regulation as well as the evaluation of the results answer the President of the Commission, but in his absence, the Vice-President of the Commission. Opening the hearing, the Chairman of the Commission shall notify to the Commission. 9. The Member of the Commission is not participating in the applicant's sworn notary public in the evaluation and, if the applicant or sworn notaries are members of the Commission, the members of the Commission of the spouse or relative of his spouse in a straight line in all degrees, side line up to the fourth degree or affinity up to the third degree, as well as members of the Commission or his spouse, adoptive parent or adopted child of a member of the Commission or his spouse's custody or custody. Member of the Commission does not participate in the evaluation, even if the Member has a personal or property directly or indirectly interested in the result of the case or there are other circumstances that cause reasonable doubt as to his impartiality. In such cases, the Member of the Commission of the circumstances shall communicate to the Commission, which shall take a decision, the Member concerned shall not participate in a particular tenderer or sworn notary public evaluation. In this case, in respect of the applicant, or a sworn notary public evaluation of permissible derogation from this provision, paragraph 6. 10. the meeting of the Commission. The Protocol specifies the exam or Qualifi cations examination venue, time, composition of the Commission, consultations and decisions, the applicants, who are sort of the notary public exam, and sworn of the whose background checks, as well as applicants and chartered notaries who are not present, or ripped exam qualifications examination ticket number, orally asked questions, and the answers to them. An integral part of the Protocol annexes are the members of the Commission and the applicant of the completed sworn notary knowledge and skills assessment and exam or qualification checks written answer seemless conversion. The minutes of the proceedings of the Commission, signed by all the members of the Commission, which participated in the evaluation, and the Secretary of the Commission. IV. Examination and proficiency testing organization 11. Decision on the exam and the regular organisation of proficiency testing and progress day adopted by the Minister of justice the notarial law. This decision by the Minister of Justice issued the newspaper "Latvian journal" not later than three months before the exam or routine background checks for the duration of the day. 12. where is the notarial act, article 17, paragraph 2, first subparagraph, in the case that the Council about two weeks after the entry into force of the final ruling on the application of disciplinary actions, shall notify the Minister of Justice. 13. by paragraph 12 of these rules, the Council referred to the receipt of the notification by the Minister of justice within three weeks a decision on conducting of extraordinary proficiency testing and notify the notary sworn individually, sending notice to his practice site address. Notification of extraordinary proficiency testing the date, time and location, as well as the justification. 14. An applicant who wants to sort the exam, within four weeks from the date of notification of the examination, submit the application to the Minister of Justice, in which the expressed will of the sort the exam and demonstrate their compliance with article 16 of the law on Notaries, adding a history of the CV and the following documents: 14.1. identification copy of the document, if the application and the documents sent by post, but if the application and the documents shall be submitted personally, presented identity documents;
14.2. third-level grade B official language skills on a copy of the certificate or the copy of the document certifying the Basic, secondary or higher education in the Latvian language, if the application and the documents sent by post, but if the application and the documents shall be submitted personally, show that the original documents;
14.3. a copy of the document certifying higher education according to the notarial act, the requirements of article 9, if the application and the documents sent by post, but if the application and the documents shall be submitted personally, presented the original of said document;
14.4. the merchant or institution a certified statement certifying the acquisition of work experience (in accordance with article 9 of the law on Notaries requirements);
14.5. a credit institution a certified copy of the payment order certifying payment for the exam. 15. Two weeks from 14 of these provisions before the expiry of the period referred to in paragraph 1 the Minister of Justice shall assess the provisions referred to in point 14 of the application and documents and take a decision on the applicant's right to organize or justify refusal to test applicants to arrange an exam. The decision taken by the Minister of Justice shall notify the week of the recipient, as well as the Council. The Justice Minister's decision to the applicant during the month are subject to judicial review of the administrative procedure law. 16. Sworn notaries who wants to sort regular background checks within three weeks of the regular proficiency testing days of the notification, submit to the Council a question addressed to the Minister of Justice application, which expresses the will of the sort routine background checks. 17. Within three weeks of receipt of the application and notary certified Council opinion on a certain number of credits for the award of the jury for a sworn notary and notary's full or partial exemption from regular proficiency testing, the Minister of Justice shall evaluate these documents and take one of the following decisions: 17.1. about the law of notary sworn sort routine background checks;
17.2. the rights of the sworn notary sort routine background checks and a sworn notary public partial exemption from regular proficiency testing;
17.3. for sworn notary's full release of the regular proficiency testing;
17.4. justified refusal to relieve sworn notaries from the regular proficiency testing and for the right sort of regular background checks;
17.5. justified refusal to fully release the sworn notaries from the regular proficiency testing and for the right sort of regular background checks. 18. For this rule in paragraph 17 of the decision taken by the Minister of Justice shall notify the week, by sending a written communication to the Council and sworn notary on his practice site address. 19. Examination and proficiency test organized and technically supports the Council. About exam or regular proficiency testing time and place of the Council at least five working days before the date, inform the applicant of the proceedings by sending a written notice to his address, or sworn notary, by sending a written notification to his practice site address. 20. The applicant and the sworn notary Council can familiarize themselves with the exam and proficiency testing program no earlier than five working days before the examination or qualification testing. 21. the examination and qualification examination questions for applicants and sworn notaries are not available for. V. exam and qualification checks progress 22. and emergency Exam qualification examination has three parts: the first part, 22.1 checks the applicant's sworn notary or practical knowledge and skills, asking to prepare sworn notary documents necessary in the operation of the project;
22.2. the second part of the applicant's examination or sworn notary's theoretical knowledge and skills, asking to prepare responses to the two questions of the theory and practice of one issue (kāzus);
22.3. the third part of the examination of the applicant's sworn notary public or social competence and social intelligence, in the form of an interview assessing the applicant's sworn notary or communication and organizational skills, personnel skills, conflict identification and resolution skills, systemic thinking skills, as well as asking others to social intelligence and social competence. 23. regular skills test consists of two parts: the first part, 23.1. Verify sworn notary's practical knowledge and skills, asking to prepare sworn notary documents necessary in the operation of the project;
23.2. the second part of the applicant's examination or sworn notary's theoretical knowledge and skills, asking to prepare responses to the two questions of the theory and practice of one issue (kāzus). 24. The applicant or sworn notaries have not passed the exam or proficiency test, if he in any exam or qualification testing parts has received unsatisfactory ratings. 25. If the applicant late in the beginning of the exam or a sworn notary qualification examination late in the beginning, it is recorded in the minutes, and he has the right to participate in the exam or qualification examination authorized by the Commission. In this case, the task execution time is extended. 26. If the applicant is unable to attend the exam for any valid reason, he absence and the reasons of absence, notify the Council and the Commission to the beginning of the exam. Whether an absence is recognised as valid, the Commission decides and specifies their protocol. 27. before the examination or qualification of the tenderer or initiation to the notary certified must be able to produce identity documents to the Commission. 28. Before the examination or qualification of the tenderer or sworn notary choose sealed envelope containing the sealed envelope and not two pages with individual encrypted code. The applicant or a sworn notary one sheet of paper with individual encrypted code, write your name, surname and personal code, place it in a sealed envelope, not sealed and submitted to the President of the Commission. The individual received the encrypted code applicant or sworn notary indicates in all exam or qualifying examination article, to identify your person. 29. Examination and proficiency test during the exam and Qualifi cations in the premises for the duration of the test (hereinafter referred to as the exam room) may be applicants, which organizes the exam, sworn notaries, which sorts the proficiency test, the members of the Commission and the Secretary of the Commission. 30. When completing the exam or qualifying examination first part, preten dent or sworn notary has the right to use all the līdzpaņemto or Commission regulations issued without comment. When completing the exam or qualification testing the second and third parts, the applicant or a sworn notary is not entitled to use the text of the law, legal literature or other AIDS. 31. If the applicant or a sworn notary qualification examination time used means of communication (such as telecommunication, electronic notebooks), are not allowed to use the technology (for example, the texts of the laws and legal literature), interfere with other tenderers or chartered or notaries do not work independently, the Chairman of the Commission expelled the tenderer or a sworn notary from the exam room. In this case, the Commission prohibited the applicant or a sworn notary exam or participate in proficiency testing in the future and the Protocol shall mark on the exam or qualification tests, not putting ratings 1.32. Exam or qualification testing shall be prohibited to leave the exam room. In exceptional cases the Commission may allow the exit exam rooms at the same time not more than one tenderer or a sworn notary. In this case the applicant or sworn notary your article work is transferred to the President of the Commission, and the Chairman of the Commission on its notes out of the fact and the time. Sworn notary public applicant or the out of fact and the time noted in the minutes. Applicant or a sworn notary exam or qualification testing task execution time is extended. 33. The exam or qualification examinations in the first paragraph, the Commission shall invite the applicant or a sworn notary exam or pull out the qualification examination ticket with the task. According to the ticket applicant specified task or sworn notary draw up the document. 34. The exam or qualification in the first part of the document for the preparation of the project is for three hours. 35. The applicant or sworn notary who executed the exam or qualification checks the work of the first part, submit it together with the task page ripped the President and leave the exam room. After the exam or qualification checks the end of the first subparagraph, the Chairman of the Commission declaring a break, during which the Commission assessed written work. 36. If the Commission does not determine the order of another exam or qualifying examination in the second paragraph the applicants and chartered notaries calls the exam room in alphabetical order by last name. Applicant or a sworn notary shall issue the tasks according to the exam or qualification tests fished in the first part of the ticket number. 37. When completing the exam or qualifying examination, the second part of the exam room at the same time can be no more than five applicants who organizes the exam, or sworn notaries, which sorts the proficiency test. 38. Reflection and response for drawing up the plan are given fifteen minutes for each question. Oral reply are given ten minutes for each question. 39. the question of practice (kāzus) in writing the solution the Commission listens to the applicant or sworn notary public response to the theory. After listening to the reply of the Commission members have the right to ask questions to clarify the answers quality. The applicant or a sworn notary, who finished the exam or qualification testing the second, leaving the exam room. 40. After the exam or qualification checks the end of the second paragraph, the Chairman of the Commission declaring a break, during which the Commission assessed the exam or qualifying examination part two written and oral responses. 41. The exam or qualifying examination in the third paragraph, applicants and chartered notaries in alphabetical order by last names one calls on the exam room. Sworn notary public applicant or social competence and social intelligence professional personālatlas scored in the interview by asking questions in 11 (see case studies). If necessary, personālatlas professional has the right to ask additional questions to fine-tuning. Vi. Examination and proficiency testing in the evaluation of the results, the Commission assessed the applicant 42. or sworn notary knowledge and skills prescribed in these provisions a five ball system under examination and qualification checks first and second part of the evaluation criteria (annex 1). 43. Each member of the Commission evaluate each applicant's exam or sworn notary qualification examination of the first part of the work and the assessment of the applicant and record a sworn notary knowledge and skills assessment page for exam or qualifying examination first part (annex 2), if necessary, adding a short evaluation of the reasoning and signature rating page. 44. After all the exam or qualification checks the work of the first part of the Evaluation Committee Secretary compiles ratings recorded in the results. Each candidate's exam or sworn notary qualification examination of the first part of the average rating obtained by summing the panelists go ratings and dividing by the number of members of the Commission, having taken part in the examination of the applicant or a sworn notary qualification examination of the first part of the work of the evaluation. The mean of the results obtained, if necessary, be rounded to an integer (decimal, which is number 5, round up). Each candidate's exam or sworn notary qualification examination of the first part of the assessment shall be recorded in the minutes. 45. Then, when the President of the Commission announced that exam or qualification examinations in the first part of the evaluation is complete, applicants and chartered notaries calls the exam room and announces the results of the first part. 46. Each member of the Commission evaluate each applicant or sworn notary public response for each exam or qualification testing of part two of the question, each answer the applicant's record or sworn notary knowledge and skills assessment page for exam or qualifying examination for the second part (annex 3), if necessary, with a short grading the grounds. After all the responses to the evaluation record total rated all three responses, if necessary, of the noap ļoj to an integer (decimal, which is number 5, round up), as well as signature rating page. 47. each tenderer or sworn notary public exam or qualification tests of the second paragraph of the answer the average rating obtained by summing the Commission members go all three responses overall ratings and dividing by the number of members of the Commission, having taken part in the examination of the applicant or a sworn notary qualification examination of the second part of the evaluation of replies. Each candidate's exam or sworn notary qualification examination the average ratings of the second subparagraph shall be recorded in the minutes. 48. If sworn notaries are exempt from the qualifying examination, the second subparagraph of this paragraph, he shall receive the maximum rating of 5 Ballroom. 49. The exam or qualifying examination part two is settled, if each Member of the Commission at least two candidate's exam or sworn notary qualification examination of the second part of the question is rated at least 3 parties. 50. After the President of the Commission announced that exam or qualification tests for the evaluation of the second part is completed, applicants and chartered notaries calls the exam room and announces the results of the second part. 51. Personālatlas professional evaluates each applicant or sworn notary's answer to exam or exceptional proficiency testing of part three of the questions with the appropriate number of points (annex 4). Assigned points for each answer in the personālatlas professional record or sworn notary public applicant skills assessment page for exam or exceptional proficiency testing third (annex 5), if necessary, with a short grading the grounds. 52. After the evaluation of all responses of personālatlas specialist, if not difficult, write a short comment on the applicant's or sworn notary public replies and interviews, as well as signature rating page. 53. the Commission's Secretary counts on the candidate's exam or sworn notary qualification examination of the emergency third-part answers the points assigned. If exam or exceptional proficiency testing in the third paragraph, the applicant or sworn notaries have received at least 8 points, he receives a rating of "counted", if the score is less than 8, then the applicant or sworn notary receives the assessment "not counted". On the assessment in question received the mark of the Protocol. 54. If the applicant or a sworn notary exam or exceptional proficiency testing in the third paragraph, has received a rating of "not credited" exceptional qualifications, examination or test is outstanding. 55. If a sworn notary organizes regular background checks, the final proficiency testing assessment is determined by summing the sworn notary qualification examination in the first and second subparagraphs, the resulting average rating and dividing by two, if necessary, the result is rounded to an integer (decimal, which is number 5, round up). 56. If the applicant or a sworn notary exam or exceptional proficiency testing in the third paragraph is received the rating "counted", final exam or exceptional proficiency testing assessment determined that provision in paragraph 55. 57. each candidate's exam or sworn notary qualification examination final ratings recorded in the. 58. After the examination or qualifications check, members of the Commission have the right to be recorded in their specific views on evaluation and on the exam or qualification testing. The minutes shall be signed by the Chairman of the Commission and all the members of the Commission who attended the exam or qualification testing. 59. the original of the minutes within three working days after the exam or qualifying examination submitted to the Ministry of Justice. The President of the Commission, the Council shall keep a certified copy of the minutes. 60. After the signing of the Protocol, the Commission shall prepare a separate decision on the results of the examination and decision about the qualifications of the individual test results. 61. The decision on the results of the examination shall enter into force when it is signed by the President of the Commission and all the members of the Commission who attended the exam or qualification testing. The decision on the results of the examination of the original three days submit to the Ministry of Justice, the President of the Commission, the Council shall keep a certified copy of the decision. Final results of the examination Commission within three days after the examination, the applicant shall send the written notice sent to his address. 62. the decision on the qualification examination for three working days, submit for the approval of the Minister of Justice. Decision on the findings of the examination of qualification shall enter into force on the notarial act procedures specified in article 23 and the time limit. Proficiency testing results within three days after the decision on the qualification examination for entry into force, the Minister of Justice shall notify the sworn notary, by sending notice to the sworn notary's practice location. The Prime Minister's site-traffic Minister a. shlesers Justice Minister g. Smith annex 1 Cabinet June 30, 2008. Regulations No 831 exam and qualification checks first and second part of the evaluation criteria no PO box assessment five-ball system, criteria for assessment of spiritual activity knowledge learning level 1. five Ballroom complete understanding of sworn notaries ' professional activities require regulations. Get the skill independently apply knowledge gained.
Analysis, synthesis, evaluation, excellent 2. Four sworn notaries have Acquired Ballroom professional activities required by law, obtain skills independently apply knowledge gained, but certain minor deficiencies found in the more complex issues.
Knowledge use Standart situations a good 3. Three Ballroom mastered sworn notaries ' professional activities required by law, obtain skills independently apply knowledge gained, but identified certain key questions not sufficiently deep understanding.
Knowledge Learning and understanding the satisfactory 4. two Ballroom is a superficial knowledge of commonly used sworn notary profession needed laws, but not the skills its practical use.
5. Unsatisfactory one ball is not understanding of commonly used sworn notary profession needed laws Not satisfactory by the Minister of Justice g. Smith annex 2 Cabinet June 30, 2008. Regulations No 485 G. Buchanan, Minister of Justice annex 3 Cabinet June 30, 2008. Regulations No 485 G. Buchanan, Minister of Justice annex 4 Cabinet June 30, 2008. Regulations No 831 exam and extraordinary proficiency testing assessment criteria of part three of the applicant's examination or sworn notary qualification examination of the emergency third-part assessment objective to find out whether the applicant or a sworn notary has the skills and the extent to which applicant or sworn notary is able to use sworn notary duties. For answers to exams or exceptional proficiency testing questions of part three: 0 points-awarded the applicant or sworn notary does not respond to the substance of the question or answer inferred that the applicant or a sworn notary not understanding of the question referred, assessed skill do not possess, or possess, but uses the minimum (up to 30%);

0.5 points – or sworn notary applicant's understanding of the question referred, assessed, and applicants have skills or sworn notary is able to use it partially (30%-70%);

paragraph 1 – applicant or sworn notary has a very good understanding of the question referred, assessed, and applicants have skills or sworn notary is able to use it fully or almost always (100%). 71%


Justice Minister g. Smith annex 5 cabinet June 30, 2008. Regulations No 485 Justice Minister g. Smith