Act of the Slovak National Council No. 133 / 1975 Coll.
Act of the Slovak National Council on Advocacy
Valid
Effective from 01.01.1976
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
ČÁST DRUHÁ
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
ČÁST TŘETÍ
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
ČÁST ČTVRTÁ
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
ČÁST PÁTÁ
§ 56
§ 57
§ 58
§ 59
§ 60
§ 81
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133
THE LAW
Slovak National Council
of 19 November 1975
o Advocate
The Slovak National Council decided on this law:
TASKS OF ADVOCATION AND IMPLEMENTATION
Tasks of the Advocate General
Advocacy helps safeguard the constitutional right of citizens to defend and protect the other rights and legitimate interests of citizens, organisations and bodies in accordance with the rule of law, socialist legal knowledge and the interests of socialist society. It contributes to consolidating socialist legality in society's life and to legal education and propaganda, while ensuring that legislation is not violated.
Rights and obligations of the lawyer
(1) Lawyers' tasks are performed by lawyers by providing legal assistance, in particular by defending citizens in criminal proceedings, representing citizens, organisations and bodies in legal proceedings, civil proceedings and in proceedings before other state and other authorities, drafting documents, providing legal advice and processing legal analyses. In carrying out these tasks, lawyers shall be bound by the law and within its limits by the orders of the represented.
(2) In providing legal assistance, lawyers lead citizens to fulfil their obligations in relation to the state and society, respect for law and fellow citizens, thereby increasing their socialist legal consciousness. Lawyers also contribute to the legal education of citizens, to promoting the rule of law and to respecting the rules of socialist coexistence.
Lawyers shall be entitled and obliged to defend the rights and legitimate interests of the represented, to act conscientiously and consistently, to use all legal means and to exercise whatever they consider to be beneficial in their conviction and order. They shall be required to discuss the material facts represented and their legal relevance, to proceed effectively and without undue delay; according to the nature of the case, they must also draw the attention of the defendant to the rights and the rights protected by the interests of the defendant and, where the nature of the case so permits, to attempt an amicable settlement.
Lawyers are obliged to ensure that legal aid is provided efficiently and economically.
Lawyers may not obtain for themselves or for any other unjustified benefit in the provision of legal aid or in connection with it.
(1) Lawyers may not engage in any activity other than that of the publicist, literary, scientific, artistic and other activity which, because of its short-term or scale, is not liable to jeopardise the performance of their tasks. Exemptions for serious reasons shall be authorised by the Minister of Justice; if they are a university teacher, in agreement with the Minister for Education.
(2) Decisions to authorise exemptions from the prohibition on the pursuit of other gainful activities shall not be subject to general administrative rules.
(1) The lawyer is obliged to remain silent about all the facts which he has learned in connection with the provision of legal aid, provided that the person represented does not release him.
(2) The obligation to remain silent may also be waived by the Committee of the Centre of the Slovak Advocacy, if it is in the interest of the State to give evidence of this in a court, state or other authority.
(3) The obligation of an attorney to remain silent shall not be invoked if the legal obligation is to prevent the crime being committed. 1)
(4) The obligation to remain silent shall be bound by the lawyer even after membership of the regional association of lawyers has ceased.
(5) The provisions of the preceding paragraphs apply mutatis mutandis to the staff of the lawyer.
(1) The lawyer may be chosen by a citizen, organisation or body. The lawyer is obliged to provide legal assistance.
(2) The lawyer may refuse to provide legal aid only for serious reasons suggesting that he cannot provide it properly, in particular:
(a) where it is requested to exercise interests manifestly unjustified;
(b) where he is prevented from doing so, provided that he has not been appointed to provide legal assistance by a law firm.
(3) The lawyer must refuse legal aid,
(a) where it is requested to exercise interests which are manifestly contrary to the rule of law or to the interests of a socialist society;
(b) has participated in the hearing of the person represented with whom the lawyer is related;
(c) provide legal assistance to a citizen, organisation or body whose interests are contrary to those of the person asking for legal assistance.
(4) The lawyer is entitled to denounce the power of attorney,
(a) where the necessary trust between him and the represented has been compromised;
(b) if the represented does not provide the necessary synergy or does not provide a reasonable advance on the remuneration for legal aid without serious reason;
(c) if the facts referred to in paragraph 2 are subsequently ascertained. (a)
(5) The lawyer shall denounce the power of attorney if the facts referred to in paragraph 3 are subsequently ascertained.
The lawyer shall be entitled to entrust the execution of an individual act of legal aid to another lawyer or barrister.
(1) The lawyer - a member of the Regional Association of Lawyers in the Slovak Socialist Republic - is entitled to provide legal assistance throughout the territory of the Slovak Socialist Republic.
(2) A lawyer who is a member of the Regional (City) Association of Lawyers in the Czech Socialist Republic has the same authority.
Remuneration
(1) Legal aid shall be granted in respect of a remuneration the amount of which is set by the tariff chart. The plant is issued by the Ministry of Justice of the Slovak Socialist Republic in agreement with the competent central authorities. The remuneration shall belong to the regional association of lawyers of which the lawyer is a member.
(2) Legal aid shall be granted for reduced remuneration or free of charge, where justified by the personal, property and earnings situation of the citizen or by other reasons of particular concern. The legal organisation shall decide whether these reasons are given, except in the case where a representative has been appointed in accordance with the Civil Code.
Liability for damage
The damage caused by the lawyer in the provision of legal aid is the responsibility of the regional association of lawyers of which the lawyer is a member.
ORGANISATION OF ADVICE
The construction of advocacy bodies and the methods of their activities are governed by the principles of democratic centralism.
(1) The bodies of the Bar are fundamentally elected. They shall be responsible for their activities to the authorities which elected them.
(2) The resolutions and measures of the higher authorities are less binding on the authorities.
(1) The lawyer has the right to vote and to be elected to the Bar. It shall have the right to attend member meetings of lawyers, to comment on the issues under discussion and to make proposals.
(2) The lawyer has the right to take part in the proceedings of any legal authority.
(3) The lawyer is obliged to comply with the orders and measures of the legal authorities.
(1) The basic legal organisations are the regional associations of lawyers (the association); in Bratislava, the association includes the territory of the West Slovak Region and the territory of the capital of the Slovak Socialist Republic of Bratislava.
(2) In order to perform the advocacy, the associations in the counties (in Bratislava in the districts) establish legal advisory services.
The head of the advocacy is the Centre of the Slovak Advocacy (hereinafter referred to as "the Centre '), which manages and controls all the activities of the advocacy.
(1) The associations and the headquarters are socialist organisations.
(2) The Centre may instruct the Legal Advisory Board to act on its own behalf to the extent specified by it.
Association
Members' meeting of lawyers
(1) The highest body of the association is a member meeting of lawyers, which in particular:
(a) to discuss the fundamental issues of the proceedings in the association;
(b) determine the tasks of the association for the next period;
(c) discuss and approve a report on the activities of the Association Committee;
(d) determine the number of alternate members of the Association Committee;
(e) elect and withdraw the members and alternates of the Association Committee for five years;
f) elect delegates at the Slovak advocacy conference.
(2) A Member's meeting of lawyers is eligible for a quorum if a two-thirds majority of all members of the association are present. The consent of the majority of members of the association present shall be required for the validity of the resolution.
Committee
(1) The Committee of the Association is the executive body of a member meeting of lawyers.
(2) The Committee of the Association shall convene a meeting of lawyers at least once every two years; It shall be convened whenever at least half of the lawyers - members of the association - so request.
(3) The Committee of the Association shall comply with the resolutions of the member meetings, manage and organise the activities of the Advocate General in all its sections, in particular:
(a) discuss and approve plans for the activities of the association;
(b) establish and abolish legal advice, determine the number of lawyers, lawyers' associates and other staff, determine the registered office and place of employment of legal advice; determine and dismiss the head of legal advice;
(c) decide on the admission of a lawyer as a member of the association and its inclusion in the legal advice, the exclusion of a member from the association, the revocation of a lawyer from the association and the temporary cessation of the exercise of legal assistance;
(d) take care of the idea of political and professional education of lawyers, lawyers and other staff; ensure the performance of tasks in the field of cadre and personnel work and the creation of cadre reserves;
(e) conclude and untie employment contracts with law firms and other members of the association;
(f) controls and assesses the level of legal assistance provided by lawyers, checks how lawyers, lawyers' associates and other employees of the association comply with the obligations laid down by this law, how they comply with the decisions and measures of the association and the Institute; deal with complaints and complaints from workers;
(g) ensure the conditions for the exercise of legal assistance, manage the funds of the association in accordance with approved plans and manage the assets of the association.
(4) The Committee of the Association consists of five members. The members of the Committee shall remain in office after the expiry of the period for which they were elected, pending the election of the new members of the Committee. The alternate members of the Committee shall take the vacancies of the members of the Committee in the order to be determined by the Committee.
(5) The Committee of the Association shall elect a chairman from among its members. The President represents the association on the outside, ensures the proper functioning of the committee, deals with ordinary cases of the association and less serious wrongdoing of lawyers.
(6) The Committee of the Association shall be qualified to act if an absolute majority of its members are present. The consent of an absolute majority of the members present shall be required for the validity of the resolution; in the event of a tie, the chairman's vote shall be taken.
Legal advisory services
(1) In law firms, lawyers, lawyers and other staff of the association perform their duties.
(2) The head of the legal counsel shall be the manager who organises and directs the work of the consultant and ensures the conditions for the proper provision of legal assistance. The manager shall in particular:
(a) ensure compliance with the orders and measures of the higher bodies of the Bar and monitor compliance with them;
(b) ensure the conditions for the proper provision of legal assistance by lawyers and law associates at the necessary political and professional level;
(c) organise the work of lawyers and workers, in this context impose work on them and monitor their performance, ensure respect for labour discipline and the introduction of appropriate measures in breach;
(d) take care of the idea of political and professional education of lawyers, lawyers and other staff; control and evaluate the preparatory practice of law firms;
(e) to deal, under the authority of the Committee, with complaints and complaints from workers;
(f) appoint a lawyer and a representative in cases provided for in the relevant procedural rules and in cases where the lawyer has died or lost his capacity to provide legal assistance, unless the representative has otherwise provided;
(g) decide on the granting of legal aid for reduced or increased remuneration or free of charge, except in the cases provided for in the Civil Code;
(h) express its views on the inclusion of lawyers, attorneys and other staff in legal advice.
(3) The Head of Legal Advisory shall also be required to provide legal assistance.
Headquarters
Conference of Slovak Advocacy
(1) The highest authority of the Centre is the conference of the Slovak Advocate General (hereinafter referred to as the "conference").
(2) The conference is composed of delegates of the association which has chosen a member meeting of lawyers.
(3) The Conference in particular
(a) it shall discuss and determine the fundamental tasks of the lawyer at all parts of its activity;
(b) discuss and approve the report on the activities of the Centre Committee and the report of the Central Review Commission;
(c) determine the number of alternate members of the Headquarters Committee;
(d) elect, for five years, the members and alternate members of the Committee of the Institute, the members of the Review Committee of the Institute and the members of the Disciplinary Board of the Institute and withdraw them.
(4) The Conference shall be eligible for a quorum if a two-thirds majority of delegates are present. The consent of the majority of delegates present shall be required for the validity of the resolution.
Central Committee
(1) The Executive Body of the Conference is the Central Committee.
(2) The Central Committee shall convene a conference setting out the manner in which the number of delegates of the various associations is to be determined. The conference shall be convened whenever at least half of the lawyers so request.
(3) The Central Committee implements the resolutions of the Conference and manages, organises and controls the activities of the Advocate General during the period between the conferences, in particular:
(a) adopt and monitor the implementation of resolutions and measures binding on all advocacy bodies, lawyers, lawyers and other lawyers; issue organisational, working and disciplinary rules;
(b) establish a plan for the Centre and the tasks of the plans of the association;
(c) supervise associations and law firms; abolish or amend the orders and measures of the association, or, where appropriate, cease to exercise them if they are contrary to the rule of law or the interest of the socialist society, with the exception of the resolutions concerning the termination of the membership of lawyers in the association and the termination of the employment relationship of the members of the association; decide on complaints against decisions and measures of the association; deal with complaints and complaints from workers falling within its competence;
(d) determine the number of lawyers, lawyers' associates and other staff of each association and of the Centre;
(e) monitor the performance of the tasks of the cadre work in associations and the creation of the cadre reserves; appoint the chairpersons and members of the examination committees for the bar examinations;
(f) organise, manage and control ideologically political and professional education of lawyers, lawyers and other staff;
(g) lay down, with the agreement of the competent central authorities, the management conditions of the Institute and the association and in agreement with those authorities and with the relevant trade union body, the system of remuneration of lawyers, lawyers and other lawyers; ensure the implementation of wage policy in the advocacy in accordance with the guidelines of the Government, the principles laid down by the relevant central authorities and wage regulations, monitoring compliance with wage regulations;
(h) manage financial and material resources, establish central funds in accordance with the relevant rules and decide on their use under approved plans; manage the Central Property;
(ch) in the light of the considerations set out in the State Secrets Code, identify and keep a list of lawyers who may become familiar with State Secrets;
(i) provide documentation, information, study and publication activities;
(j) to conclude and untie employment with the staff of the Centre.
(4) The Central Committee is composed of nine members. The members of the Committee shall continue to hold office after the period for which they were elected, pending the election of the new Committee. The alternate members of the Committee shall take the vacancies of the members of the Committee in the order specified by the Committee of the Centre.
(5) The Committee shall elect a chairman and two Vice-Presidents from among its members. The President shall represent the Centre externally, shall ensure the proper functioning of the Committee and shall deal with normal matters of the Committee. The Vice-Presidents shall represent the President in the absence of the Chair in the order or in cases specified by the Committee.
(6) The Central Committee is competent to act if an absolute majority of its members are present. The agreement of an absolute majority of the members present shall be required for the validity of the resolution. In the event of a tie, the chairman shall vote.
Division Review Commission
(1) The Revision Commission of the Centre ("the Review Commission") controls the activities of the Centre and the Association with regard to the performance of the duties and tasks laid down by the legislation and by the resolutions of the Advocacy Authorities.
(2) The Revision Committee draws the attention of the Central Committee to the deficiencies identified and makes proposals for action. It shall report on its activities to the Conference.
(3) The Revision Committee has five members. He shall elect a chairman from among his members.
Board of Directors
(1) The Kátní Commission of the Institute (hereinafter referred to as the "kátní commission") carries out disciplinary action under this Act.
(2) The Commission has nine members. He shall elect a chairman from among his number.
Supervision of the Minister of Justice
The supervision of the activities and management of the Bar belongs to the Minister of Justice, who ensures that lawyers, lawyers' associates, the Institute and associations perform their duties, respect their duties and exercise the powers under this law and other legislation.
(1) The Minister of Justice may revoke the order or measure of the Institute or of the association, or suspend their execution if they are contrary to the rule of law or the interest of a socialist society.
(2) The Minister of Justice may not use the authority to revoke or cease to exercise the order or measure of the Institute or the association if the order or measure concerns the termination of the lawyer's membership of the association, the termination of the employment relationship of the lawyers and other lawyers, or if the decision is taken in disciplinary proceedings.
(3) The Minister of Justice may propose to the Advocates-General to issue a resolution or measure under their jurisdiction. The legal authorities shall decide on such a proposal within three months at the latest.
(4) The order of the advocacy bodies setting out the total number of lawyers in each association and legal advisory body and the system of remuneration of lawyers, lawyers and other lawyers may be issued only with the prior agreement of the Minister of Justice.
LEGAL AMENDMENTS TO ADVOCATE AND ADVOCATE CONCILIENTS
Presumption for the execution of a lawyer
Only a member of the association who has made the following promise to the President: "I promise to be faithful to the Czechoslovak Socialist Republic and to the cause of socialism, to maintain the Constitution and other laws when providing legal aid and in the performance of my other obligations, to carry out my duties and to keep quiet about all the facts that I will learn about the provision of legal aid."
Only a citizen of the Czechoslovak Socialist Republic who is fully eligible for legal action, committed to the socialist establishment, civil integrity, has a full university law education, has had legal practice for three years, of which at least two years in the advocacy, and successfully passed the bar exam.
The Centre may recognise a professional judicial, prosecuting or other similar legal examination as equivalent to a legal trial. The headquarters may exceptionally waive all or part of the legal practice.
The creation and demise of membership of the association
Establishment of membership
The membership of a lawyer in an association shall be established on the date specified in the resolution of the Association Committee on the acceptance of a member of the association.
Loss of membership
The lawyer loses his membership of the association on the date of the legal authority of the decision on the loss of citizenship, the decision to waive or restrict his legal capacity or the decision by which he was sentenced for an intentional offence to an unconditional prison sentence for more than one year.
Withdrawal from the association
(1) The lawyer's membership shall cease after the expiry of three months calculated from the first day of the calendar month following the service of the lawyer's written declaration of withdrawal, unless the lawyer agrees otherwise with the association in writing.
(2) Membership shall not cease if the lawyer removes the statement of withdrawal in writing before the expiry of the period referred to in paragraph 1 and the association gives its consent in writing.
(3) If a lawyer is removed from the association because, according to a medical opinion, he is unable to conduct a medical trial without a serious threat to his health, his membership of the association shall cease on the date of service of the written declaration that he is leaving the association unless he agrees otherwise with the association in writing.
Cancellation of membership
(1) The Association may revoke the membership of a lawyer,
(a) if the lawyer has seriously infringed the obligations imposed on him by this law or order of the Institute;
(b) if serious deficiencies have been identified in his activity, indicating that he is unable to perform his duties properly;
(c) if there are reasons for which it could be excluded from the association.
(2) The Association may revoke the membership of a lawyer even if:
(a) if, for health reasons, they become permanently unfit to fulfil their obligations;
(b) has completed 65 years.
(3) For the reason referred to in paragraph 1 (b), the lawyer's membership may be revoked only if the lawyer has not, within a reasonable period of time, remedied shortcomings in his activities, although he has been requested in writing in the last 12 months.
(4) For the reasons set out in points (a) and (c) of paragraph 1, the association may revoke the membership of a lawyer only within three months of the date on which it established that ground, but not later than one year from the date on which that ground arose.
(5) The resolution on the revocation of membership shall be drawn up in writing, stating the reason and delivering it to the lawyer; otherwise it is invalid.
(6) The lawyer's membership shall cease after three months counted from the first day of the calendar month following receipt of the decision to cancel membership of the association, unless the lawyer agrees in writing with the association to shorten that period.
(1) The Association cannot revoke the membership of a lawyer for the reasons set out in § 34 (1) (b) and (2) in the period of protection provided for in § 48 (1) (a) to (c) of the Labour Code.
Contents
ČÁST PRVNÍ
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
§ 7
§ 8
§ 9
§ 10
§ 11
§ 12
ČÁST DRUHÁ
§ 13
§ 14
§ 15
§ 16
§ 17
§ 18
§ 19
§ 20
§ 21
§ 22
§ 23
§ 24
§ 25
§ 26
§ 27
ČÁST TŘETÍ
§ 28
§ 29
§ 30
§ 31
§ 32
§ 33
§ 34
§ 35
§ 36
§ 37
§ 38
§ 39
§ 40
§ 41
§ 42
§ 43
§ 44
§ 45
ČÁST ČTVRTÁ
§ 46
§ 47
§ 48
§ 49
§ 50
§ 51
§ 52
§ 53
§ 54
§ 55
ČÁST PÁTÁ
§ 56
§ 57
§ 58
§ 59
§ 60
§ 81
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Regulation Information
| Citation | Act of the Slovak National Council No. 133 / 1975 Coll., o advocacii |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.12.1975 |
|---|---|
| Effective from | 01.01.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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