Decree of the Federal Ministry of Control No. 275 / 1992 Coll.
Decree of the Federal Ministry of Control on the professional competence of the staff responsible for carrying out the inspection activity and the conditions for its verification
Valid
Effective from 29.05.1992
275
DECLARATION
Federal Ministry of Control
of 11 May 1992
on the competence of the staff responsible for carrying out the inspection activity and the conditions for its verification
The Federal Ministry of Control provides pursuant to Article 3 (3) of Act No. 405 / 1991 Coll., on Control in the Czech and Slovak Federal Republic (hereinafter referred to as "the Act"):
Preliminary provisions
(1) This decree regulates the basic content and conditions of the verification of the professional competence of the civil servants of the Czech and Slovak Federal Republic in charge of carrying out control activities under Section 3 (1) of the Act ("the workers').
(2) The decree does not apply to the implementation of internal control.1)
(3) The provisions of this Decree are without prejudice to the requirements for professional qualifications of staff for the performance of functions in the bodies of the Government of the Czech and Slovak Federal Republic as laid down in specific regulations.
Professional competence
(1) The professional competence of workers is a summary of the theoretical knowledge and the ability to use it in practice which is necessary for the proper exercise of the control survey, for the imposition of follow-up measures and for the protection of the rights of persons checked.
(2) Theoretical knowledge is knowledge of the general control legislation, including follow-up to control surveys and procedures (hereinafter referred to as "general expertise") and knowledge of the rules and procedures in the relevant field of control activity (hereinafter referred to as "specific expertise").
(3) General expertise is as follows:
(a) knowledge of the basic rules of control activity (rules of control), 2)
(b) knowledge of the rules governing administrative management.3)
(4) Specific expertise is:
(a) knowledge of the rules on control activities in the relevant field;
(b) knowledge of control methodology and techniques in the relevant field;
(c) knowledge of the issue under scrutiny in the relevant field and knowledge of its legislation.
(5) The practical use of theoretical knowledge is understood as being able to apply that knowledge separately when carrying out checks in the relevant field of control activity.
Method of verification of competence
(1) Verification of general expertise and practical use of such expertise is carried out by the competent central authority of the Czech and Slovak Federal Republic, the control body of which belongs (hereinafter referred to as the "central competent authority") or by the Federal Ministry of Control (hereinafter referred to as the "Ministry"). The successful outcome of this verification is a prerequisite for the verification of specific expertise.
(2) Verification of specific expertise and their practical use shall be carried out by the competent central authority.
(3) The verification of competence shall be carried out by means of a written and oral examination of the examination panel set up by the competent central authority or ministry.
(4) Upon verification of the knowledge referred to in paragraphs 1 and 2, the competent central authority shall, by examination, certify the professional competence of the worker. This authority may decide, in view of the outcome of the tests under the Specific Regulations (4), that the worker is already eligible after successful verification of the general expertise and their practical use.
Test content
(1) The content of the test to verify general expertise and the ability to use them in practice shall be determined by the Ministry, the content of the test to verify specific expertise and the capacity to use them in practice shall be determined by the competent central authority.
(2) When determining the content of the test, the authorities referred to in paragraph 1 shall ensure that the requirements for theoretical knowledge and their practical use are balanced.
Test Panel
(1) The Examination Board shall be set up by the heads of bodies referred to in Article 4 (1); its members shall appoint from among the experts of theory and practice, who offer a guarantee of professional and impartial assessment of candidates in the examination.
(2) The examination committee shall be of three members; It shall consist of the President and two other members.
(3) At least one member of the examination committee shall be responsible for the conduct of the written examination. The oral examination shall take place before the examination committee.
Test schedule
(1) The test rules for the verification of general expertise shall be laid down by the Ministry and for the verification of specific expertise by the competent central authorities for workers in their field of competence.
(2) The test schedule shall include in particular:
(a) the tasks of the Examination Board before and during the test;
(b) detailed rules for carrying out the written examination (in the form of written work, drawing up an official record pursuant to Article 9 of the Act and other official documents or written examination) and oral examination;
(c) the method for determining and publishing oral test questions;
(d) the method of assessment of the test;
(e) details of the announcement of the test results,
(f) rules on the documentation of tests.
Test preparation
(1) The preparation for the test shall be provided by the competent central authorities within their responsibility by means of organised studies, seminars, consultations or individual studies. The heads of these authorities may provide that the completion of a form of preparation is a condition of admission to the test.
(2) On the basis of the requirements of the heads of the competent central authorities, the Ministry shall provide organised studies to prepare for the verification of general expertise.
Test
(1) The dates set for the tests shall be published by the heads of the bodies referred to in paragraphs 1 and 2 of Article 3 by 30 September at the latest at the first half of next year and by 31 March at the latest at the second half of the current year.
(2) The application for the test shall be submitted by the worker to the competent central authority at least two months before the date of the test. The application shall specify the degree and direction or field of education achieved and the duration and course of experience.
(3) The employer of the worker shall verify the accuracy of the data in the application.
(4) If, for serious personal reasons, a worker is unable to take part in the examination, the chairman of the Examination Board shall accept his reasoned apology, received by the competent central authority or the Ministry no later than five days after the date of the examination, and shall set a replacement date for the examination. Unexcused non-participation has the same consequences as if the worker had failed the test.
(1) The examination shall be evaluated by the Examination Panel by the classification stages "passed" or "failed." The Commission shall act by a majority vote.
(2) If the worker fails the test, the test may be repeated on the basis of a new application not earlier than six months. In the light of the course of the test, the chairman of the test committee may allow a repeat of the test at an earlier date but not earlier than three months.
Certificate of competence
(1) The Ministry shall issue proof of the examination to a worker who has successfully passed the examination of general expertise before the Commission of the Federal Ministry of Control. The certificate of competence referred to in Article 3 (4) shall be issued by the competent central authority to the worker in writing.
(2) The certificate shall include in particular:
(a) personal data of the worker;
(b) the inspection activity which the worker may carry out on the basis of a certificate;
(c) who issued the certificate and the date of issue;
(d) the stamp of the competent authority and the signature of the chairman of the examination committee.
(3) The certificate provides evidence of compliance with the condition laid down in Article 3 (3) of the Act.
New proficiency check
Where the head of the competent central authority finds serious deficiencies in the control activity resulting from the ignorance of the staff member whose professional competence has been verified, it may order a new proficiency check and fix an appropriate time limit which may not be less than one year. If the worker does not agree to a reverification of competence, the certificate of competence shall be immediately withdrawn.
Common and final provisions
The costs of verifying the professional competence of the staff of the authorities of the Czech and Slovak Federal Republic, including the costs of preparing for the exam, shall be borne by these authorities.
(1) Verification of competence shall be carried out in two stages:
(a) in the first stage until 30 June 1993,
(b) in the second phase until 31 December 1993.
(2) The first stage shall verify the competence of the management of the control groups and personnel carrying out the control surveys separately.
(3) The second stage shall verify the competence of other staff.
(4) When new staff are recruited after the completion of each phase, the proficiency check shall be carried out within one year of the adoption.
(5) Where persons whose qualifications have been verified in another field of control are recruited to the posts of staff, they shall order the management body to check them out of special expertise within one year of their adoption. By comparing the contents of the tests in the relevant fields of the control activity, it shall adjust the scope of this examination.
This decree shall take effect on the day of its publication.
Minister:
Ing. Korínková CSc. v. r.
1) § 2 paragraph 3 of Act No. 405 / 1991 Coll., on Control in the Czech and Slovak Federal Republic.
2) Part of Act No. 405 / 1991 Coll.
3) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
4) For example Decree No. 63 / 1989 of the Federal Ministry of Finance Coll., on verifiers (auditors) and their activities.
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Regulation Information
| Citation | Decree of the Federal Ministry of Control No. 275 / 1992 Coll., on the competence of the staff responsible for carrying out the inspection activity and its conditions of verification |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.05.1992 |
|---|---|
| Effective from | 29.05.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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