Act No. 39 / 1977 Coll.
Act on the Education of New Scientists and on the Further Improvement of the Qualification of Scientists
Valid
Effective from 01.10.1977
39
THE LAW
of 29 June 1977
on the education of new researchers and the further increase of the qualifications of researchers
The Federal Assembly of the Czechoslovak Socialist Republic decided on this law:
GENERAL PROVISIONS
Raising new scientists and further increasing the qualifications of those who already work scientifically are an important task of the socialist state. They shall be managed and implemented in accordance with national scientific, scientific, technical and economic policy.
(1) The purpose of the training of new scientists is to prepare scientifically qualified and morally advanced experts with the ability to carry out tasks related to the universal development of socialist society.
(2) The purpose of further increasing the qualifications of personnel who are engaged in functions for which a scientific qualification is required is to ensure a consistent and targeted increase in their creative capacity, in line with the needs of carrying out scientific and technological development tasks.
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Scientific Education Fields
The upbringing of new scientists (hereinafter referred to as "scientific education ') is carried out in a uniformly defined field of scientific education. The field of scientific education is established by the Czechoslovak Academy of Sciences in cooperation with the Slovak Academy of Sciences and in agreement with the central bodies of the state administration which manage universities, the central bodies of the state administration which manage the award of scientific degrees, and the Federal Ministry for Technical and Investment Development.
Training centres and trainers
Scientific education shall take place in socialist organisations designated as a training centre for individual fields of scientific education (hereinafter referred to as "training centres'). Organisations that guarantee comprehensive scientific education in a given field can be designated as training centres, work in a significant part of their focus scientifically in that field and in which a collective of excellent experts from that field operates, from which it is possible to identify staff capable of performing the functions of trainers.
(1) The Czechoslovak Academy of Sciences in the territory of the Czech Socialist Republic and the Slovak Academy of Sciences in the territory of the Slovak Socialist Republic are determined by a proposal from a central body whose field of competence includes an organisation designed as a training centre.
(2) Training centres at higher education institutions are determined by the central government bodies which manage higher education institutions. These central government bodies also designate the other organisations they manage as training centres.
(1) The Czechoslovak Academy of Sciences keeps records of all training centres in the Czechoslovak Socialist Republic. The authorities entitled to determine the training centre are required to notify the Czechoslovak Academy of Sciences for the purposes of recording facts relating to training centres, in particular the determination of the training centre, its abolition and the fields in which it conducts scientific education.
(2) The Slovak Academy of Sciences keeps records of all training centres in the territory of the Slovak Socialist Republic. The authorities authorised to designate a training centre shall notify the Slovak Academy of Sciences for the purpose of recording facts relating to training centres in the territory of the Slovak Socialist Republic, in particular the designation of a training centre, its abolition and the disciplines in which it conducts scientific education.
(1) The training centre shall designate a staff member admitted to scientific education (hereinafter referred to as "participant in scientific education") as the instructor responsible for the universal management of the entrusted staff.
(2) The training centre is obliged to establish the necessary conditions for the performance of the tasks of trainers and to regularly evaluate the results of their work.
Maternity centre
(1) The parent's place of work of a participant in scientific education is an organisation with which, during the period of scientific education, there is an employment relationship resulting from a member relationship with a single agricultural cooperative or with a production cooperative or another similar relationship (hereinafter referred to as "employment relationship") or an organisation for whose needs it is raised.
(2) The mother workplace cooperates closely in scientific education with the training centre.
Selection and recruitment of candidates for scientific education
The selection of persons suitable for scientific education is carried out by universities and all organisations in which graduates of higher education work (1).
For scientific education, applicants are applied to the training centre directly or through the organisation for which they are to be scientifically raised.
University graduates may be admitted to scientific education
(a) previous practice in which they have gained experience of participating in the resolution or implementation of scientific and technical development tasks;
(b) without prior experience, if they have already demonstrated exceptional conditions for scientific work during their studies at university,
who meet the conditions for creative work in the field.
The recruitment of the candidate shall be decided by the training centre on the basis of the results of the recruitment procedure, including the entrance examination, and within the scope of the places set out in the scientific staff training plan. The decision of the training facility is final.
Forms of scientific education
Scientific education shall take place in the following forms:
(a) internal scientific aspiration;
(b) special purpose scientific aspiration;
(c) external scientific aspiration;
(d) scientific aspiration of training staff.
Internal scientific aspiration
(1) Internal scientific aspiration is a form of scientific education in which the main activity of an internal scientific aspirant is organised in a training centre to prepare for scientific work.
(2) Internal scientific aspiration lasts three years; in exceptional cases, the training centre may extend it for a maximum of one year.
(3) Internal scientific aspirant is not in employment with the training centre. The employment relationship between him and the training centre shall be governed by the Labour Code, unless otherwise specified in this Act or in the regulations issued for his implementation.
Purpose scientific aspiration
(1) The purpose of scientific aspiration is the form of scientific education to which the participant is seconded by his or her maternity home. A member of the special purpose scientific aspirant remains in employment with the parent workplace and his scientific education at the training centre takes place in the solution of a task relevant to his mother's workplace.
(2) The period of the special purpose scientific aspiration is set by the training centre in agreement with the maternity centre for a maximum period of three years.
External scientific aspiration
(1) External scientific aspiration is a form of scientific education in which the external scientific aspirant is working in relation to the parent workplace and his scientific education at the training centre takes place while carrying out the duties of the parent workplace.
(2) The period of external scientific aspiration is set by a training centre for a maximum of five years.
Scientific aspiration of training staff
(1) The scientific aspiration of training staff is a form of scientific education in which its participant is in employment with an organisation which is a training centre in the field; shall be carried out as part of the duties of its participant.
(2) The period of scientific aspiration of training staff shall be set by the training centre for a maximum period of five years.
Content of scientific education
Scientific education in all forms includes the study of vocational, the study of marxism- leninism, the study of languages and the solution of a research topic. The results of the research theme solution shall be processed by a participant in scientific education in the form of final scientific work; This work has the character of a candidate dissertation according to specific regulation.2)
(1) The results of the study in scientific education are verified by the following tests:
(a) expert examination;
(b) a test of marxism-leninism,
(c) a Russian language test;
(d) another world language test.
(2) The tests referred to in paragraph 1 shall have the character of candidate examinations in accordance with specific regulation.2)
Establishment, interruption and change of scientific education
Scientific education shall arise on the date indicated in the notice of acceptance of the tenderer. The condition for the establishment of an internal scientific aspiration is the termination of an existing employment relationship.
The training centre may, for serious reasons, interrupt scientific education. The period of interruption of scientific education shall not be counted against the overall duration of the scientific education. During the interruption of the internal scientific aspiration, the employment relationship with the training centre continues.
Changes in the form, field or place of performance of scientific education may be made by the training centre only in agreement with the participant in scientific education.
Termination of scientific education
(1) Scientific education ends with the end of the period laid down for it or before the end of that period if the participant in the scientific education has completed the prescribed tests and has completed the final scientific work.
(2) During the duration of scientific education, scientific education may be terminated by agreement, notification of the participant in scientific education or the abolition of scientific education by the training centre.
(3) The training centre may abolish the scientific education of the participant,
(a) who has consistently failed to fulfil his / her duties;
(b) which has infringed serious obligations laid down by laws and regulations;
(c) if the training centre is no longer in a position to fulfil the obligations of scientific education and no agreement has been reached in accordance with Paragraph 22; however, the training centre is obliged to ensure that the participant continues the scientific education at another training centre.
(1) Scientific education ends on the date laid down by the agreement or on the last day of the calendar month following the date of receipt of the notification of the participant or of the cancellation of the scientific education by the training centre (§ 23 (2)). The training centre shall not cancel the internal scientific aspiration during the protection period (Section 48 (1) of the Labour Code), except in cases of cancellation for the reasons set out in Section 23 (3) (b).
(2) The agreement on the termination of scientific education, the notification of the participant to the end of scientific education and the abolition of scientific education by the training centre must be made in writing; otherwise they are invalid.
(3) The training centre shall issue the participant of the scientific education with a certificate of its termination and of the results achieved.
Financial and material security of scientific education
(1) Internal scientific aspirants are economically secured by a scholarship.
(2) In other cases, the training centre provides a scholarship to internal scientific aspirants raised for the needs of the maternity centre.
(3) Training and maternity centres may agree otherwise on financial participation in the grant of a scholarship.
For the duration of the special-purpose scientific aspiration, participants in the special-purpose scientific aspiration shall be economically secure by the scholarship provided by the maternity centre.
For external scientific aspirants, the maternity home shall provide work leave with compensation for wages to perform tasks in scientific education to the extent provided for in the implementing regulation.
(1) Other costs associated with scientific education are borne by participants raised for the needs of the maternity centre, in other cases by the training centre.
(2) Training and maternity centres may agree otherwise to pay other costs in scientific education.
(1) For scientific education, the physical equipment of the training centre and, where appropriate, the mother's workplace are used.
(2) Organisations which have special facilities in their administration, use or ownership are required to allow their use for scientific education purposes and thus assist training workplaces in the provision of scientific education.
The claims for compensation incurred in the course of scientific education or in direct connection with it by a participant in the special-purpose or external scientific aspiration to the training centre or vice versa shall be governed by the provisions of Part Two, Title Eight of the Labour Code.
Management of scientific education graduates
(1) The training centre effectively assists graduates in internal scientific aspiration who have not been brought up for the needs of the mother's place of work in the placement corresponding to their qualifications.
(2) Organisations for which the scientific, research and development activities are their main activities and organisations whose organisational components have such a principal focus occupy the posts of scientific staff in organisations or in their organisational components, in particular from graduate scientific education.
STUDY STAFF
(1) In order to improve the quality of selection and preparation for scientific education, organisations designated as training centres may accept, on the basis of bankruptcy, for quarterly to three-year study visits of university graduates under the age of 30 who meet all the conditions for creative work in the field at the relevant training centre and have undergone successful recruitment procedures. Training centres shall negotiate employment with accepted graduates for the duration of the study stay. They provide them with a scholarship during their study stay.
(2) Organisations designated as training centres or other organisations may accept staff from other organisations for quarterly to three-year study visits during their external scientific aspiration or preparation to obtain scientific degrees outside organised scientific education; they do not negotiate employment with them. For the duration of their study stay, they shall be provided with an organisation for which they are employed, a scholarship and paid for travel, removal and other expenses.
MANAGEMENT OF SCIENTIFIC EDUCATION AND OTHER ACCESSORIES
(1) The plans to increase the effectiveness of scientific and technological development and its social contribution require the central management of scientific education and further increase the qualifications of researchers, ensuring their uniform implementation and coordination in accordance with the principles of state policy and monitoring their implementation.
(2) The central management of scientific education and the further increase of qualifications of scientific staff is the responsibility of the Czechoslovak Academy of Sciences, together with the Slovak Academy of Sciences, in cooperation with the central authorities of the state administration which manages universities, the central authorities of the state administration which manage the award of scientific degrees, and the Federal Ministry of Technical and Investment Development.
(1) In addition to the scientific education referred to in paragraph 2, the Czechoslovak Academy of Sciences and the Slovak Academy of Sciences are governed by scientific education.
(2) The central government bodies of which HEIs are responsible manage scientific education in universities and in organisations managed by these central government bodies.
(3) The central government bodies and organisations involved in the scientific education process carry out tasks related to the provision of scientific education.
(4) The plan to educate scientists is part of a single science and technology development plan.
PROVISIONS COMMON, TRANSITIONAL AND FINAL
The central government bodies, which run schools and organisations co-operating in youth education and education, ensure that they create the preconditions for future scientific education, encourage interest in scientific and professional work and develop creative skills for young people, in particular, to enable universities to participate in scientific work in the management of research tasks, as well as in other ways to promote the growth of their creative capacity.
Scholarships paid under the provisions of this Act shall be financed under non-investment expenditure under special rules.
The provisions of Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Order) do not apply to decisions on scientific education and study visits under Part Two and Part Three of this Act.
International cooperation in scientific education
(1) All possibilities given by mutual cooperation with other countries are used in scientific education.
(2) Where concluded international agreements contain provisions on cooperation in scientific education, its participants shall be sent abroad and its participants shall be accepted from abroad under those agreements and under the implementation plans for such agreements. The conditions for broadcasting shall be laid down by the authorities implementing the relevant agreements.
Implementing rules
The Czechoslovak Academy of Sciences, together with the Slovak Academy of Sciences, in agreement with the central government bodies which manage higher education institutions, the central government bodies which manage the award of scientific degrees, and the Federal Ministry of Technical and Investment Development, set out details
(a) scientific education, namely the designation of training centres and trainers, the admission of applicants to scientific education, the management of staff in scientific education, the course of study in scientific education, its termination and interruption, the prescribed examinations, the selection and procedure for processing the topic and the registration in scientific education;
(b) study visits;
(c) to further increase the qualifications of researchers and to evaluate the creative competence of researchers.
The Czechoslovak Academy of Sciences, together with the Slovak Academy of Sciences, and in agreement with the central authorities of the state governing higher education institutions and with the central authorities of the state governing the award of scientific degrees, may, by way of derogation, regulate admission procedures for foreign nationals to scientific education and examinations in scientific education, with the exception of a vocational examination.
(1) In agreement with the Federal Ministry of Labour and Social Affairs, the Czechoslovak Academy of Sciences will adjust the conditions for the provision and level of scholarships of internal scientific aspirants, purposeful scientific aspirants and staff admitted to study stays according to the principles laid down by the Government of the Czechoslovak Socialist Republic.
(2) The Czechoslovak Academy of Sciences, in agreement with the Federal Ministry of Labour and Social Affairs and in agreement with the Central Council of Trade Unions, will further adapt the working relations of participants in scientific education and study visits.
(3) The Czechoslovak Academy of Sciences, in agreement with the Federal Ministry of Agriculture and Nutrition and with the Federal Ministry of Labour and Social Affairs, may further regulate the working relations and financial security of members of the single agricultural cooperatives during scientific education, study visits and further increase the qualifications of scientists.
The Minister of National Defence of the Czechoslovak Socialist Republic and the Minister of Interior of the Czechoslovak Socialist Republic shall, in agreement with the Chairman of the Czechoslovak Academy of Sciences, adjust the details concerning the identification of disciplines, the designation of trainers, the selection and approval of the subject-matter, the professional examinations, the evidence in scientific education and the procedure for evaluating the creative competence of scientists in specific fields.
The conditions of service of professional soldiers, members of the National Security Corps and members of the Correctional Education Corps and their security during the course of scientific education, study stays and further increase the qualifications of researchers shall be governed by specific rules.
Transitional and final provisions
(1) The fields of scientific education determined under the current legislation are considered to be established under this law.
(2) Training centres designated under current legislation are considered to be designated under this law.
(3) The admission and decision to be admitted to scientific education, as well as the examinations carried out in the framework of scientific education before the date of application of this Act, shall remain unaffected.
(4) The scientific qualification stages awarded before the date of the entry into force of this Act remain unaffected.
The provisions of this Act shall also apply to scientific education initiated before the date of application of this Act.
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(a) Decree No. 199 / 1964 Coll., on the Education of New Scientists,
(b) the principles of management and implementation of the special purpose scientific aspiration published under No 59 / 1975 Coll.
This Law shall take effect on 1 October 1977.
Husák v. r.
Indra v. r.
Strougal v. r.
1) § 13 of Act No. 19 / 1966 Coll.
2) Article 5 of Act No. 53 / 1964 Coll.
3) The qualification increase is regulated by Act No. 19 / 1966 Coll., on Higher Education Institutions, and by Decree No. 32 / 1976 Coll., as amended by the Regulations amending it, for scientific and technical staff.
4) § 6 of Act No. 53 / 1964 Coll.
5) § 11 of Act No. 53 / 1964 Coll.
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Regulation Information
| Citation | Act No. 39 / 1977 Coll., on the Education of New Scientists and on the Further Improvement of Qualification of Scientists |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.07.1977 |
|---|---|
| Effective from | 01.10.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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