What is Decree No. 503 / 2020 Coll.?

Decree No. 503 / 2020 Coll., on the performance of expert activities — Decree on the performance of expert activities.

When it became Decree No. 503 / 2020 Coll. effectiveness?

Decree No. 503 / 2020 Coll. became effective 01.01.2021.

Is Decree No. 503 / 2020 Coll. still valid?

Yes, Decree No. 503 / 2020 Coll. is still valid and effective.

How many times was it Decree No. 503 / 2020 Coll. amended?

Decree No. 503 / 2020 Coll. has 4 time versions of the text.

Decree No. 503 / 2020 Coll. - Decree on the performance of expert acti...

503

DECLARATION

of 26 November 2020

on the performance of expert activities

The Ministry of Justice (hereinafter referred to as "the Ministry") provides, pursuant to § 10 (9), § 11 (4) and (6), § 12 (2), § 22 (3), § 27 (4), § 28 (9) and § 29 (6) of Act No 254 / 2019 Coll., on experts, expert offices and expert institutes (hereinafter referred to as "the Act"):

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS

§ 1

Subject matter

This decree regulates

(a) particulars of the application form for inclusion in the list of experts;

(b) the method of carrying out the expert's initial examination and the difference tests, their form, content and course;

(c) the procedure for issuing the licence, the uniform model of the licence, its particulars, the uniform presentation of the expert seal and the colour of the expert seal;

(d) the minimum level of insurance benefits from the insurance of the expert office and the expert institute for each branch and sector;

(e) the manner in which the expert's action and the nature of the expert's action are carried out, the use of the expert's seal and the expert's clause;

(f) the procedure for processing the expert opinion and its formalities; and

(g) the method of keeping the report.

ČÁST DRUHÁ

EXECUTIVE ACTIVITIES

HLAVA I

_

§ 2

The application for inclusion in the list of experts shall include:

(a) the name or names, if the applicant has more than one, of the applicant's surname and academic title, where the applicant has obtained it and applies for the title to be included in the list of experts or the name of the applicant;

(b) the address of the registered office and, if the applicant has no registered office, the address of the place of permanent residence or the place of residence according to the type of residence of the stranger in the Czech Republic;

(c) the contact address in the Czech Republic where the applicant does not have a registered office or place of permanent residence according to the type of residence of the alien in the Czech Republic,

(d) the identification number of the person, if the applicant has it, or any other similar indication in the case of a legal person who does not have a person's identification number;

(e) the field and sectors in which the applicant wishes to carry out the expert activities and specialisation, if any,

(f) indication of the date of birth if the applicant is a natural person;

(g) an indication of whether an applicant who is a natural person will carry out an expert activity within an expert's office,

(h) telephone contact;

(i) the e-mail address, the website address of the expert's activity, or the contact address, if the applicant requests that the address be entered in the list of experts as public information pursuant to Article 16 (2) of the Act;

(j) any other address for service communicated by the applicant or indication that another address for service is the e-mail address referred to in (i) where the applicant requests service to another address for service;

(k) where the applicant requests to be allowed to perform an initial or differential test, an indication of that fact;

(l) if the applicant requests to be allowed to perform the initial test, an indication as to whether the applicant requests to be allowed to perform both parts of the initial test or only one part thereof, and which,

(m) the entry of the test report if the general part of the initial test is considered to be satisfied; and

(n) date and signature.

§ 3

(1) The application form for the registration of an expert's office in the list of experts shall also include an indication of the experts through which the expert's office will carry out an expert's activity in the various fields and sectors as well as specialties, if any.

(2) The application form for registration of an expert institute in the list of experts also includes the designation of persons under Section 7 (1) (c) of the Act or persons through whom the expert institute is entitled to act pursuant to Section 7 (2) of the Act.

(3) The experts and other persons through which the expert office or institute will carry out an expert activity shall be identified in the application by the particulars referred to in Article 2 (1) (a) to (f).

(4) The application form for registration of an expert institute in the list of experts contains additional information identifying the expert institute, unless the information referred to in points (a) to (e) of Article 2 (1) is sufficient to identify it.

§ 4

The applicant shall attach to the application documents demonstrating compliance with the conditions for carrying out the expert activity.

HLAVA II

INSTALLATION TEST

Díl 1

General part of the expert's initial examination

§ 5

(1) The general part of the initial test shall be carried out in the form of a written test.

(2) The general part of the entry test is not public.

(3) Where the applicant has submitted an application for inclusion in the list of experts, in aggregate for several disciplines, sectors or specialties, the general part of the entry test shall consist of one written test.

§ 6

(1) To the extent necessary for the performance of the expert's activities, test questions shall be verified in particular:

(a) knowledge of the legislation governing the pursuit of the expert's activities and the management in which the expert's activities are carried out;

(b) the ability to apply the provisions referred to in (a); and

(c) knowledge of the essentials of the expert opinion.

(2) The proceedings in which an expert's activity is carried out shall mean civil proceedings, criminal proceedings, administrative proceedings and proceedings before an administrative authority.

(3) Test questions are private, unless the Ministry excluded them from use.

§ 7

(1) The Ministry shall notify the applicant in writing of the date, time and place of the general part of the initial examination.

(2) The general part of the initial test may not take place before 30 days after dispatch of the notification unless the applicant agrees to its earlier performance.

§ 8

(1) The applicant may use only the legal information system and other software made available by the Ministry and writing equipment as an aid during the written test.

(2) The written test lasts a maximum of 150 minutes.

§ 9

The applicant fulfilled the general part of the initial test if he replied correctly to at least 75% of the test questions, did not withdraw and was not excluded from the initial test.

§ 10

(1) The Ministry shall inform the applicant of the evaluation of the written test no later than 90 minutes after its commencement.

(2) If, according to the evaluation of the written test, the applicant has completed the general part of the entry test, the evaluation of the written test shall be final.

(3) If, according to the evaluation of the written test, the applicant has failed the general part of the initial test, the evaluation of the written test shall be provisional. The Ministry shall make available to the applicant, at the same time as it informs the applicant of the interim evaluation of the written test, the test questions to which the applicant has answered incorrectly according to the interim evaluation, including an offer of answers indicating the correct response and the applicant's reply.

Complementary response

§ 11

(1) An applicant who, according to an interim evaluation of the written test, has failed to complete the general part of the initial test may continue the written test or waive the right to continue the written test.

(2) The written test may be continued for a maximum of 60 minutes.

(3) Where the applicant has waived the right to continue the written test, the interim evaluation of the written test shall become the final evaluation of the written test.

§ 12

(1) If the applicant continues the written test, he may add his reply to the question to which, according to the interim evaluation of the written test he answered incorrectly, his justification.

(2) The Ministry will assess the addition of the reply and make a final assessment of the written test, which it will inform the applicant in writing. The Ministry shall also briefly state the reasons for the assessment in the notification.

§ 13

Result of the general part of the input test

(1) The Ministry shall inform the applicant of the outcome of the general part of the entry test immediately after the interim evaluation of the written test has become the final evaluation.

(2) If the applicant has withdrawn from the initial examination immediately before or during the general part of the initial examination or has been excluded from the initial examination during the general part of the initial examination, the Ministry shall inform him of the result of the general part of the initial examination immediately after withdrawal or exclusion.

(3) If the applicant is not notified in accordance with paragraph 1 or 2, the Ministry shall inform him in writing of the result of the general part of the initial test.

(4) The Ministry shall also briefly indicate in the notification the reasons for the completion or failure of the general part of the entry test.

Díl 2

Special part of the expert's entry exam

§ 14

(1) A special part of the entrance exam shall be held before the Examination Committee in the form of an oral interview, in which the applicant also advocates a paper or electronic paper study.

(2) A specific part of the initial test may be performed by an applicant who has completed the general part of the initial test.

(3) The specific part of the entrance exam shall be public.

§ 15

(1) Where the applicant has submitted an application for inclusion in the list of experts, together for several disciplines, sectors or specialities, and where this is necessary to fulfil the purpose of the specific part of the entry exam, the specific part of the entry exam shall consist of several oral interviews.

(2) If the special part of the examination consists of several oral interviews, the applicant shall prepare a test report for each oral interview separately.

§ 16

(1) The applicant shall submit a test report to the Ministry.

(2) The applicant shall provide the Ministry with a test report before the start of the general part of the initial examination. If the general part of the initial examination is considered to be satisfied, the applicant shall enter the test report in the application for registration on the list of experts.

(3) If the applicant has fulfilled the general part of the entry test or if the general part of the entry test is deemed to have been fulfilled, the Ministry shall assess the entry of the test report for the purpose of the specific part of the entry test and confirm, amend or replace the entry by another entry.

(4) The Ministry shall notify the applicant in writing of the outcome of the assessment and of the required number of copies of the test report if the applicant processes it in paper form. The Ministry shall also briefly state the reasons for the assessment in the notification.

§ 17

The applicant shall deliver to the Ministry the required number of copies of the test report within 60 days of receipt of the assessment report submitted by the applicant for the test report.

§ 18

(1) The Ministry shall notify the applicant in writing of the date, time and place of the oral interview. The Ministry shall also include in the notification a list of the facilities permitted in the oral interview and provided by the Ministry to the applicant.

(2) The Ministry will send the notification to the applicant at the earliest after the receipt of the test report.

(3) An oral interview may not take place before 30 days after the date of dispatch of the notification, unless the applicant agrees to its earlier performance.

§ 19

The course of oral interview

(1) The President of the Examination Board and, in his absence, the member of the Examination Board shall direct the conduct of the oral interview. In order to ensure the proper conduct of the oral interview, it may take appropriate measures, in particular:

(a) limit the number of members of the public;

(b) refuse access to a natural person who is concerned that the proper conduct of the oral interview could be disrupted; or

(c) report the person referred to in point (b) from the place of the oral interview.

(2) The panel may exclude from the initial examination an applicant who has used illegal aids during the oral interview, has not worked alone or who has otherwise compromised the purpose of the specific part of the initial examination.

(3) An entry into the report on the conduct of the initial examination shall be made on the adoption of the measures referred to in paragraph 1 and on the exclusion of the tenderer from the initial examination.

(4) The oral interview lasts a maximum of 120 minutes.

§ 20

(1) The applicant has completed a specific part of the initial examination if, according to the assessment of the Test Panel, he has proven his ability to process the expert opinion and the required knowledge, has not withdrawn from and been excluded from the initial examination.

(2) Where a specific part of the entrance exam consists of multiple oral interviews, the applicant's assessment shall cover individual oral interviews.

(3) The panel's deliberations and voting shall be private and shall normally take place immediately after the oral interview.

§ 21

(1) The examination panel shall inform the applicant of the result of the specific part of the entry test by public oral announcement immediately after the consultation and voting after the specific part of the entry test.

(2) If the applicant has withdrawn from the initial examination immediately before or during the start of the specific part of the initial examination, or has been excluded from the initial examination during the specific part of the initial examination, the examination committee or the Ministry shall inform him of the result of the specific part of the initial examination immediately after withdrawal or exclusion.

(3) If the applicant is not informed of the result of the specific part of the entry test referred to in paragraph 1 or 2, the Ministry shall inform him in writing of the result of the specific part of the entry test.

(4) The Ministry or the Examination Committee shall also briefly indicate, in an understanding of the outcome of the specific part of the entry test, the reasons for the completion or failure of the specific part of the entry test.

(5) Where a specific part of the entrance exam consists of several oral interviews, the notification of the result of the specific part of the entry exam concerns individual oral interviews.

Díl 3

Result of the expert's initial examination

§ 22

(1) The applicant shall be assessed as having succeeded or failed.

(2) The applicant has been assessed by a degree of success if he

(a) both parts of the initial test; or

(b) one of the parts of the initial test and another part of the initial test shall be deemed to have been fulfilled.

(3) The applicant has failed to evaluate the degree if:

(a) has failed both parts of the initial test;

(b) fail one of the parts of the initial test which is not considered to have been fulfilled; or

(c) he did not show up for the general part of the entrance exam or for the oral interview and did not duly and in time excuse his absence.

(4) Where a specific part of the entrance exam consists of multiple oral interviews, the applicant's assessment shall cover individual oral interviews.

§ 23

(1) The examination committee or the Ministry shall inform the applicant of the result of the initial test at the same time as the result of the specific part of the entry test.

(2) Where a specific part of the entrance exam consists of multiple oral interviews, the notification of the result of the entrance examination shall cover individual oral interviews.

(3) If the applicant has failed the general part of the entry test or if the specific part of the entry test is deemed to have been fulfilled, the Ministry shall inform the applicant of the result of the entry test at the same time as the notification of the result of the general part of the entry test.

Díl 4

Some provisions on the Examination Committee

§ 24

(1) The examination committee shall be at least three members. The members of the test committee shall be its chairman and other members of the test committee.

(2) The President of the Examination Board and its other members shall be appointed and removed by the Minister of Justice.

(3) The members of the Examination Board are appointed from among natural persons who meet the professional and other conditions required for the performance of the Examination Board.

§ 25

(1) A quorum is available if at least three members are present.

(2) The Chairman of the Examination Board and, in his absence, a member of the Examination Board shall direct the conduct of a private meeting.

(3) The panel shall decide by an absolute majority of the members of the panel present. In the event of a tie, the vote of the Chairman of the Examination Committee or of a member of the Examination Committee shall be decided by the chairman, who has been appointed by the Chairman to conduct a private meeting. A member of the Examination Committee may not abstain.

(4) In its activities, a member of the Examination Board does not take into account the interests of economic operators which are or may be competitors of the applicant.

§ 26

(1) The votes of individual members of the examination committee are not recorded.

(2) All members of the examination committee present shall confirm the result of the vote by signing their own signature in a report on the conduct of the initial examination.

(3) A member of the Examination Committee may give a different opinion and his reasons for signing it.

Díl 5

Common provisions on the expert's entry test

§ 27

The applicant shall demonstrate his identity prior to the start of each part of the initial test.

§ 28

(1) The applicant may withdraw from the initial test. If, despite a repeated call, the applicant fails to submit a test report or fails to deliver the required number of copies of the test report, the applicant shall be regarded as having withdrawn from the initial examination. He must be advised of this consequence in the call.

(2) The Ministry may exclude from the initial examination an applicant who has used illegal aids, has not worked alone or who otherwise has compromised the purpose of the initial examination. Paragraph 19 (2) is without prejudice to this.

Repeating the expert's entry exam and setting of a different date and other replacement date

§ 29

(1) An apology shall be made on time if the applicant has delivered it without undue delay after having become aware of the serious reasons for his or her absence or the reasons for his or her non-participation which are worthy of special consideration.

(2) The applicant must demonstrate the reasons for his non-participation referred to in paragraph 1 within 5 days of receipt of the apology.

§ 30

(1) No account shall be taken of the request for a repeat of the initial test, the request for a different deadline or alternative deadline and the apology submitted late.

(2) No account shall be taken of the application or of an apology which does not contain the particulars laid down, is incomprehensible or incomprehensible or is not accompanied by the annexes to which the applicant relies, provided that the reasons for the application or apology cannot be assessed for such deficiencies.

(3) The Ministry shall inform the applicant of the failure to take account of the application or apology in the notification of the result of the initial examination and of the general or specific part thereof. The notification shall also include a brief description of the reason for the non-consideration.

§ 31

(1) The applicant repeats the entry test once also if it repeats both parts of it gradually once.

(2) If the applicant repeats the initial test and has not met only the specific part thereof, the general part of the initial test does not repeat.

§ 32

(1) If the specific part of the entrance exam consists of several oral interviews, the applicant shall:

(a) may limit the effects of a request for a re-entry examination, a request for a different deadline or alternative deadline or an apology for his non-participation in a particular oral interview at which he has failed;

(b) does not repeat the oral interview which he has successfully carried out when repeating a specific part of the entry exam; and

(c) if the specific part of the entry test is repeated, submit a test report prepared according to the new assignment.

(2) If the applicant is to process a new test report for the purpose of repeating the initial test, the applicant shall reenter the test report in the application for re-testing.

§ 33

Report on the course of the expert's initial examination

(1) A protocol containing:

(a) the name and, where appropriate, the names of the applicant;

(b) the designation assigned by the Ministry to the applicant;

(c) the date and place of the general part of the initial test;

(d) the date and place of the oral interview;

(e) evaluation of the written test, if any;

(f) the examination questions raised during the oral interview and the evaluation of the oral interview, if any;

(g) the result of the general and specific parts of the initial and the initial tests;

(h) the names and surnames of the members of the Examination Committee and their signatures;

(i) an indication of the applicant's notification of the result of the general part of the entry test, the specific part of the entry test and the entry test; and

(j) other facts provided for by this decree and, where appropriate, other matters relevant to the course and outcome of the initial test.

(2) The annex to the report shall be the written test and, where appropriate, the test report and supporting documents proving other relevant to the course and result of the initial test.

§ 34

(1) The Ministry publishes results in a way that allows remote access

(a) the general part of the initial test;

(b) specific parts of the initial test; and

Citation	Decree No. 503 / 2020 Coll., on the performance of expert activities
Regulation Type	Order
Author	-
Collection	Code of Laws

Date of Promulgation	07.12.2020
Effective from	01.01.2021
Effective until	-
Status	Valid

Decree No. 503 / 2020 Coll.

Decree on the performance of expert activities

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