Procedures for the Uniform State Professional Qualification Examination of a Lawyer

Issued pursuant to
Section 58, Paragraph four of the Law
on Higher Education Institutions

I. General Provisions

1. The Regulation prescribes:

1.1. the main directions of the content of the uniform State professional qualification examination of a lawyer (hereinafter - the qualification examination) arising from the profession standard, and also the procedures for organising, course, financing, and assessment of the qualification examination;

1.2. the procedures for the establishment of the qualification examination commission (hereinafter - the commission) and its operation;

1.3. the authority responsible for the qualification examination.

2. The qualification examination shall be a component of the professional masterʼs study programme. The qualification examination shall be taken for the acquisition of the professional qualification of a lawyer.

3. The value of the qualification examination shall be four credit points.

4. The qualification examination shall be taken after defending the masterʼs thesis.

5. The Ministry of Justice shall be the authority responsible for the qualification examination.

6. By concluding a delegation contract, the Ministry of Justice shall delegate to the University of Latvia the maintenance of the electronic environment where the qualification examination takes place.

7. The higher education institution which is implementing the professional masterʼs study programme for the acquisition of the professional qualification of a lawyer (hereinafter - the higher education institution) shall, at the beginning of the academic year, inform the Ministry of Justice in writing of the calendar of the academic year.

8. The higher education institution shall, twice a year (three months before the winter and summer sessions), publish information in the electronic environment on the estimated number of students who will be taking the qualification examination.

II. Composition of the Commission and the Procedures for its Operation

9. The Minister for Justice shall, not less than once a year, approve the commission in the composition of 45 members. Representatives of the higher education institutions and the authorities referred to in Paragraph 12 of this Regulation shall be included in the composition of the commission. A member of the commission may be included in the composition of the commission repeatedly.

10. A representative of the higher education institution who has a doctoral degree in law and has been elected in the academic position or who has obtained professional qualification of a lawyer and has been elected in the academic position for at least five years shall be nominated for work in the commission.

[18 March 2021]

11. Upon the invitation of the Minister for Justice, higher education institutions shall nominate the number of representatives specified by the Minister for Justice for participation in the commission in proportion to the estimated number of students who will be taking the qualification examination, but not less than one representative, and information on representatives shall be submitted to the Minister for Justice for approval.

12. The Office of the Prosecutor General and professional organisations representing the legal sector - the Latvian Council of Sworn Advocates, the Council of Sworn Notaries of Latvia, the Council of Latvian Sworn Bailiffs - shall, upon the invitation of the Minister for Justice, nominate the number of representatives specified by the Minister for Justice for participation in the commission, and information on representatives shall be submitted to the Minister for Justice for approval. The Minister for Justice may invite the representatives of the authorities of the judicial system and international authorities for participation in the commission.

[18 March 2021]

13. The commission shall be formed in such a way that all the fields referred to in Paragraph 24 of this Regulation would be represented therein in equal numbers.

[11 January 2022]

14. The members of the commission shall be convened for the first meeting by the Minister for Justice. Until the moment when the commission elects the chairperson of the commission and the deputies of the chairperson of the commission, the meeting of the commission shall be chaired by the person authorised by the Minister for Justice.

[18 March 2021]

15. The members of the commission shall, by open vote by a simple majority, elect from amongst themselves the chairperson of the commission and five deputies of the chairperson of the commission - one in each of the fields referred to in Paragraph 24 of this Regulation - and shall determine the sequence by which the deputies of the chairperson of the commission shall replace the chairperson of the commission during his or her absence. The chairperson of the commission and the deputies of the chairperson of the commission may not be the representatives of the higher education institution, and also the representatives of the authorities referred to in Paragraph 12 of this Regulation who participate in the implementation of a study programme in the higher education institution.

[18 March 2021]

16. The work of the commission, the preparation of the qualification examination, and the assessment thereof shall be organised by the chairperson of the commission, but during his or her absence - by the relevant deputy chairperson of the commission.

[18 March 2021]

17. The duties of the secretary of the commission shall be performed by the person appointed by the Ministry of Justice. The Secretary of the Commission shall not be a member of the Commission.

18. The commission shall have a quorum if the number of the members of the commission present in the work and decision-making of the commission is more than half of the composition of the commission.

19. The commission shall take decisions by open vote by a simple majority. If the number of votes is divided equally, the chairperson of the commission shall have the casting vote.

20. The material and technical operation of the commission shall be ensured by the Ministry of Justice.

21. The work premises of the commission shall be located in Riga, at the Ministry of Justice.

III. Procedures for Organising the Qualification Examination

22. The Ministry of Justice shall organise the qualification examination twice a year according to the winter and summer sessions in higher education institutions.

23.  The commission shall decide on the date and time for the taking of the qualification examination, and this information shall be published in the electronic environment at least a month before the day of the qualification examination.

[11 January 2022]

23.¹ The commission shall agree on the supervision of the qualification examination during the qualification examination in the examination room. The Ministry of Justice shall, at least three working days before the day of taking the qualification examination in the first field, electronically inform higher education institutions, the Office of the Prosecutor General, and the relevant authority of the judicial system of the members of the commission who are representing it and who will participate in the supervision of the qualification examination.

[11 January 2022 / See Paragraph 65]

24. Considering the uniformity and internal coordination of the legal system, the qualification examination shall test the knowledge, skills, and competences of a student in the following fields:

24.1. criminal law and rights of criminal procedure;

24.2. civil law, rights of civil procedure, and commercial law;

24.3. constitutional law, administrative law, and rights of administrative procedure;

24.4. international law and law of the European Union;

24.5. law, philosophy of law, and history of the law of Latvia.

[11 January 2022]

25. The qualification examination shall be organised in the following parts:

25.1. theoretical part where expanded answers to 15 questions are provided in writing (there shall be three questions for each of the fields referred to in Paragraph 24 of this Regulation);

25.2. practical part where five practical assignments (cases) are solved in writing (there shall be one assignment (case) for each field referred to in Paragraph 24 of this Regulation).

26. The chairperson of the commission shall ensure the preparation of the questions and assignments (cases) of the qualification examination in the fields referred to in Paragraph 24 of this Regulation. Each deputy chairperson of the commission shall organise the preparation of the questions and assignments (cases) of the qualification examination in the field referred to in Paragraph 24 of this Regulation in which he or she has been elected as the deputy chairperson of the commission.

[18 March 2021]

27. The commission shall prepare qualification examination questions and assignments (cases) according to the deadline set by the chairperson of the commission and the amount provided for by the Qualification Examination Grading Principles (Annex 2).

[11 January 2022]

28. The deputies of the chairperson of the commission shall submit the prepared questions and assignments (cases) of the qualification examination to the chairperson of the commission in each of the fields referred to in Paragraph 24 of this Regulation. There shall be prepared more questions of the qualification examination in each of the fields referred to in Paragraph 24 of this Regulation than provided for in Sub-paragraph 25.1 of this Regulation, and at least two assignments (cases).

[11 January 2022]

29. [11 January 2022]

30. Specific questions of the qualification examination and assignments (cases) shall be determined by the chairperson of the commission, deputies of the chairperson of the commission, and representatives of the authorities referred to in Paragraph 12 of this Regulation. The representatives of the authorities referred to in Paragraph 12 of this Regulation who participate in the implementation of a study programme in higher education institutions shall not participate in determination of specific questions of the qualification examination and assignments (cases).

[11 January 2022]

30.¹ The members of the commission are prohibited from disclosing personal data and any restricted access information related to the procedures for the course of the qualification examination and the content of questions and assignments (cases) and the preparation thereof.

[18 March 2021]

31. Before the beginning of the part of the qualification examination in the field referred to in Paragraph 24 of this Regulation, a student shall have no access to the questions and assignments (cases) of the qualification examination in the relevant field.

[11 January 2022]

31.¹ The commission shall prepare an abstract of the framework of the theoretical part of each field referred to in Paragraph 24 of this Regulation which shall be published in the electronic environment at least three weeks before taking of the qualification examination.

[11 January 2022]

32. Two weeks before taking the qualification examination, the commission shall prepare the list of sources which is to be used in the practical part of the qualification examination (solving of the assignments (cases)) and which is available in the electronic environment.

III.¹ Personal Data Processing in the Electronic Environment

[18 March 2021]

32.¹ The following entities shall have access rights to the electronic environment:

32.¹ 1. the University of Latvia - full access;

32.¹ 2. a representative of the Ministry of Justice - full access;

32.¹ 3. a member of the commission - access to the section of the qualification examination;

32.¹ 4. an administrator of the higher education institution - access to the information referred to in Paragraphs 23, 32.⁵, and 41 of this Regulation;

32.¹ 5. a student - access to the information referred to in Paragraphs 32 and 32.⁵ of this Regulation on himself or herself and the section of the qualification examination. Access rights are ensured in the time period up to three months after announcing the result of the qualification examination.

[18 March 2021; 11 January 2022]

32.² User rights of the electronic environment shall be granted, changed, or annulled:

32.² 1. for a representative of the Ministry of Justice - by a representative of the University of Latvia or another representative of the Ministry of Justice;

32.² 2. for a member of the commission and the administrator of the higher education institution - by a representative of the Ministry of Justice or, in an exceptional case, a representative of the University of Latvia upon a written request of a representative of the Ministry of Justice;

32.² 3. for a student - by the administrator of the higher education institution.

[18 March 2021; 11 January 2022]

32.³ A unique user account shall be created for the user in the electronic environment and authentification data (username and password) shall be assigned thereto which shall be sent to the electronic mail address of the user.

[18 March 2021]

32.⁴ The following information shall be submitted in the electronic environment in relation to a representative of the Ministry of Justice, a member of the commission, and the administrator of the higher education institution:

32.⁴ 1. the given name, surname;

32.⁴ 2. the personal identity number;

32.⁴ 3. the electronic mail address;

32.⁴ 4. the mobile phone number.

[11 January 2022]

32.⁵ The higher education institution shall, not later than three weeks before the day of taking the qualification examination in the first field, submit the following information in the electronic environment in relation to the student who will take the qualification examination:

32.⁵ 1. the given name, surname;

32.⁵ 2. the personal identity number or personal identification number assigned by the higher education institution if a personal identity number has not been assigned to the person in Latvia;

32.⁵ 3. the higher education institution;

32.⁵ 4. the electronic mail address.

[18 March 2021]

32.⁶ The higher education institution shall be responsible for the accuracy of the data entered. A student shall access the electronic environment not later than two working days before the day of taking the qualification examination in the first field in order to verify access thereto.

[18 March 2021]

32.⁷ The personal data of a student shall be pseudonymised by the electronic environment after completing the relevant part of the qualification examination by assigning an identification number (code).

[18 March 2021]

32.⁸ A student may request that the information referred to in Paragraph 32.⁵ of this Regulation is rectified until the moment when the results of the qualification examination are announced.

[18 March 2021]

32.⁹ The information on a student submitted in the electronic environment, including the result of the qualification examination, shall be kept for five years after the day of announcing the results of the qualification examination and shall be automatically deleted thereafter.

[18 March 2021]

32.¹⁰ The audit trail of the qualification examination shall be kept in the electronic environment for five years.

[18 March 2021]

IV. Procedures for the Course and Evaluation of the Qualification Examination

33. Students shall take the qualification examination at the same time online by using the electronic environment.

[18 March 2021]

34. In order to ensure conformity with the requirements of this Regulation, the higher education institution shall provide an appropriate working environment and equipment for course of the the qualification examination.

35. A student may take the qualification examination once during session.

36. If technical problems occur in the electronic environment during taking the part of the relevant field of the qualification examination, the student may take the examination again on the day determined by the commission during the relevant session.

37. A member of the commission and an observer appointed by the higher education institution shall be present in the examination room during the qualification examination. The student council of the higher education institution may, by informing the dean of the relevant faculty of the higher education institution at least two weeks before the day of taking the first field of the qualification examination, nominate a representative of the student council of the higher education institution for observing the qualification examination. An observer does not have the right to influence the course of the qualification examination.

[11 January 2022]

38. Upon arrival to the qualification examination, a student shall present a personal identification document to the member of the commission.

[18 March 2021]

39. If a student is late for the beginning of the qualification examination, he or she may take the qualification examination with the permission of the member of the commission. The time for the completion of the qualification examination shall not be extended.

40. During the practical part of the qualification examination, a student may use ancillary means brought with him or her (in printed form). It is prohibited to use ancillary means in the theoretical part of the qualification examination.

[11 January 2022]

41. When taking the practical part of the qualification examination, a student shall have access to the website likumi.lv and to the national and international court databases. The commission may determine other websites to which the student shall have access when taking the practical part of the qualification examination and shall publish the list of such websites in the electronic environment at least two weeks before the day of taking the first field of the qualification examination.

[11 January 2022]

42. During the qualification examination, a student may use a note sheet (draft) on which the notes on the course of completing the qualification examination shall be recorded. At the end of the relevant part of the qualification examination, the student shall submit his or her note sheet (draft) to the member of the commission or the observer appointed by the higher education institution who shall destroy the note sheet (draft).

[11 January 2022]

43. If a student uses unauthorised ancillary means during the qualification examination or otherwise violates the principles of academic honesty, the qualification examination shall be considered to be failed. A member of the commission shall make a note on the established fact in the electronic environment.

44. If the violation referred to in Paragraph 43 of this Regulation is established, the student may retake the qualification examination not earlier than after a year, skipping the subsequent time for taking the qualification examination.

45. The theoretical and practical part of the qualification examination in each of the fields referred to in Paragraph 24 of this Regulation shall be taken in one day. The time for the preparation of answers in the theoretical part shall be one hour, in practical part - two hours.

46. The qualification examination shall be organised over a period of not more than three weeks, ensuring that there is a break of at least two days between the fields of the qualification examination.

[11 January 2022]

47. During the course of the qualification examination, a member of the commission may allow one student at a time to leave the examination room accompanied by the observer appointed by the higher education institution if this is necessary due to a health condition or physiological reasons. In such case a member of the commission shall note the fact and time of absence in the electronic environment. The time for the completion of the qualification examination of the student shall not be extended.

[11 January 2022]

48. Answers to the questions of the theoretical part and the solutions of the practical part of the qualification examination shall be evaluated in accordance with the Qualification Examination Grading Principles (Annex 2).

[11 January 2022]

49. The assessment of the qualification examination shall take place anonymously in the electronic environment. The member of the commission shall add a short justification of the grade for a grade which is lower than 4 points.

[11 January 2022]

50. Answers to the questions of the theoretical part of the qualification examination and solutions of assignments (cases) of the practical part shall be evaluated by the member of the commission of the relevant field of the qualification examination.

51. The member of the commission shall evaluate each question of the theoretical part and each problem (case) of the practical part of the qualification examination on a 10-point scale in accordance with the Regulations Regarding the State Standard for the Second Level Vocational Higher Education.

[11 January 2022]

52. The work of the qualification examination of the student or a part thereof shall not be evaluated and the qualification examination shall be considered to be failed if:

52.1. the student has indicated the given name, surname, or other identifying data therein;

52.2. expressions insulting human dignity can be read therein;

52.3. a note of the member of the commission has been made in the electronic environment that the student has committed the violation referred to in Paragraph 43 of this Regulation.

53. The qualification examination shall be passed if the student has received a satisfactory grade in each theoretical and practical part of the field referred to in Paragraph 24 of this Regulation.

53.¹ If the theoretical or practical part in one or two of the fields referred to in Paragraph 24 of this Regulation has not been passed, the examination shall be retaken in the field referred to in Paragraph 24 of this Regulation where one of the parts has not been passed.

[11 January 2022]

V. Announcement of the Results of the Qualification Examination and Procedures for Contesting the Qualification Examination

54. The results of the qualification examination shall be announced to the student in the electronic environment within one month after the day of taking the qualification examination in the first field. The Ministry of Justice shall send a statement to the higher education institution from the electronic environment on the result of the qualification examination of the student of the relevant higher education institution.

[11 January 2022]

55. Within a month after announcing the decision on the result of the qualification examination, the student may contest the result of the qualification examination and the process of the qualification examination to the appeals commission. In each case of contesting, the chairperson of the commission shall approve the appeals commission in the composition of three members of the commission. The appeals commission shall elect from its members the chairperson of the commission who shall sign the decision on the contesting request. The person responsible for the contested assessment of the qualification examination shall not be included in the appeals commission.

[11 January 2022]

56. The student shall submit a reasoned submission for contesting the qualification examination to the chairperson of the commission. The chairperson of the commission shall hand over the submission to the appeals commission.

57. The appeals commission shall examine the submission of the student, assess the grade given in the qualification examination or the violations of the process of the qualification examination, and take a decision in accordance with the procedures laid down in the Administrative Procedure Law. The decision of the appeals commission may be appealed to a court in accordance with the procedures laid down in the Administrative Procedure Law.

VI. Procedures for Financing the Qualification Examination

58. Costs of the material and technical provisions for the operation of the commission, and also costs of adapting and maintaining the electronic environment shall be covered from the State budget.

59. Costs of the methodological management of the commission, preparation of the questions and assignments (cases) of the qualification examination, supervision (except for the expenses referred to in the Paragraph 60.¹ of this Regulation) and assessment of the qualification examination, insofar as they are related to the payment for work of the members of the commission representing the higher education institution in the commission, shall be covered by the higher education institution according to the workload of the member of the commission.

[11 January 2022 / See Paragraph 65]

60. Costs of the methodological management of the commission, preparation of the questions and assignments (cases) of the qualification examination, supervision (except for the expenses referred to in the Paragraph 60.¹ of this Regulation) and evaluation of the qualification examination, insofar as they are related to the payment for work of the members of the commission representing the authority referred to in Paragraph 12 of this Regulation in the commission, shall be covered by the relevant authority.

[11 January 2022 / See Paragraph 65]

60.¹ The Ministry of Justice shall reimburse travel costs of the member of the commission which are related to the supervision of the qualification examination to the higher education institution, the Office of the Prosecutor General, the authority of the legal system, and members of the commission representing other authorities referred to in Paragraph 12 of this Regulation in accordance with the laws and regulations regarding the procedures for the reimbursement of expenses related to official travels on the basis of the corroborative documents submitted by the higher education institution, the Office of the Prosecutor General, the authority of the legal system, and members of the commission representing other authorities referred to in Paragraph 12 of this Regulation.

[11 January 2022 / See Paragraph 65]

VII. Closing Provisions

61. The Regulation shall be applied in relation to students who have commenced the studies in the professional masterʼs study programme in the autumn semester of 2019. From 1 January 2022, the qualification examination shall be taken by all students enrolled in the professional master's study programme.

[18 March 2021]

62. Higher education institutions shall adapt their professional master's study programmes for the qualification of a lawyer to the requirements of this Regulation and submit an application for changes in the study field to the Academic Information Centre by 1 May 2019.

63. If, during the spread of the COVID-19 infection, it is not possible to comply with the established epidemiological safety measures when taking the qualification examination in the electronic environment, the commission may decide, not later than one month before the first day of the qualification examination, to take the qualification examination in paper form, ensuring compliance with the epidemiological safety measures in the premises where the qualification examination is to be taken.

[18 March 2021]

64. Students who have failed the theoretical or practical part of the qualification examination in one or two of the fields referred to in Paragraph 24 of this Regulation in the summer of 2021 shall only retake the failed theoretical and practical part of the qualification examination.

[11 January 2022]

65. Paragraphs 23.¹, 59, 60, and 60.¹ of this Regulation, insofar as they are related to the fact that the travel costs of the members of the commission shall be reimbursed by the Ministry of Justice, shall apply starting from the qualification examination in the summer of 2022.

[11 January 2022]

Prime Minister Māris Kučinskis

Minister for Justice Dzintars Rasnačs

Annex
Cabinet Regulation No. 46
15 January 2019

Description of the Qualification Examination Assessment

[11 January 2022]

Annex 2
Cabinet Regulation No. 46
15 January 2019

Qualification Examination Grading Principles

[11 January 2022]

1. Each question of the theoretical part in the qualification examination field referred to in Paragraph 24 of Cabinet Regulation No. 46 of 15 January 2019, Procedures for the Uniform State Professional Qualification Examination of a Lawyer (hereinafter - the field), shall consist of three components which shall specify the framework of the answer to be provided to the question. One component of the question may include aspects of another field. When preparing a question for the theoretical part, the representatives of the relevant field in the commission shall determine how many points shall be awarded for the answer to each component of the particular question considering that the maximum number of points to be awarded for the answer is 10.

2. Up to 10 points shall be awarded for the answer to each of the three qualification examination questions of the theoretical part, and the number of points awarded shall correspond to a grade on a 10-point scale.

3. The theoretical part in each field is successfully passed if the grade for each of the three questions in the relevant field is at least 4.

4. The grade for each field of the theoretical part of the qualification examination shall be determined by calculating the average grade from the total sum of the grades for the three questions, and:

4.1. if the grade for each of the three questions in the theoretical part of the field is at least 4, the grade shall correspond to the average grade;

4.2. if the grade for any of the three questions in the theoretical part of the field is lower than 4, the grade shall correspond to the average grade, however it shall not be higher than 3.

5. Each solution to the assignment (case) in the practical part of the field of the qualification examination shall be evaluated on a 10-point scale.

6. Considering the specificity of each field, the number of points to be awarded for the answers to the questions asked in the assignment (case) of the practical part or for the methods used which shall correspond to a grade on a 10-point scale may be determined, considering that the maximum number of points to be awarded for the solution is 10.

7. The practical part in each field is successfully passed if the grade for the assignment (case) is at least 4.

8. The overall grade for the qualification examination shall be determined by calculating the average grade from the total sum of the grades for the theoretical and practical part in each field, and:

8.1. if the grade for the theoretical and practical part in each field is at least 4, the grade shall correspond to the average grade;

8.2. if any grade for the theoretical or practical part in the field is lower than 4, the grade shall correspond to the average grade, however it shall not be higher than 3.

9. The overall grade shall be rounded according to the following principles:

9.1. a grade of at least 4 where the number after the decimal separator is "5" or higher shall be rounded up;

9.2. a grade of at least 4 where the number after the decimal separator is lower than "5" shall be rounded down;

9.3. a grade lower than 4 shall be rounded down regardless of the number after the decimal separator.

Translation © 2022 Valsts valodas centrs (State Language Centre)