Translation: Sona Pokorná

Language revision: John Andrew Young

Cover design: Elena Havlíková

Copyright: (C) Ministry of Education of the Slovak Republic, 1997

Published and printed by:

Institute of Information and Prognoses of Education

Centre for Equivalence of Diplomas

Staré grunty 52, 842 44 Bratislava

5

P a r t 1

INTRODUCTORY PROVISIONS

7

P a r t 2

ACADEMIC RIGHTS AND FREEDOMS

8

P a r t 3

ESTABLISHMENT AND STATUS OF HIGHER EDUCATION

INSTITUTIONS AND FACULTIES

9

P a r t 4

ECONOMIC PROVISION OF HIGHER EDUCATION

INSTITUTIONS AND FACULTIES

11

P a r t 5

SELF-GOVERNMENT OF HIGHER EDUCATION INSTITUTIONS

12

P a r t 6

THE MINISTRY OF EDUCATION, THE HIGHER

EDUCATION COUNCIL, THE UNIVERSITY STUDENT COUNCIL

AND THE ACCREDITATION COMMISSION

21

P a r t 7

HIGHER EDUCATION STUDY, SCIENTIFIC EDUCATION

AND LIFELONG EDUCATION

26

P a r t 8

STUDENTS

35

P a r t 9

TEACHING STAFF AND SCIENTIFIC WORKERS

P a r t 10

HIGHER EDUCATION INSTITUTION'S AND FACULTY'S STATUTES

P a r t 11

HIGHER EDUCATION INSTITUTIONS WITHIN COMPETENCE OF OTHER CENTRAL BODIES OF STATE ADMINISTRATION

40

P a r t 12

Faculties of Theology

45

P a r t 13

Academies of Art

Non-State Higher Education Institutions

45

P a r t 14

COMMON, INTERIM AND FINAL PROVISIONS

46

Annex to the Higher Education Act No. 172/1990 of the Law Code

LIST OF HIGHER EDUCATION INSTITUTIONS

59

Eva S l a v k o v s k á

The Minister of Education of the Slovak Republic

Bratislava, February 10th, 1997

promulgates

Introductory Provisions

§ 1

(1) Higher education institutions are high-level educational, scientific and artistic institutions and, at the same time, they represent a constituent part of the scientific-research and developmental basis of the Slovak Republic.

(2) Higher education institutions are self-governing bodies. The organization and activities of a higher education institution are decided in accordance with the law and within its scope by the academic self-governmental bodies.

(3) The fundamental task of higher education institutions is to provide higher education and to perform creative scientific investigations or creative artistic activities. Higher education institutions have the right to provide higher education and the exclusive right to award degrees and academic degrees to graduates of higher education; they have the right to organize scientific education or artistic education through doctoral (Ph.D.) studies and the exclusive right to confer scientific-academic degrees or artistic-academic degrees on the graduates.

Academic Rights and Freedoms

§ 2

(1) Members of the academic community at higher education institutions shall be guaranteed the freedom of scientific research and of publishing its results, the freedom of artistic creation, the right to teach and to study, the right to elect the academic self-governing bodies, the right to hold diverse philosophical views, and to profess religious beliefs and to disseminate them, the right to use academic insignia and symbols, and to perform academic ceremonials.

(2) The exercise and implementation of these rights and freedoms must be in conformity with the principles of democracy, humanism, and rules of law.

(3) The immunity of higher education institutions’ premises shall be guaranteed, with the exception of cases of threat to life, health, or property. In the event of a justified presumption of some criminal offence, permission of entry to agents of the law shall be given by the rector, or by the vice-rector or dean delegated by the rector.

(4) No political party or movement may carry on its activities and establish its organizations on the higher education institutions’ premises.

and Faculties

§ 3

(1) Higher education institutions shall be established, merged, split, and dissolved by the law; their names and seats shall be laid down in the same manner.

(2) While founding a higher education institution or establishing new higher education institutions by splitting the existing one, or, while setting up a new higher education institution by merger of the existing institutions (hereinafter the "establishment of a higher education institution") it shall also be determined which faculties may be established in it.

(3) After the establishment of a higher education institution until nomination of the rector, the function of the statutory body of the institution shall be exercised by a professor or associate professor appointed by the Minister of Education of the Slovak Republic (hereinafter the "Minister"). The professor or associate professor appointed to exercise the function of the statutory body shall secure in particular the elections of the academic senates of the faculties and higher education institution not later than six months from the operative date of the Act whereby the higher education institution shall be established.

§ 4

(1) Higher education institutions may be divided into faculties.

(2) Faculties shall be established, merged, split and dissolved by the rector with the consent of the academic senate of the higher education institution, after a prior opinion of the Accreditation Commission and an agreement of the Ministry of Education of the Slovak Republic (hereinafter the "Ministry of Education"); the names and seats of the faculties shall be laid down in the same manner.

(3) While establishing a faculty, it shall also be set down which fields of study may be pursued at the newly-established faculty.

(4) After establishment of a faculty until nomination of the dean, the function of the statutory body of the faculty shall be exercised by a person appointed by the rector. The person appointed to exercise the function of the statutory body shall secure in particular the elections of the academic senate of the faculty not later than six months from the date of establishment of the faculty. After establishment of the faculty until the election of the faculty's senate, its function shall be exercised by the senate of the higher education institution with the exception of activities falling within § 10, section 2, letters b), c), e), h), i).

§ 4a

(1) Teaching units of the faculty (higher education institution) training teachers, tutors and other specialists for preschool establishments, other educational establishments, primary schools and secondary schools shall be the training institutions and educational establishments of the faculty (higher education institution), which shall be established with the consent of the Ministry of Education upon the proposal of the dean (rector). Teaching units of the faculty training vocational subject teachers for secondary health schools shall be the faculty's training institutions, which shall be set down by the Minister of Health of the Slovak Republic upon the proposal of the dean. Details on the establishment, operation, management, activity and financial provision of the training institutions and educational establishments shall be laid down by generally binding regulations issued according to this Act.

§ 5

(1) Higher education institutions and faculties shall be legal entities.

(2) In legal matters a higher education institution shall act in its own name in the domains connected with the institution as a whole, and also in the domains confided to it by the faculties in accordance with the decision of the academic senate of the faculty.

(3) Other workplaces of a higher education institution (faculty) shall be legal entities if so decreed by the statute of the higher education institution (faculty).

Economic Provision of Higher Education Institutions and Faculties

§ 6

Self-Government of Higher Education Institutions

§ 7

Academic Community

The academic community of a higher education institution (faculty) shall be made up of teaching staff, scientific workers, students and, in so far as stipulated by the higher education institution's (faculty's) statute, also of professional staff of higher education institution (faculty).

§ 8

Academic Bodies and Academic Officials

(1) Academic bodies and academic officials of a higher education institution shall be represented by the academic senate, the scientific council, at academies of art by the artistic council (hereinafter only the "Scientific Council of the Higher Education Institution"), the rector and vice-rectors.

(2) Academic bodies and academic officials of a faculty shall be represented by the academic senate, the scientific council, at faculties of art by the artistic council (hereinafter only the "Scientific Council of the Faculty"), the dean and vice-deans.

§ 9

Academic Senate of a Faculty

(1) The academic senate of a higher education institution shall be elected by the academic community of a higher education institution in such a way that each faculty shall be represented by the same number of members. Members of the academic senate of a higher education institution shall be accountable for their activity to the academic community of the higher education institution.

(2) The academic senate of a higher education institution shall be made up of elected representatives of the academic community of the higher education institution.

(3) The academic senate of a faculty shall be elected by the academic community of the faculty. Members of the academic senate of the faculty shall be accountable for their activity to the academic community of the faculty.

(4) The academic senate of a faculty shall be made up of elected representatives of the academic community of the faculty.

(5) The functions of a member of the academic senate of a higher education institution and of a member of the academic senate of a faculty shall be incompatible with the functions of the rector, vice-rector, dean and vice-dean. The rector (dean) or his deputy may take part in discussions of the pertinent academic senates but only in an advisory capacity.

(6) Professors, associate professors, scientific workers with the scientific degree of DrSc. and scientific workers with the acknowledged scientific qualification degrees of I and IIa⁾ shall represent the absolute majority of members of the academic senate of a higher education institution (faculty), and students shall represent one quarter up to one third of the senate's members.

(7) The academic senate of a higher education institution (faculty) shall elect the chairman of the senate from among professors, associate professors, and scientific workers in accordance with section 6, or artistic workers who are the senate's members.

§ 10

(1) Academic senate of a higher education institution shall, particularly,

a) take up a binding opinion to the rector's proposals on establishment, merger, split and dissolution of faculties after a prior opinion of the Accreditation Commission,

b) approve the statute of the higher education institution,

c) elect a candidate for the rector from among professors or associate professors of the higher education institution as a rule not later than two months before the termination of tenure of his office and shall make proposals for recall of the rector. The academic senate shall submit the proposal for nomination or recall of the rector to the Minister. Upon the recall of the rector or termination of his tenure for other reasons (personal or health), the academic senate shall propose the Minister to entrust a person from among the academic officials of the higher education institution or a person from among associate professors of the higher education institution to exercise the function of the rector until the nomination of the new rector,

d) approve the rector's proposal for nominating vice-rectors,

e) deliberate on the establishment, merger, split and dissolution of the scientific, educational, development, economic, and information units and special-purpose establishments at the higher education institution,

f) approve the rector's proposal for the annual allocation of the higher education institution's finances among faculties, various units, and special-purpose establishments of the higher education institution, and shall check up their use,

g) take up a binding opinion on the rector's proposal on nominating the Scientific Council of the Higher Education Institution,

h) elect the representatives of the higher education institution to the Higher Education Council,

i) approve the statutes of faculties of the higher education institution,

j) upon the proposal of the faculties and after a prior statement of the Accreditation Commission and the rector, it shall approve the fields of study of the higher education institution with the exception of Ph.D. studies,

k) submit a report on its activity and on the state of the higher education institution to the academic community of the higher education institution not less than once a year.

(2) Academic senate of a faculty shall, particularly,

a) propose the statute of the faculty,

b) elect the dean from among professors and associate professors of the faculty not later than one month before termination of the tenure of his office and shall recall him from that post. Upon the recall of the dean or after termination of the tenure of the dean for other reasons (personal or health), it shall propose the rector to entrust a person from among the academic officials of the faculty or a person from among professors and associate professors of the faculty to exercise the office of the dean until the nomination of the new dean,

c) approve the dean's proposals for nominating vice-deans,

d) deliberate on the establishment, merger, split and dissolution of the scientific, educational, development, economic, and information units and special-purpose establishments of the faculty,

e) approve the dean's proposal for the annual allocation of the faculty's finances among organization units, the other units, and special-purpose establishments of the faculty, and shall check up their use,

f) discuss the proposals for the establishment of the fields of study and study programmes of the faculty with the exception of the Ph.D. studies,

g) approve the number and composition of the faculty's staff,

h) take up a binding opinion on the dean's proposal on nominating the Scientific Council of the Faculty,

i) elect representatives of faculty to the Higher Education Council,

j) submit a report on its activity and on the state of the faculty to the academic community of the faculty not less than once a year.

(3) Decisions on issues in Section 1, letters c), g), h) shall be taken by the academic senate of the higher education institution, and on those in section 2, letters b), c), h) and i) by the academic senate of the faculty in a secret ballot.

§ 11

Scientific Council of the Higher Education Institution

(1) Members of the Scientific Council of the Higher Education Institution shall be appointed by the rector from among teachers, scientific workers and other outstanding specialists with the agreement of the academic senate of the higher education institution. The number of further significant specialists ought not exceed one third from the total amount of members of the Scientific Council of the Higher Education Institution. The chairman of the Scientific Council of the Higher Education Institution shall be represented by the rector.

(2) The Scientific Council of the Higher Education Institution shall

a) approve the perspective programme of development of scientific, research, or artistic activities of the higher education institutions,

b) discuss and evaluate the standard of scientific, research, or artistic activities and Ph.D. studies at the higher education institution,

c) discuss and evaluate the standard of educational activities of the higher education institution,

d) approve the criteria for the habilitation of associate professors and the criteria for the nomination of professors,

e) discuss and approve the proposals of the Scientific Council of the Faculty on the nomination of professors; unless approved, it shall return the proposal with comments to the Scientific Council of the Faculty,

f) approve the proposals of the Scientific Council of the Faculty on the establishment of Ph.D. studies in the respective scientific disciplines or the fields of art, and shall submit them to the Ministry of Education,

g) award the scientific degree of "doctor scientiarum" (abbr. "DrSc."),

h) award the degree of "doctor honoris causa" (abbr. "Dr.h.c.") to outstanding domestic and foreign personages,

i) discuss and approve the proposals for awarding the scientific-pedagogical (artistic-pedagogical) degree of "visiting professor" to outstanding specialists during their employment at the higher education institution.

(3) In the case the higher education institution shall not be divided into faculties, the Scientific Council of the Higher Education Institution shall also fulfil the tasks of the Scientific Council of the Faculty in accordance with § 12, section 2.

§ 12

Scientific Council of the Faculty

(1) Members of the Scientific Council of the Faculty shall be appointed by the dean, upon approval of the academic senate of the faculty, from among teachers and scientific workers of the faculty and other outstanding specialists. The other outstanding specialists shall represent one third from the total number of members of the Scientific Council of the Faculty; in doing so, the representatives of external educational institutions (§ 22, section 3) who shall be involved in Ph.D. studies, have priority. The chairman of the Scientific Council of the Faculty shall be represented by the dean.

(2) The Scientific Council of the Faculty shall

a) approve the programme of scientific, research, or artistic activities of the faculty and shall give incentives on its perspective development to the Scientific Council of the Higher Education Institution for approval,

b) discuss and evaluate the standard of scientific, research, or artistic activities and Ph.D. studies at the faculty,

c) discuss and evaluate the standard of educational activities of the faculty,

d) approve the study programmes of the faculty,

e) decide on awarding the scientific-academic degree of "philosophiae doctor" (abbr. "PhD.") or artistic-academic degree of "artis doctor" (abbr. "ArtD."),

f) submit the criteria for the habilitation of associate professors and the criteria for the nomination of professors to the Scientific Council of the Higher Education Institution,

g) discuss the habilitations of associate professors and shall decide on their results,

h) discuss and submit proposals to the Scientific Council of the Higher Education Institution for the nomination of professors and the award of the scientific-pedagogical (artistic-pedagogical) degree of "visiting professor" to outstanding specialists during their employment at the faculty,

i) discuss and approve proposals for the award of the scientific-pedagogical (artistic-pedagogical) degree of "visiting associate professor" to outstanding specialists during their employment at the faculty,

j) discuss and approve the programme of Ph.D. study pursued at the faculty in the respective fields of scientific (artistic) study and shall submit proposals for establishment of scientific (artistic) fields of Ph.D. study at the faculty to the Scientific Council of the Higher Education Institution for approval.

§ 13

Rector, Dean, Vice-Rector, Vice-Dean

(1) The rector shall be a representative of the higher education institution; he shall administer, represent and act on its behalf. For his actions he shall be accountable to the academic senate of the higher education institution; and in matters presented in § 15, section 1, letters c), d), h), i) and j), also to the Minister.

(2) The rector shall set up, merge, split and dissolve the faculties (§ 4 section 2).

(3) The rector shall nominate associate professors and award the scientific-pedagogical (artistic-pedagogical) degree of "visiting professor" upon the proposal of the Scientific Council of the Higher Education Institution.

(4) The rector shall set up, merge, split, and dissolve the scientific, educational, development, economic, and information units and special-purpose establishments of the higher education institution.

(5) Upon the proposal of the academic senate of the faculty the rector shall entrust a person to exercise the function of the dean until the nomination of a new dean.

(6) The dean shall be a representative of a faculty; he shall administer, represent, and act on its behalf. For his actions he shall be accountable to the academic senate of the faculty and, to the extent specified by the higher education institution’s statute, to the rector.

(7) The dean shall set up, merge, split, and dissolve the scientific, educational, development, economic, and information units and special-purpose establishments of the faculty.

(8) Upon the proposal of the Scientific Council of the Faculty the dean shall award the scientific-pedagogical (artistic-pedagogical) degree of "visiting associate professor". At a higher education institution that shall not be divided into faculties, the rector shall fulfil the function of the dean.

(9) The vice-rectors may deputize for the rector to the extent specified by him; vice-deans may deputize for the dean to the extent specified by him. The vice-rector shall be nominated by the rector with the approval of the academic senate of the higher education institution; the vice-dean shall be nominated by the dean with the approval of the academic senate of the faculty. The vice-rector shall be accountable for his activity to the rector, and the vice-dean shall be accountable to the dean.

(10) The tenure of the offices of rector, vice-rector, dean and vice-dean shall last three years each. The same academic office may be held for not more than two successive terms. After the rector's recall or after the termination of the tenure of his office for other reasons and until the nomination of the new rector, the function of the statutory body of the higher education institution shall be exercised by a person appointed from among the academic officials or the professors and associate professors of the higher education institution by the Minister upon the proposal of the academic senate of the higher education institution. Upon the recall of the dean or after the termination of the tenure of his office for other reasons, this function shall be exercised by a person appointed by the rector from among the academic officials of the faculty or from among the professors and associate professors of the faculty until the nomination of the new dean.

§ 14

Faculty Management

(1) The management of a higher education institution shall consist of a bursar and heads of the scientific, educational, developmental, economic, and information units and special-purpose establishments of the higher education institution. The faculty management shall consist of a secretary of the faculty and heads of scientific, educational, development, economic, and information units and special-purpose establishments of the faculty. The posts of the higher education institution and faculty heads shall be filled in through competitive procedures. The manner of the competitive procedure shall be set up by the higher education institution's or faculty's order on competitive procedure.

(2) The bursar shall be in charge of the economic and administrative procedures of the higher education institution. The secretary of the faculty shall be in charge of the economic and administrative procedures of the faculty. The bursar shall be accountable to the rector; the secretary shall be accountable to the dean.

the University Student Council and the Accreditation Commission

§ 15

The Ministry of Education

(1) The Ministry of Education shall

a) create conditions for the development of higher education institutions and of higher education,

b) coordinate the activities of the higher education institutions,

c) allocate the finances allotted from the state budget among individual institutions and shall check up their use to be in compliance with the state employment policy, the state policy of higher education development and the state policy of the development of science and technology and with a view to evaluation of the work of higher education institutions and faculties carried on by the Accreditation Commission,

d) register the statutes of higher education institutions and faculties,

e) give approvals on the establishment, merger, split and dissolution of the faculties of higher education institutions in accordance with the state policy of higher education development and upon the rector's proposal following the prior statement of the Accreditation Commission (§ 4, section 2),

f) set up departmental institutions and workplaces which are legal entities for the accomplishment of tasks of the higher education institutions following the prior statement of the Higher Education Council,

g) decide upon the proposal or statement of the Accreditation Commission on acknowledgement or withdrawal of the right of the higher education institution or faculty to hold the state examinations, examina rigorosa, and the defences of theses in the respective fields of study, to perform dissertation examinations and the defences of dissertations in the respective scientific disciplines or fields of art and to award the scientific-academic degrees or artistic-academic degrees in the respective scientific disciplines or fields of art, as well as to perform habilitation procedures and procedures for nominating professors. In the case the Ministry of Education shall withdraw the right to hold the state examinations, examina rigorosa examinations and the defences of theses in the respective fields of study, to perform dissertation examinations and the defences of dissertations and to award scientific-academic degrees or artistic-academic degrees in the respective scientific disciplines or fields of art, it shall decide after a proposal or statement of the Accreditation Commission at which other higher education institution or faculty these examinations or the defences of dissertations and the award of scientific-academic or artistic-academic degrees shall take place, upon agreement with the relevant institution,

h) decide upon the proposal or statement of the Accreditation Commission on acknowledgement or withdrawal of the right of the higher education institution, the faculty, or external educational institution (§ 22, section 3) to hold Ph.D. study and Ph.D. examinations in the respective scientific disciplines or fields of art. In the case the Ministry of Education shall withdraw the right to hold Ph.D. examinations in the respective scientific disciplines or fields of art, it shall decide after a proposal or statement of the Accreditation Commission at which other higher education institution, faculty, or external educational institution these examinations shall take place, upon agreement with them,

k) examine legitimate decisions of academic officials of higher education institutions except the procedures of appeal in matters by virtue of this Act that are referred to in generally binding regulations on administrative procedure (§ 34)^.)

(2) the Minister shall

a) submit proposals upon a recommendation of the higher education institutions to the President of the Slovak Republic on the nomination of professors and rectors, as well as proposals on the recall of rectors,

b) appoint upon a proposal of the academic senate of the higher education institution a person from among academic officials of the higher education institution or a person from among professors and associate professors of the higher education institution for performing the rector's office until the nomination of a new rector, for a period of not more than three months,

c) submit proposals on the establishment of new higher education institutions to the Government of the Slovak Republic.

§ 16

The Higher Education Council

(1) The Higher Education Council shall be a self-governmental body of the higher education institutions that represents the institutions especially in relation to the Ministry.

(2) The Higher Education Council shall consist of representatives of higher education institutions and faculties elected by the academic senates of the higher education institutions and the academic senates of the faculties.

(3) The Higher Education Council shall give opinions on

a) proposals for establishment and composition of Accreditation Commissions,

b) proposals of the Ministry concerning the allocation of funds according to § 15, section 1, letter c) to higher education institutions,

c) substantial proposals and measures concerned with higher education institutions.

(4) Membership in the Higher Education Council is a matter of honour. The members shall be entitled to reimbursement of expenses connected with the exercise of this function in accordance with a special rule.⁾ The Ministry of Education shall financially provide for the activity of the Higher Education Council by a special allocation of funds for activities of its secretariat.

§ 16a

The University Student Council

(1) The University Student Council is a representative of the university students. It represents their interests in relation to the Ministry.

(2) The University Student Council shall consist of elected representatives of the student sections of the academic senates of higher education institutions and of the student sections of the academic senates of faculties. Only a university student may be elected a member of the University Student Council.

(3) The University Student Council shall

a) represent the students' interests from the outside,

b) give its opinion on essential questions, proposals, and measures concerning higher education studies.

(4) Membership in the University Student Council is a matter of honour. The Ministry of Education shall financially provide for the activity of the University Student Council by special allocation of funds for activities of its secretariat. Reimbursement of the expenses connected with the exercise of the function of a member of the University Student Council shall be provided in accordance with a special rule^.)

§ 17

The Accreditation Commission

(1) The Accreditation Commission shall be set up by the Government of the Slovak Republic as its advisory body. For members of the Accreditation Commission it shall appoint outstanding workers from higher education institutions, and from professional and scientific institutions.

(2) The Accreditation Commission shall

a) give its opinion on proposals of the establishment, merger, split, and dissolution of the higher education institutions and faculties (§ 3 and § 4, section 2), and on proposals concerning fields of study at higher education institutions and faculties (§ 10, section 1, letter j),

b) give its opinion on the application of the founder of a non-state higher education institution for financial support of its activities from the state budget (§ 6, section 1),

c) carry on activities according to § 15, section 1, letters g) and h).

(3) The Ministry of Education shall financially provide for activities of the Accreditation Commission by special allocation of funds for its secretariat. Reimbursement of the expenses connected with the exercise of the function of a member of the Accreditation Commission shall be provided in accordance with a special rule.⁷⁾

Higher Education Study, Scientific Education and Lifelong Education

§ 18

Higher Education Study

(1) A citizen has the right to pursue the study of a subject of his choice at a university provided he has complete secondary education or secondary specialized education and gives prove of the required aptitudes for this study. The criteria for determining the necessary aptitudes and the manner of their verification shall be approved by the academic senate of the relevant faculty upon the proposal of the dean, and at higher education institutions not divided into faculties, by the academic senate of the higher education institution on the recommendation of the rector.

(2) The admission of an applicant for higher education study shall be decided by the dean. An applicant may appeal on substantiated grounds against the dean's decision to the rector within eight days of its delivery. An applicant may appeal the academic senate of the higher education institution against the decision of the rector of a higher education institution that is not divided into faculties within the same time limit.

(3) An applicant to an academy of art may be admitted even if he has not completed secondary education or secondary specialized education giving access to higher education.

(4) An applicant shall become a student of a higher education institution on the day of his enrolment.

(5) The academic year shall start on September 1st of the current year and it shall end on August 31st of the next year. The organization of the academic year shall be defined by the statute of the faculty or the statute of the higher education institution, in the case the university is not divided into faculties.

The conditions for admission of foreigners to higher education studies shall be equal to those applied for citizens of the Slovak Republic. In

substantiated cases the academic senate of the faculty may adapt the conditions accordingly upon the dean's recommendation.

(7) The dean may permit the interruption of the higher education study under the conditions specified in the faculty statute; during the study interruption the student shall not have the rights and duties of a student by virtue of § 26.

(8) A student may complete a period of his study at another higher education institution or at a foreign higher education institution; provided that this period of study is a part of the study programme, the dean shall not interrupt the study of this student.

§ 18a

The types of higher education studies shall be represented by

a) the study leading to the Bachelor's degree, which is a comprehensive part of higher education studies; it lasts not less than three years. After completing the Bachelor's study, the higher education study may be further pursued according to letter b) and lasts not less than one year,

b) the study leading to the Magister's and Engineer's degrees, which last not less than four years, and doctor's studies in the fields of medicine and veterinary science, which last six years,

c) the Ph.D. study that is a form of scientific education or artistic education; it takes three years in a full-time form, and five years in a part-time form.

§ 19

(1) Higher education studies shall be completed according to individual types as follows:

a) the Bachelor's study by passing a state examination; a part of the state examination is the defence of a final thesis if stipulated by the statute of the faculty or the statute of the higher education institution which is not divided into faculties.

b) the Magister's study, Engineer's study and doctor's studies by passing state examinations; if stipulated by the statute of the faculty (in case of higher education institutions not divided into faculties, by the statute of the higher education institution), the state examinations shall also include the defence of a thesis.

c) the Ph.D. study after completing a dissertation examination through the defence of a dissertation.

(2) The diploma thesis and state examination are to show the student's ability to work creatively in the field of study he pursued. The dissertation examination and the defence of a dissertation are to show that the Ph.D. student has the ability to carry on independent scientific work or the ability to create an excellent technical work or work of art, or to show a high-level artistic performance.

§ 20

A student shall cease to be a student of a higher education institution upon completing his higher education study (§ 19, section 1, letters a) and b)), by sending the student down because of a failure or through imposing upon the student a disciplinary measure, or, by quitting. In case the student fails to complete his studies within the date stipulated by the study programme, he shall cease to be a student of the higher education institution at the end of the academic year in which he ought to have completed his studies.

§ 21

(1) Higher education institutions shall award the graduates the following degrees according to § 18a letter a), b):

a) in Bachelor's study, the degree of "Bachelor" (abbr. "Bc."),

b) in Magister's studies, the academic degree of "Magister" (abbr. "Mgr."), in the fields of art, the academic degree of "Magister of Arts" (abbr. "Mgr. art."),

c) in technical, agricultural and economic fields of Engineer's studies, the academic degree of "Engineer" (abbr. "Ing."), and in the fields of architecture and town-planning, the academic degree of "Engineer-Architect" (abbr. "Ing. arch."),

(d) in doctoral study in medical disciplines, the academic degree of "Doctor of Medicine" (abbr. "MUDr.") and in veterinary disciplines, the academic degree of "Doctor of Veterinary Medicine" (abbr. "MVDr.").

(2) Graduates of the fields of study in which the academic degree of "Magister" is awarded, may take examina rigorosa, which also includes the defence of a dissertation. Upon successfully completing it, higher education institutions shall award to the students the following academic degrees:

a) in natural sciences, the degree of "Doctor of Science" (abbr. " RNDr."),

b) in pharmacy, the degree of "Doctor of Pharmacy" (abbr. "PharmDr."),

c) in the humanities and art, the degree of "Doctor of Philosophy" (abbr. "PhDr."),

d) in law and security courses with legal concentrations, the degree of "Doctor of Law" (abbr. "JUDr."),

e) in teacher training and sports, the degree of "Doctor of Pedagogy" (abbr. "PaedDr."),

f) in theology, the degree of "Doctor of Theology" (abbr. "ThDr.").

(3) The graduates of higher education studies shall be granted by virtue of section 1 diplomas showing the field of study pursued, degree or academic degree awarded, and, a certificate of state examination issued by the higher education institutions. The graduates of Magister's studies who pass examina rigorosa are awarded by virtue of section 2 diplomas showing the field of study pursued and the academic degree awarded by the higher education institutions. By virtue of sections 1 and 2, the higher education institutions shall also grant other certificates to the graduates.

22

Ph.D. Studies

(1) Ph.D. study is the highest form of higher education. The aim of Ph.D. study shall be to prepare the Ph.D. students for independent creative scientific-research work or excellent work of art by acquiring comprehensive theoretical knowledge and mastering the methods of scientific or artistic work demonstrating them in a given scientific (artistic) project, thus providing the Ph.D. student with the highest degree of higher education in the respective scientific discipline or field of art.

(2) Higher education institutions or faculties and external educational institutions shall by virtue of section 3 organize the education of Ph.D. students in scientific disciplines and fields of art as stipulated by generally binding legal provisions issued in accordance with this Act.

(3) External educational institution is a scientific workplace of the Slovak Academy of Sciences or other institution of science, education, research, technology or art that is vested, by the Ministry of Education and upon the proposal or statement by the Accreditation Commission, with the right to provide Ph.D. study at least in one scientific discipline or field of art.

(4) The institutions referred to in section 2 above and vested with the right to provide Ph.D. study in the same scientific discipline or field of art, shall establish a joint subject commission for the purposes of Ph.D. study.

(5) Ph.D. study may be organized in the form of full-time or part-time study.

§ 22a

(1) An applicant for Ph.D. study may be admitted to this study if he has completed higher education study according to § 19, section 1, letter b). The admitted applicant becomes a Ph.D. student from the date of his enrolment.

A part of the Ph.D. student's study programme in the full-time form of scientific education or artistic education shall be the performing of teaching activity or other professional activities to the extent laid down by generally binding rules issued according to this Act.

(3) The dean or the head of an external educational institution may interrupt the study of a Ph.D. student on his request under the conditions set up by generally binding rules issued according to the present Act. During the interruption of study the Ph.D. student shall not have the rights and duties of the Ph.D. student.

(4) A Ph.D. student may also complete a period of his study at another higher education institution, external educational institution, institution of science, education, technology and art or a foreign higher education institution; if this period of the study is a part of the study programme, the dean or the head of the external educational institution shall not interrupt the study of the Ph.D. student.

(5) A Ph.D. student admitted to the full-time form of Ph.D. study shall have rights and duties according to § 26.

(6) A Ph.D. student shall cease to be a Ph.D. student on termination of the time set up for this study, upon quitting the study or being expelled from the study for not meeting the study programme, or, upon completing the study.

(7) Within not more than thirty days after successful defence of a dissertation, the joint subject commission established in accordance with § 22 section 4, shall submit a proposal on awarding the scientific-academic degree or artistic-academic degree and a report including records of the defence to the respective Scientific Council of the Faculty that is entitled to decide on awarding the scientific-academic degree or artistic-academic degree in the respective field. The Scientific Council of the Faculty shall decide about the proposal of awarding the scientific-academic or artistic-academic degree not later than six months since the date of receipt of the proposal.

Faculties or higher education institutions, in case the higher education institution is not divided into faculties, shall award to the graduates of Ph.D. studies in the scientific disciplines the degree of "philosophiae doctor" (abbr. "Ph.D."), and to the graduates of Ph.D. studies in the fields of art, the degree of "artis doctor" (abbr. "ArtD."). The scientific-academic and artistic-academic degrees are shown in abbreviation after the candidate's name.

(9) The graduates of Ph.D. study shall be granted diplomas issued by higher education institutions that show the scientific or artistic field pursued and the scientific-academic degrees awarded, and indicate the name of the faculty or external educational institution at which the Ph.D. study took place.

§ 22b

(1) For the purposes of health insurance, medical insurance, any pension insurance scheme and for the purposes of paying dues to the Employment Fund of the Slovak Republic, the Ph.D. student of the full-time form of Ph.D. study shall have the position of an employee^.)

(2) The labour relations between the Ph.D. student in the full-time form of Ph.D. study and the higher education institution, faculty or the Slovak Academy of Sciences and other institution of science, research, technology or art, shall be regulated in accordance with:

a) The Labour Code with the exception of the following provisions:

§ 27 to 33, § 35 to 47, § 49 to 60, § 65, § 68 to 71, § 74, § 75, § 96 to 99 a, § 111 to 119, § 122, § 123, § 129, 137, § 142, § 142b to 144, § 147, § 155, § 163 to 168, 227 and 227a, § 267 and § 269; provisions § 61 to 64 of the Labour Code are applied accordingly,

b) The Regulation of the Government of the Czechoslovak Socialist Republic No. 223/1988 of the Law Code whereby the Labour Code is applied, as amended by the subsequent regulations with the exceptions of § 1, § 3, § 6, § 15, § 35, § 39, § 40, sections 2 and 3, and § 47, section 2.

(3) A faculty and higher education institution, if it is not divided into faculties, or an external educational institution by virtue of § 22 section 3 shall provide for the full-time Ph.D. student with the scholarship for the period of his Ph.D. study that is considered to be a salary. Details on granting the scholarships shall be laid down in generally binding rules issued in accordance with this Act.

(4) The scholarship of a Ph.D. student pursuing full-time courses of Ph.D. study who fulfills the tasks of study programme in an unhealthy and harmful environment shall be increased by a sum corresponding to the amount of the allowances allotted to the employees in that employment^.)

(5) Reimbursement of costs for part-time courses of Ph.D. study may be provided for.

§ 22c

The graduates who, through the results of their work, have demonstrated the ability to carry on independent scientific work or the ability to create an excellent work of art or to perform a high-level artistic performance, and who have not yet received a scientific-academic degree or artistic-academic degree, shall be permitted, in agreement with an approval of the Scientific Council of the Faculty or Scientific Council of the Higher Education Institution, in case that the latter is not divided into faculties, after the dissertation examination to submit a thesis for the defence even without the prior completion of Ph.D. study.

§ 23

A higher education institution shall provide higher education study in the fields of study set down by the statute of the higher education institution.

§ 24

Lifelong Education

(1) Higher education institutions may provide lifelong education for adults particularly by:

a) providing further education needed to carry out specialized professions or activities,

b) permitting them to supplement their education in keeping with the development of science in the world,

c) organizing foreign language teaching and state language examinations for citizens and teaching of Slovak as a foreign language and the state examination in Slovak language for foreigners with consequences according to special regulations^.)

(2) The expenses connected with this study shall be reimbursed to higher education institutions as a rule by the legal entities sending participants to those courses, eventually, by participants themselves.

§ 25

Issued by a Foreign Higher Education Institution

(1) Diplomas or other credentials on higher education study or on completed examinations, as well as documents on awarded scientific-academic degrees or artistic-academic degrees (hereinafter the "credentials") issued by a foreign higher education institution shall be valid on the territory of the Slovak Republic only in the case of being explicitly recognized (nostrified). The decision on recognition shall be made by a higher education institution in which there are the same or similar fields of study or scientific (artistic) disciplines offered; in disputable cases or when there is not such a higher education institution existing in the Slovak Republic, the decision shall be made by the Ministry. The nostrification also means a recognition of degrees or academic degrees and scientific-academic or artistic-academic degrees in accordance with this Act.

(2) The diplomas issued by a foreign higher education institution of the country with which the Slovak Republic has concluded an international agreement on mutual recognition of equivalence of diplomas, shall not be the subject of nostrification.

§ 26

Students

(1) Students of higher education institutions shall have essentially these rights:

a) to choose their study programme in conformity with legal prescriptions and rules as set up by the higher education institution,

b) to apply within the scope of their higher education institution course for readings also at some other faculty or higher education institution, eventually, abroad,

c) to make use of the higher education institution's facilities in conformity with regulations set down by the higher education institution,

d) to be represented in self-governing bodies of the higher education institution, faculty and in the University Student Council,

e) to organize independent associations (clubs, unions, fraternities) at the higher education institution in conformity with the act on citizens' associations,

f) to freely apply opinions and comments on the higher education system.

(2) Higher education institutions shall

a) provide students with scholarships and material provision under the conditions set up by the generally binding rule,

b) create conditions for learning foreign languages and physical education and sports for students.

(3) Students shall be obliged to abide by the statute of the higher education institution or faculty.

(4) In the case of contravention of this Act, or of the higher education institution's or faculty's statute, or of civic obligations, a student may be subject to a disciplinary measure in accordance with the higher education institution's disciplinary order. In the case of unusually serious infringements of these obligations, a student may be sent down from the university by the dean of the faculty, or by the rector in case the higher education institution is not divided into faculties.

§ 27

Teaching Staff and Scientific Workers

(1) At higher education institutions the function of teachers performing scientific, artistic and educational activities shall be exercised by professors, associate professors, visiting professors, visiting associate professors, senior lecturers and assistant lecturers; the function of teachers performing teaching activities shall be exercised by lecturers. At higher education institutions, there shall also be scientific workers and artistic workers functioning.

(2) Teaching activities may also be performed by scientific or artistic workers.

(3) The acquisition of scientific-pedagogical or artistic-pedagogical degree of "associate professor" shall be conditional upon a successful habilitation based on a habilitation thesis. The habilitation procedure shall start by submitting an application and presenting the habilitation thesis.

(4) The acquisition of scientific-pedagogical or artistic-pedagogical degree of "professor" shall be conditional upon the prior acquisition of the degree of associate professor in accordance with section 3.

(5) The scientific-pedagogical (artistic-pedagogical) degree of "visiting professor" shall be awarded by rector upon a proposal of the Scientific Council of the Higher Education Institution to such a part-time worker during his operation at the higher education institution who is an outstanding scientific (artistic) personage in the respective scientific (artistic) field.

(6) The scientific-pedagogical (artistic-pedagogical) degree of "visiting associate professor" shall be awarded by the dean upon a proposal of the Scientific Council of the Faculty to such a part-time worker during his operation at the faculty who has achieved significant scientific results or created excellent works of art.

(7) The post of teachers and scientific workers at higher education institutions and faculties shall be filled out through a selection procedure. The manner of the selection procedure shall be set down by the higher education institution's or faculty's order on selection procedure.

(8) The employment concluded with a professor, an associate professor, or a scientific worker with the assigned scientific qualification grade of I and IIA shall be decided upon only for an indefinite period.

The employment of newly accepted visiting professors, visiting associate professors, senior lecturers, assistant lecturers, instructors, artistic workers and scientific workers, with the exception of scientific workers falling within section 8, shall be concluded for a fixed period, for not more than five years. The employment of assistant lecturers may be prolonged for an additional two years. The employment of senior lecturers may be prolonged for not more than five years. The employment of instructors, artistic workers and scientific workers may be prolonged according to the dean's decision. The employment shall be prolonged by a period of maternity leave, another maternity leave, and a period of military service or civil service. At faculties of medicine, pharmacy and veterinary science and at other workplaces of the higher education institution where the condition for employment shall be to complete stages of specialized preparation, the period

of prolonged office shall be set down by the dean. The period may not be more than ten years.

(10) A university teacher may be relieved from teaching duties by the dean or by the rector, in the case the university is not divided into faculties, for a certain period and permitted to be fully engaged exclusively in scientific or artistic work.

(11) The employment of teachers, scientific workers and artistic workers shall be terminated by the end of the academic year in which they attain the age of sixty-five years, unless their employment was terminated according to special rules.⁾ The dean (rector) with the agreement of the academic senate of the faculty (higher education institution) may comply with the teacher's request for prolonging his employment for not more than one year even several times and after attaining this age. The dean (rector) may comply with the request of the professor, associate professor or scientific worker concerning continuation in his scientific work at the higher education institution even after termination of his employment.

Higher Education Institution's and Faculty's Statutes

§ 28

Higher Education Institution's Statute

(1) A higher education institution's statute shall embody, particularly,

a) its orientation,

b) its organizational structure,

c) fields and length of study specified on the proposal of faculties,

d) number of vice-rectors and domains of their activity,

e) scope of a bursar's activity,

f) structure, mode of election, tenure of office and rules of deliberations of the academic senate,

g) structure, tenure of office, and rules of deliberations of the Scientific Council of the Higher Education Institution,

h) the mode of election of a candidate for rector, the mode of adoption of a proposal for his recall and the mode of selection of a candidate for entrusting him with the function of rector by the Minister in accordance with § 10, section 1, letter c), of this Act,

i) a detailed specification of students' rights and duties,

(2) The following shall form a part of a higher education institution's statute

a) its organizational order,

b) its internal order,

c) disciplinary order for students,

d) competition procedure.

(3) The efficacy of a higher education institution's statute, including its amendments and supplements, shall be conditional upon its registration by the Ministry, in which the concordance of their provisions with this Act and other generally binding legal rules, shall be considered. If the Ministry refuses to register the higher education institution's statute, the higher education institution may submit a remedy before the Supreme Court of the Slovak Republic.

§ 29

(1) Details regarding the organization, administration, activity, management and study at the faculty in keeping with the higher education institution's statute, shall be determined by the faculty's statute. A part of the faculty's statute shall be also the order governing studies and examinations and the order of the faculty on selection procedure.

(2) The efficacy of a faculty statute, including its amendments and supplements, shall be conditional upon its registration by the Ministry of Education after its prior approval by the academic senate of the higher education institution in which the agreement of their provisions with the university's statute shall be considered. At the registration of the faculty statute, the agreement of the provisions of the faculty statute and its supplements and amendments with this Act and other generally binding rules, shall be considered. If the Ministry of Education refuses to register the faculty's statute, the faculty may submit a remedy before the Supreme Court of the Slovak Republic.

Administration

§ 30

Military Academies

(1) The military academies and faculties are referred to in the provisions of this Act with the following exceptions:

a) faculties of military academies shall be established, merged, split and dissolved by the decision of the Minister of Defence of the Slovak Republic (hereinafter the "Minister of Defence"),

b) proposals for nomination or recall of rectors from among professors or associate professors of military academies shall be submitted to the President of the Slovak Republic by the Minister of Defence,

c) vice-rectors of military academies shall be nominated and recalled by the Minister of Defence; they shall be nominated from among professors and associate professors,

d) deans and vice-deans of military academies shall be nominated and recalled by the Minister of Defence; they shall be nominated from among professors and associate professors of military academies,

e) finances of the military academies, and their faculties, scientific, pedagogical, development, economic and information units and special-purpose establishments shall be allotted by the Ministry of Defence of the Slovak Republic (hereinafter the "Ministry of Defence"), which shall also check their use,

f) scientific, pedagogical, development, economic and information units and special-purpose establishments of the military academies and their faculties shall be established by the Ministry of Defence,

g) the number and composition of the staff of the military academies and their faculties as well as their study programmes and fields of study shall be subject of approval by the Ministry of Defence,

h) the publication of the results of scientific investigations in accordance with § 2 and the rights of students in accordance with § 26, section 1, letter b), shall be implemented under the rules for the protection of state secret and professional secrecy,

i) the provision of § 27, sections 9 and 11, shall be extended to teachers and scientific workers of military academies which are employed as the soldiers in active civil service in accordance with special regulations^,)

j) after the establishment of the faculty of the military academy the function of the statutory body of the faculty shall be exercised by the person deputized by the Minister of Defence, pending nomination of the dean,

k) after the recall of rector or premature termination of the tenure of rector's office for other reasons (personal or health), the Minister of Defence shall entrust the function of the rector, until nomination of a new rector, to a person from among the academic officials of the military academy or from among the professors and associate professors of the military academy,

l) after the recall of dean or premature termination of the tenure of dean's office for other reasons (personal or health), the Minister of Defence shall entrust upon the rector's proposal the function of the dean, until nomination of a new dean, to a person from among the academic officials of the faculty of military academy or from among the professors and associate professors of the faculty of military academy,

m) rector shall be accountable for his activity to the Ministry of Defence,

n) the head workers of the military academy shall be represented by the deputy rector, bursar and heads of educational, development, economic and information units and special-purpose establishments,

o) the deputy rector shall provide for military training and other tasks connected with military character of the military academy,

p) the standpoints for definition of the required competence of applicants to pursue the fields of study at the military academies and the manner of its verification shall be approved by the Ministry of Defence,

r) the Minister of Defence shall submit proposals for nomination of professors to the President of the Slovak Republic upon the proposal of military academies.

(2) The authority of the Ministry of Education and the Minister in accordance with § 3, section 3; § 15 section 1, letters a) b), c), d), f), g), h), i) j), k), section 2, letter c), § 25 section 1, § 28 section 3, § 29 section 2, § 41, § 43a, sections 3, 4 and § 43d section 2, shall be performed by the Ministry of Defence and the Minister of Defence.

(3) The military academies and military faculties are not referred to by provisions § 10 section 1 letters a), c), d) and section 2, letters b), c).

§ 31

Police Academies

(1) The police academies and their faculties are referred to in the provisions of this Act with the following exceptions:

a) faculties of police academies shall be established, merged, split and dissolved by the decision of the Minister of the Interior of the Slovak Republic (hereinafter the "Minister of the Interior") after a prior statement by the Accreditation Commission; their names and seats shall be laid down in the same manner,

b) proposals on nomination and recall of rectors of police academies shall be submitted to the President of the Slovak Republic by the Minister of the Interior,

c) the Minister of the Interior shall submit proposals for nominating professors on the proposal of police academies to the President of the Slovak Republic,

d) vice-rectors of police academies, deans and vice-deans of their faculties shall be nominated and recalled by the Minister of the Interior on the proposal of the rector,

e) finances of the police academies, their faculties, scientific, pedagogical, development, economic and information units and special-purpose establishments shall be allotted by the Ministry of the Interior of the Slovak Republic (hereinafter the "Ministry of the Interior"), which shall also check up their use,

f) the number and composition of the staff of the police academies and their faculties shall be subject of approval by the Ministry of the Interior,

g) the fields of study and their concentrations shall be subject of approval by the Ministry of the Interior,

the standpoints for definition of the required competence of applicants to study at the police academies shall be subject of approval by the Ministry of the Interior on a proposal by the dean, and at police academies which are not divided into faculties, upon the rector's proposal,

i) the scientific, pedagogical, development, economic and information units and special-purpose establishments of the police academy and its faculties shall be established by the Ministry of the Interior,

j) the publication of the results of scientific investigations in accordance with § 2 and the rights of students in accordance with § 26, section 1, letter b), shall be implemented under the rules for the protection of state secret and professional secrecy,

k) the provision of § 27, sections 9 and 11, is extended to teachers and scientific workers of police academies which are employed as members of the Police Corps, in accordance with special regulations⁾,

l) graduates of police academy shall be awarded their degrees upon completion of examina rigorosa in accordance with § 21 section 2 letter d).

(2) The authority of the Ministry of Education and the Minister in accordance with § 3, section 3; § 15, § 25, section 1, § 28, section 3; § 29, section 2, § 41, § 43a section 3, 4 and § 43d section 2 shall be performed by the Ministry of the Interior and the Minister of the Interior.

§ 32

Faculties of Theology

The faculties of theology are referred to in the provisions of § 2, 3, 4, 10, 13, 15, 17, 18, 26, 27 and 29 accordingly.

§ 33

Academies of Art

The academies of art are referred to in the provisions of § 15, 16, 17, 21, 22 and 27 accordingly.

§ 33a

Non-State Higher Education Institutions

(1) A higher education institution different from a state higher education institution, including an affiliation of a foreign university or an institution similar to it (hereinafter the "non-state higher education institution") may be established and dissolved only by the Act after meeting the conditions defined in sections (2) to (4).

(2) An application for establishment or dissolution of non-higher education institution may be submitted by a natural person or a legal entity. It shall be submitted to the Ministry of Education.

(3) The application for establishment of a non-state higher education institution should include:

a) the manner of financial provision,

b) a proposal for division into faculties, if the higher education institution shall be divided into faculties,

c) a proposed statute, study programme and examination order,

d) a document on scientific and teaching qualifications of teachers, scientific workers and artistic workers who will function at this higher education institution.

(4) The Ministry of Education shall assess the fulfillment of conditions for establishment of a non-state higher education within six months after delivery of the statement by the Accreditation Commission; it shall equally judge an application for dissolution of a non-state higher education institution within six months after its delivery.

(5) In non-state higher education institutions the study shall be provided for reimbursement of costs.

(6) The provisions of the present Act are extended to non-state higher education institutions accordingly. The provisions of § 6, § 15, section 1, letters b), e), f) and section 3, letter b), § 26, section 2, § 30 and 31 are not extended to these institutions.

(7) On the territory of the Slovak Republic, no non-state higher education institutions shall be permitted unless they are established in accordance with this Act.

Common, Interim and Final Provisions

§ 34

1) Decision-making in pursuance to this Act in the matters of Ph.D. study (§ 22a), granting scholarships (§ 26 section 2) and disciplinary measures (§ 26, section 4) are referred to in generally binding rules on administrative procedures.

2) Decision-making in pursuance to this Act in the matters of habilitation procedure and procedure for nomination of professors (§ 27 sections 3 and 4) are referred to in the generally-binding rules on administrative procedure, if not stipulated otherwise.

3) The decision shall be subject of appeal in accordance with section 2 to the body that issued it. The appeal against the decision of the Scientific Council of the Faculty shall be decided by the Scientific Council of the higher education institution, the appeal against the decision of the Scientific Council of the higher education institution shall be decided by the Ministry of Education (hereinafter "the appealing body").

4) The appealing body shall revoke the decision, subject of appeal, if it was made in discrepancy with the act or other generally binding rules and shall return the decision to the body that released it showing the reason; otherwise it shall reject the appeal and confirm the decision.

§ 35

(1) The details on establishment and activity of the Accreditation Commission shall be adjusted by a decree of the Government of the Slovak Republic.

(2) By a generally binding regulation, the Ministry shall specify conditions for

a) granting scholarship and ensuring material security to students,

b) and procedures for nomination of professors and habilitation of associate professors,

c) nostrification and appropriate procedure.

§ 35a

The Ministry of Education shall be authorized to issue a generally binding rule that will set up:

a) the scientific disciplines and fields of art of Ph.D. study, details on admission procedure, course and completion of Ph.D. study and on provision of scholarships to Ph.D. students in full-time form of Ph.D. study,

b) details on examina rigorosa and defences of theses,

c) details on establishment, functioning, management, activity and financial provision of training schools of faculties (higher education institutions) and training institutions of faculties (higher education institutions),

d) details on provision of students in the period of teaching practice or professional practice.

§ 36

(1) Tenure of office of faculty's academic officials according to § 12 through 16 of the Act No. 39/1980 of the Law Code who exercise their function before the operative date of this Act, shall expire on January 31, 1991.

(2) Higher education institutions shall submit their statutes (§ 15, section 1, letter d) for registration to the Minister not later than December 31, 1990.

§ 37

(1) On the proposal of a faculty's or a higher education institution's academic senate, the rector may also advertise a competition for filling in occupied posts in so far as such a procedure shall be justified by the need of ensuring the proper professional or moral standard of the higher education institution. The higher education institution may give notice of discharge to a teacher or scientific worker who either failed in the competition or refused to take part in it.

(2) Until the competition order comes into force according to § 28, section 2, letter d), the manner of competition shall be determined by the rector with the approval of the higher education institution's academic senate. The competition procedure according to section 1, should be initiated not later than February 1, 1991.

§ 37a

(1) A founder of the affiliation of a foreign university or similar educational institution, which is a non-state higher education institution by this Act, but which functions on the territory of the Slovak Republic before the operative date of this Act, shall submit an application for establishing a higher education institution according to § 33a of this Act to the Ministry of Education within thirty days after this Act*) shall take effect. In the case the application shall be rejected, the founder shall be obliged to dissolve the affiliation of a foreign university or a similar educational institution within two months of the rejection's validity.

(2) An establishment that is not a higher education institution by this Act shall not be allowed to use the name which is identical or similar to the name of a university; mainly it ought not to use the name higher education institution or university.

(3) The founder of the institution that is not a higher education institution by this Act, but shall use the title described in the section above before the operative date of this Act, in the case of rejection of the application for establishing a non-state higher education institution by the Ministry of Education, shall change its name within two months since the rejection of application.

(4) The person who shall infringe upon the duties described in sections 1 to 3 shall be penalized by the Ministry of Education up to 10,000,000 Sk. The penalty is due to payment within 30 days from the date that the decision on penalizing shall take effect. The profit collected from the penalties shall be the income of the state budget.

§ 37b

(1) A civil association that is not a university student council by this Act shall not be allowed to use the name identical to "University Student Council". Such a civil association that shall use this name before this Act* ) shall come into force, should change it within two months since that date.

(2) If a civil association infringes upon the duties described in section 1, the Ministry of Education shall penalize it up to 500,000 Sk. The penalty is due to be paid within 30 days from the date that the decision on penalizing shall take effect. The profit collected shall be the income of the state budget.

§ 38

(1) Students who as at the operative date of this Act* ), are at stage of preparing for their state final examinations, and in studies of medicine and veterinary medicine for examina rigorosa, are subject to regulations under § 40 through 43, section 3, § 45, 46, section 3, § 48, section 1 and 3 of the preceding Act.

(2) Postgraduate studies initiated before the present Act* ) shall come into force shall be terminated according to legal prescriptions valid up to now^.)

(3) The procedure of examina rigorosa of students that have started before the operative date of this Act* ) and shall be completed not later than within one year of this date, shall be governed by regulations of § 44, 46 and 47 of the preceding Higher Education Act and by Decree No. 90/1980 of the Government of the CSFR.

§ 39

Any procedure for nominating a professor or an associate professor that had been initiated before the present Act came into force, shall be carried on according to § 27, section 4 of the present Act.

§ 40

The scientific-pedagogical degrees awarded after December 22, 1969 shall be subject to withdrawal according to the provision § 55a, section 1, letter e) of the Higher Education Act No. 19/1966 of the Law Code as amended by the Act No. 163/1969 of the Law Code and prior to January 1, 1990 according to § 3 of the Decree of the Ministry of Education of the CSR No. 111/1980 of the Law Code and § 3 of the Decree of the Ministry of Education of the SSR No.106/1980 of the Law Code on the procedure in nominating professors and associate professors and filling in vacancies of university teachers.

§ 41

The higher education institutions existing as at the operative date of this Act and external educational institutions shall be allowed to organize Ph.D. study in their respective fields of science or art only on the basis of a decision made by the Ministry of Education.

§ 42

Higher education institutions established according to the present rules, shown in the Annex, shall represent the state higher education institutions according to this Act.

§ 43

(1) Academic degrees, professional designations and all other degrees of graduates awarded according to previous regulations, shall remain intact.

(2) Academic degrees according to § 21, section 2, may be also used by the university graduates who completed their study before the operative date of this Act**) and who were not awarded the academic degree, professional designation or any other degree of university graduates according to previous regulations. The higher education institution shall issue a certificate to this effect.

(3) Regulations under section 2 do not apply to graduates of the College of the National Security Corps, of military academies or the Political School of the Central Committee of the Communist Party of Czechoslovakia.

§ 43a

(1) Scientific education of students conducted in the form of internal scientific education, external scientific education, special-purpose scientific education and scientific education of the workers of teaching institutions which started before this Act* ) shall take effect, ought to be completed not later than by December 31, 1998 by virtue of the present regulations); from the operative date of this Act no new entrants to scientific education study courses may be admitted to the above forms of scientific education.

(2) The faculties or higher education institutions, in the case that they are not divided into faculties and external educational institutions, at which the Ph.D. study is accomplished, shall permit the present students of scientific education of all postgraduate training workplaces in the Slovak Republic upon their request to transfer to Ph.D. study in the respective scientific discipline. Upon accomplishing the transfer to Ph.D. study, the participants in the scientific education shall be recognized the examinations already passed.

(3) The faculty or higher education institution, in the case that it is not divided into faculties, at which the scientific education shall be accomplished in the form of postgraduate studies according to the present § 22 and shall apply for the right to introduce Ph.D. study within six months from the operative date of this Act* ), may exceptionally carry on this study until the Ministry of Education decides on vesting or withdrawal of this right in accordance with § 15 section 1, letter h). A faculty or a higher education institution, if it is not divided into faculties, may transfer the present postgraduate students to Ph.D. study.

(4) The external educational institution that is authorized to carry on scientific education of students according to the present rules and shall apply for the right to introduce Ph.D. study within six months from the operative date of this Act* ), may exceptionally carry on this study until the decision of the Ministry of Education on acknowledgement or withdrawal of this right in accordance with § 15 section 1, letter h).

§ 43 b

(1) The graduates of scientific education who prior to the operative date of this Act* ) were awarded the scientific degree of Candidate of Sciences, or who were awarded the academic-scientific degree of doctor according to previous regulations,⁾ shall be also authorized to use the scientific-academic degree in accordance with § 22a section 8. This shall be certified by the higher education institution upon their own request.

(2) The graduates of postgraduate study of art who received a diploma of scientific education of art according to previous regulations,⁾ may be awarded artistic-academic degrees in accordance with § 22a, section 8, by the higher education institution.

(3) The graduates of higher education institutions who completed study in the fields of architecture and town-planning before the operative date of this Act* ) and were not awarded the academic degree of "Engineer-Architect" (abbr. "Ing.arch.") shall be entitled to use this degree; on their own request the higher education institution shall supply them with a certificate concerning it.

(4) The graduates of higher education institutions who completed study in artistic fields of study before the operative date of this Act* ) and were not awarded the academic degree of "Magister of Art" (abbr. "Mgr.") shall be entitled to use this degree; on their own request the higher education institution shall supply them with a certificate concerning it.

ERRATUM ERRATUM