RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of September 30, 2021 No. 184

About change of resolutions of the Ministry of Justice of the Republic of Belarus

Based on Item paragraph two 3, Item paragraph two 4, Item paragraph two 7, Item 8 of the Regulations on state registration Belarusian republican and territorial (Minsk city, regional) Bars, paragraph two of item 4 of the Regulations on liquidation territorial (Minsk city, regional) the Bars approved by the Presidential decree of the Republic of Belarus of June 14, 2012 No. 265, of part 2 of article 3.29 of the Procedural and executive code of the Republic of Belarus about administrative offenses, Item 7 of Article 9, of Item 3 of Article 11, of Item 6 of Article 14, of part two of Item 6 of Article 29, of the paragraph of the ninth Item 1 of article 38 of the Law of the Republic of Belarus of December 30, 2011 No. 334-Z "About legal profession and lawyer activities in the Republic of Belarus", paragraph two of part two of article 16 of the Law of the Republic of Belarus of June 30, 2014 No. 165-Z "About measures for prevention of legalization of the income received in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction", Item 1 of the resolution of Council of Ministers of the Republic of Belarus of October 2, 2017 No. 738 "About delegation to the Ministry of Justice of powers on acceptance of regulatory legal act", paragraphs of the ninth, tenth subitem 6. 21, paragraph of the fifth subitem 6. 30, paragraph one of subitem 6.35 of Item 6, DECIDES: parts one of Item 11 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus

1. Make changes to the following resolutions of the Ministry of Justice of the Republic of Belarus:

1.1. in the resolution of the Ministry of Justice of the Republic of Belarus of November 30, 2010 No. 105 "About implementation of lawyer activities and rendering legal services":

in the Regulations on the Qualification commission on questions of lawyer activities in the Republic of Belarus approved by this resolution:

in item 4:

to state the paragraph of the sixth in the following edition:

"carries out the next and extraordinary certifications of the lawyer or charges carrying out the next certification of the lawyer of territorial Bar;";

from the paragraph of the seventh word "lawyer bureaus," to exclude;

in paragraph eight:

exclude the words "Republic of Belarus" and "sistematicheskoye";

add the paragraph with words ", the charter of Bar";

add Item 8 with part of the following content:

"Presence at meeting of the Qualification commission of persons which are not members of this commission, except for the specialist in ensuring technical support of the program of computer testing and persons specified in part one of Item 11 of this provision is not allowed.";

third of Item 11 to add part with the words "or to the last known postal address";

in the Instruction about procedure for holding qualification examination approved by this resolution:

to add Item 2 after the word "applicant" with the words "no later than six months from the date of the end of training";

in part two of Item 5 of the word "web portal" shall be replaced with words "the official Internet portal";

state Item 8 in the following edition:

"8. At qualification examination, except members of the Qualification commission and applicants, there is specialist in ensuring technical support of the program of computer testing.

Strangers have no right to be present at qualification examination.";

to exclude from Item 9 of the word "within a month from the date of decision making about the admission of the applicant to passing qualification examination";

in Item 10:

add part one with words "if other is not provided by the Law of the Republic of Belarus "About legal profession and lawyer activities in the Republic of Belarus";

third after the words "additional questions on" to add part with words "to legal acts concerning activities of legal profession and";

to add Item 15 after part one with part of the following content:

"In case of lack of technical capability to removal of results of computer testing for paper if at the same time the applicant in the terms established by part one of Item 14 of this Instruction completes computer testing and the number of the correct answers given them it is reflected in the program of computer testing, this quantity is specified in the decision of the commission on compliance or discrepancy of the applicant to licensed requirements and conditions.";

to state part one of Item 16 in the following edition:

"16. Applicants are allowed to oral form of examination:

the gathered at least 14 points by results of computer testing;

the Republic of Belarus specified in part two of Item 1 of article 9 of the Law "About legal profession and lawyer activities in the Republic of Belarus".";

in Item 19:

the second after the word "testings" to add part with words "(in case of its carrying out)";

to exclude from part three of the word "are applied to the decision of the Qualification commission and";

state Item 21 in the following edition:

"21. To the applicant on whom the decision on discrepancy to licensed requirements and conditions is made the documents submitted for the admission to passing qualification examination return. At the same time it is allowed to the next passing qualification examination not earlier than in six months.";

1.2. in the resolution of the Ministry of Justice of the Republic of Belarus of February 1, 2012 No. 29 "About approval of the Regulations on the manager of legal advice bureau and recognition voided resolutions of the Ministry of Justice of the Republic of Belarus of October 26, 2005 No. 55 and separate structural element of the resolution of the Ministry of Justice of the Republic of Belarus of December 6, 2011 No. 278":

state the name in the following edition:

"About approval of the Regulations on the manager of legal advice bureau";

to state preamble and Item 1 in the following edition:

"Based on part two of Item 6 of article 29 of the Law of the Republic of Belarus of December 30, 2011 "About legal profession and lawyer activities in the Republic of Belarus" and parts one of Item 11 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus DECIDES: No. 334-Z

1. Approve Regulations on the manager of legal advice bureau it (is applied).";

in Regulations on the manager of legal advice bureau approved by this resolution:

to exclude from Item 2 of the word "about legal profession";

in Item 3:

to exclude from paragraph one of the word "Republic of Belarus";

to state the paragraph of the seventh of subitem 3.1 in the following edition:

"provides placement in legal advice bureau of the reference stand and information availability according to the requirements provided in Item 3-1 of this provision and also is responsible for timely updating of this information;";

add the Provision with Item 3-1 of the following content:

"3-1. The manager provides placement in legal advice bureau in available to acquaintance of persons needing legal aid, the place of the reference stand containing the following information:

information about the manager, the lawyers, other persons providing activities of legal advice bureau (surname, own name, middle name (if that is available), numbers of offices and phones, information on number of special permission (license) for implementation of lawyer activities, decision date on its issue;

about operating mode of legal advice bureau, duty roster of lawyers;

about the state bodies performing powers in the field of lawyer activities and also control of compliance with law by lawyers (the name and the location of the Ministry of Justice);

about higher bodies of lawyer self-government (full name, the location);

about implementation of acceptance of separate categories of citizens (in particular, disabled people and participants of the Great Patriotic War, disabled people of fighting in the territory of other states) in first-priority procedure;

about reception of citizens on private matters the manager (days, acceptance time, number of office, phone number of preliminary making an appointment);

about availability of the book of notes and offers (the location, surname, own name, middle name (if that is available), number of office phone of person responsible for ledger maintenance of notes and offers);

about types of the legal aid including rendered at the expense of means of Bars, republican and (or) local budgets with extraction from the Law of the Republic of Belarus "About legal profession and lawyer activities in the Republic of Belarus".

Information at the reference stand shall be presented by thematic blocks in the systematized form convenient for reading and understanding of citizens. If at the reference stand in legal advice bureau there is not enough place for placement of all information specified in part one of this Item it is created in the information folder with files and is placed on rack (table) in the foyer (lobby) of legal advice bureau in the place, available to acquaintance of citizens.";

in item 4:

to exclude from paragraph two of the word "about legal profession in the Republic of Belarus";

from the paragraph of the fifth word", approved by the resolution of the Ministry of Justice of the Republic of Belarus" to exclude;

exclude Item 5;

1.3. in the resolution of the Ministry of Justice of the Republic of Belarus of February 1, 2012 No. 30 "About approval of the Instruction about procedure for certification of the lawyer and recognition No. 12 which voided resolutions of the Ministry of Justice of the Republic of Belarus of April 7, 2004":

to exclude from the name of the word "and recognition No. 12 which voided resolutions of the Ministry of Justice of the Republic of Belarus of April 7, 2004";

in preamble of the word "years" and "and Item" to replace respectively with the words "No. 334-Z" and "and Item parts one";

state Item 1 in the following edition:

"1. Approve the Instruction about procedure for certification of the lawyer it (is applied).";

in the Instruction about procedure for certification of the lawyer approved by this resolution:

in Item 1:

part one after the word" (further" to add with words "if other is not established,";

the second to exclude part;

in Item 3:

"lawyer" to add part one after the word with words ", the manager of legal advice bureau";

the first offer of part two to state in the following edition:

"The questionnaire on receipt of the certificate of the lawyer in form according to appendix 1 is enclosed to the application for certification.";

in item 4:

after words of "statements of lawyers" to add Item with words ", managers of legal advice bureaus";

"Republican" shall be replaced with words the word "Belarusian republican";

"lawyer" to exclude the word;

state Item 5 in the following edition:

"5. Forms of certificates are forms of documents with certain degree of protection and are made based on orders of the Belarusian republican Bar by the organization having the corresponding special permission (license) according to certificate form according to appendix 2 and the description of the certificate according to appendix 3.

The procedure for use, accounting, storage, return and destruction of forms of certificates is established according to the resolution of Council of Ministers of the Republic of Belarus of December 22, 2001 No. 1846 "About some questions of production and use of forms of securities and documents with certain degree of protection, and also documents with certain degree of protection".";

state Item 8 in the following edition:

"8. The lawyer managing legal advice bureau chairmen (their deputies) Belarusian republican, territorial Bars file petition for issue of the new certificate in case of change of the data specified in the certificate, in a month from the date of state registration of the changes brought in the charter of territorial Bar, issue of the document confirming change of surname, own name, middle name (if that is available), entry into force of the decision of the licensing body or the introduction in legal force of the judgment, other competent authority which is the basis for modification as a witness.";

the first offer of Item 9 to state in the following edition:

"9. Within five working days after the notification of the lawyer managing legal advice bureau of the chairman (his deputy) of territorial Bar about exception of members of territorial Bar the certificate is subject to return by the lawyer managing legal advice bureau in the relevant territorial Bar, the chairman (his deputy) of territorial Bar - in the Belarusian republican Bar.";

in Item 10:

state part one in the following edition:

"10. In case of loss (plunder), unfitness (damage) of the certificate the lawyer managing legal advice bureau reports about it in the relevant territorial Bar, the chairman (his deputy) of territorial Bar - in the Belarusian republican Bar with representation of written explanation and the statement for issue of the new certificate.";

the second after words to "chairman" and "issue" to add part respectively with words "territorial" and "new";

in appendix 1 to this Instruction:

shall be replaced with words the words "position in lawyer education (the manager of legal advice bureau, the managing partner), the name of organizational form (legal advice bureau, lawyer bureau or the lawyer performing lawyer activities individually), the name" "the manager of legal advice bureau, the name of legal advice bureau and";

the words "position in" shall be replaced with words "head of";

"*" to this appendix of the word "font size 15, is filled with the Times New Roman font," to exclude from the interlinear note;

in appendix 2 to this Instruction:

shall be replaced with words the words "position in lawyer education, the name of organizational form of implementation of lawyer activities" "the manager of legal advice bureau, the name of legal advice bureau";

the words "position in" shall be replaced with words "head of";

1.4. in the Instruction about procedure for carrying out the certification of lawyers approved by the resolution of the Ministry of Justice of the Republic of Belarus of February 2, 2012 No. 34:

in Item 1 shall be replaced with words the word "certifications" "the next and extraordinary certification (further, unless otherwise specified, - certification)";

exclude Item 3;

to state part one of item 4 in the following edition:

"4. The next certification of lawyers is carried out by the Qualification commission on questions of lawyer activities in the Republic of Belarus (further - the Qualification commission) operating according to Regulations on the Qualification commission on the questions of lawyer activities in the Republic of Belarus approved by the resolution of the Ministry of Justice of the Republic of Belarus of November 30, 2010 No. 105, or at the request of the Qualification commission territorial Bar.";

in Item 5:

state part one in the following edition:

"5. The basis for carrying out the next certification is the decision of the Qualification commission which the schedule of carrying out the next certification affirms.";

after part one to add Item with part of the following content:

"Expectant mothers are exempted from passing of certification.";

the second to state part in the following edition:

"Lawyers whose lawyer activities by the time of certification are in accordance with the established procedure suspended undergo certification not earlier than in six months after renewal of lawyer activities, and the lawyers who are not performing lawyer activities in view of reasonable excuses (temporary disability and others), - after falling away of the reasons which were the basis for non-realization of lawyer activities what they notify territorial Bar on.";

third after the word "carrying out" to add part with the word "next";

in Item 12:

from word part four"," to exclude the managing partner of lawyer bureau, the lawyer performing activities individually;

from word part five", performing activities in legal advice bureaus," to exclude;

the sixth to exclude part;

in part seven of the word "fourth or sixth" shall be replaced with words "fourth and fifth";

state Item 15 in the following edition:

"15. And another) the certified lawyer shall notify territorial Bar which member he is, or the Qualification commission not later than one day before date of certification on impossibility to arrive to meeting of the Qualification commission on reasonable excuse (temporary disability.

In case of absence of the invited certified lawyer on meeting of the Qualification commission on reasonable excuse certification can be carried out in other day. Information on the place, date and time of carrying out certification is brought to the attention of the certified lawyer according to the procedure, determined in part three of Item 8 of this Instruction.

In case of absence of the invited certified lawyer on meeting of the Qualification commission without valid excuse two and more times by the Qualification commission are made the decision specified in paragraph four of Item 13 of this Instruction.";

in Item 16 to replace figure "3" with figure "5";

in Items 18, 21-23, paragraphs one of Item 24, Items 29, shall be replaced with words the 31 and 33 word "certifications" "the next certification";

state Item 27 in the following edition:

"27. And another) the certified lawyer shall notify territorial Bar which member he is on impossibility to arrive to meeting of certifying commission on reasonable excuse (temporary disability, not later than one day before date of the next certification.

In case of absence of the invited certified lawyer on meeting of certifying commission on reasonable excuse the next certification can be carried out in other day. Information on the place, date and time of carrying out the next certification by territorial Bar is brought to the attention of the certified lawyer not later than 10 working days about day of its carrying out.

In case of absence of the invited certified lawyer on meeting of certifying commission without valid excuse two and more times are made by certifying commission the decision specified in paragraph four of Item 24 of this Instruction.";

1.5. in the resolution of the Ministry of Justice of the Republic of Belarus of February 3, 2012 No. 37 "About approval of the Instruction about procedure for issue, accounting and storage of orders":

in word preamble "article 38 of the Law of the Republic of Belarus of December 30, 2011 "About legal profession and lawyer activities in the Republic of Belarus and" shall be replaced with words "the paragraph of the ninth subitem 6.21 of Item 6 and part one";

state Item 1 in the following edition:

"1. Approve the Instruction about procedure for issue, accounting and storage of orders it (is applied).";

in the Instruction about procedure for the issue, accounting and storage of orders approved by this resolution:

state Items 1 and 2 in the following edition:

"1. This Instruction determines procedure for issue of orders by form according to appendix 1, of their accounting and storage.

2. The order is the document which the lawyer shall have for accomplishment of personal errands on rendering legal aid.";

in Item 3 of the word "lawyer educations" shall be replaced with words "legal advice bureaus";

in item 4:

to exclude from paragraph two of the word "or lawyer bureau";

third to state the paragraph in the following edition:

"rendering legal aid without the conclusion of the agreement in cases, the stipulated in Article 28 Laws of the Republic of Belarus of December 30, 2011 No. 334-Z "About legal profession and lawyer activities in the Republic of Belarus";";

in Item 5:

the third and fourth subitem 5.2 of part one after the word of "defendant" to add paragraphs with words ", the lawyer of the witness";

the second to exclude part;

add the Instruction with Item of 51 following contents:

"51. When rendering the legal aid provided by subitem 5. 1, paragraphs the second or fifth subitem 5. 3, paragraphs the second or sixth subitem 5.4 of Item 5 of this Instruction, the order is issued in the absence of the power of attorney from the client (the other person who is acting for the benefit of the client).";

from Item 6 of the word "or managing partners of lawyer bureaus", "to this Instruction" and ", lawyer bureau, the lawyer performing lawyer activities individually" to exclude;

in Item 7 of the word of "lawyer education" shall be replaced with words "legal advice bureau";

in Item 8 of the word "lawyer education" shall be replaced with words "legal advice bureau";

from part one of Item 9 of the word", the managing partners of lawyer bureau, lawyers performing lawyer activities individually" to exclude;

state Item 10 in the following edition:

"10. The received forms of orders in legal advice bureaus are stitched in order books, stitched, and the ends of proshivochny threads are stuck with paper, and on it numbers of orders in the order book then are fastened with the signature of the manager of legal advice bureau and seal (stamp) of legal advice bureau are specified.";

in Item 12 of the word "lawyer educations" shall be replaced with words "legal advice bureaus";

in Item 13 of the word "years" about notariate and notarial activities" (National register of legal acts of the Republic of Belarus, 2004, No. 120, 2/1055; National legal Internet portal of the Republic of Belarus, 14.01. 2/2353)" shall be replaced with words 2016, "No. 305-Z "About notariate and notarial activities";

from part one of Item 14 of the word", the managing partner of lawyer bureau, the lawyer performing lawyer activities individually" to exclude;

to exclude from Item 15 of the word "or managing partner of lawyer bureau";

in Item 16 of the word of "lawyer education" shall be replaced with words "legal advice bureau";

to exclude from Item 17 of the word "or managing partner of lawyer bureau";

in Item 18 of the word", the managing partner of lawyer bureau, the lawyer performing lawyer activities individually shall provide" to replace with the word "provides";

in part one of Item 19 of the word "lawyer educations" shall be replaced with words "legal advice bureaus";

in Item 20:

"lawyer educations" shall be replaced with words words "legal advice bureaus";

after the word "established" to add Item with the words "according to";

from Item 21 of the word", the managing partner of lawyer bureau" to exclude;

in Item 22 part one:

state paragraph two in the following edition:

"in the column "territorial Bar" - full name of territorial Bar. The name and the address of legal advice bureau are specified by putting down of stamp of legal advice bureau in case of issue to lawyers of order books according to Item 6 of this Instruction;";

the paragraph the fourth after the word of "means" to add with the word of "territorial";

in appendix 1 to this Instruction:

words", lawyer bureau, surname and initials, the address of the place of implementation of lawyer activities of the lawyer performing lawyer activities individually" to exclude;

after the word "AGREEMENT" to add with words "(registration card)";

1.6. No. 140 "About the list of standard documents of National Archive Fund of the Republic of Belarus" to exclude Items 75 and 751 of appendix 1 to the resolution of the Ministry of Justice of the Republic of Belarus of May 24, 2012;

1.7. in the resolution of the Ministry of Justice of the Republic of Belarus of June 30, 2012 No. 188 "About some measures for implementation of the Presidential decree of the Republic of Belarus of June 14, 2012 No. 265":

"some measures on" to exclude from the name of the word;

state preamble in the following edition:

"Based on Item paragraph two 3, of Item paragraph two 4, of Item paragraph two 7, of Item 8 of the Regulations on state registration Belarusian republican and territorial (Minsk city, regional) Bars, paragraph two of item 4 of the Regulations on liquidation territorial (Minsk city, regional) the Bars approved by the Presidential decree of the Republic of Belarus of June 14, 2012 No. 265, of the paragraph of the tenth subitem 6.21 of Item 6 and part one of Item 11 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus DECIDES:";

in Item 1:

to exclude paragraphs of the fourth and sixth;

in paragraph five of the word "and (or) the additions made" to replace with the word", brought";

from paragraphs of the seventh, ninth and tenth word", lawyer bureau" to exclude;

to exclude from the paragraph of the eighth word of "the location of lawyer bureau";

in appendices 1 and 2 to this resolution:

"(passport)" to exclude the word;

after the word "Series" to add with words "(in the presence)";

the words "Name of State Body" shall be replaced with words "The name (code) of state body";

in appendix 4 to this resolution:

exclude the words "and (or) amendments" and "and (or) amendments";

"brought" to replace the word with the word of "brought";

"(passport)" to exclude the word;

after the word "Series" to add with words "(in the presence)";

the words "Name of State Body" shall be replaced with words "The name (code) of state body";

replace the word "brought" with the word "brought";

in appendix 6 to this resolution:

words", lawyer bureau" to exclude;

in interlinear notes "*", "**" to this appendix of the word" (in the presence), the name of state body" shall be replaced with words ", the name (code) of state body";

in appendix 7 to this resolution:

words", locations of lawyer bureau" and ", lawyer bureau" to exclude;

"Item 10 of the Regulations on state registration Republican and territorial (Minsk city, regional) Bars" shall be replaced with words words "Item 8 of the Regulations on state registration Belarusian republican and territorial (Minsk city, regional) Bars, No. approved by the Presidential decree of the Republic of Belarus of June 14, 2012 265,";

in appendix 8 to this resolution:

words" (lawyer bureau)", ", lawyer bureau", "(advakatskaga of bureau)" and "," to exclude advakatskag of bureau;

the word is "registered" to be replaced with the word registered";

1.8. from Item 2 of notes to appendix to the Regulations on the Book of honor of the Ministry of Justice of the Republic of Belarus approved by the resolution of the Ministry of Justice of the Republic of Belarus of August 7, 2014 No. 173, of the word", lawyer bureau or individually" to exclude;

1.9. in the resolution of the Ministry of Justice of the Republic of Belarus of October 4, 2016 No. 183 "About the internal control exercised by the organizations rendering realtor services, the organizations and the individual entrepreneurs rendering legal services, lawyers and lawyer bureaus":

from the name and Item 1 of the word "and lawyer bureaus" to exclude;

in the Instruction about requirements to rules of the internal control exercised by the organizations rendering realtor services, the organizations and the individual entrepreneurs rendering legal services, lawyers and lawyer bureaus approved by this resolution:

to exclude from the name of the word "and lawyer bureaus";

from the paragraph of third Item 1 of the word "and lawyer bureaus" and "," to exclude lawyer bureaus;

from Item 2 of the word", lawyer bureaus" to exclude;

to exclude paragraphs of the sixth and seventh of item 4;

from part seven and paragraph one of part eight of Item 20 of the word"," to exclude lawyer bureaus;

1.10. to exclude from Item 213 of the Instruction on enforcement proceeding approved by the resolution of the Ministry of Justice of the Republic of Belarus of April 7, 2017 No. 67, of the word of "the lawyers performing lawyer activities individually";

1.11. "About procedure for calculation of length of service in the specialty job seekers of special permissions (licenses) for the right of implementation of lawyer activities" to state subitem 1.5 of Item 1 of the resolution of the Ministry of Justice of the Republic of Belarus of December 18, 2018 to No. 219 in the following edition:

"1.5. length of service on legal specialty is confirmed by the documents containing data on the periods and kind of work (in case of implementation of labor activity), services, activities, training;";

1.12. 1, of subitem 2.1.1 of Item 2 of the resolution of the Ministry of Justice of the Republic of Belarus of February 19, 2021 "About granting of power" the words "and lawyer bureaus" to exclude No. 31 from subitem 1.1.1 of Item.

2. Determine that the forms of orders made in the form established in appendix 1 to the Instruction about procedure for the issue, accounting and storage of orders approved by the resolution of the Ministry of Justice of the Republic of Belarus of February 3, 2012 No. 37, before entry into force of this resolution are applied before their complete use.

3. Recognize invalid:

the resolution of the Ministry of Justice of the Republic of Belarus of July 1, 2003 No. 17 "About approval of the Instruction for assistance to citizens of the Republic of Belarus in questions of execution of international treaties of the Republic of Belarus of legal assistance";

the resolution of the Ministry of Justice of the Republic of Belarus of March 5, 2009 No. 21 "About information on questions of rendering legal aid";

the resolution of the Ministry of Justice of the Republic of Belarus of February 2, 2012 No. 32 "About issue of registration certificates of the lawyers performing lawyer activities individually";

subitem 1.2 of Item 1 of the resolution of the Ministry of Justice of the Republic of Belarus of January 22, 2016 No. 11 "About modification and amendments in some resolutions of the Ministry of Justice of the Republic of Belarus, recognition No. 76 which voided resolutions of the Ministry of Justice of the Republic of Belarus of November 29, 2006";

subitem 1.3 of Item 1 of the resolution of the Ministry of Justice of the Republic of Belarus of February 28, 2020 No. 34 "About change of resolutions of the Ministry of Justice of the Republic of Belarus".

4. This resolution becomes effective since November 30, 2021.

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