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RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of December 16, 2022 No. 150

About procedure for holding qualification examination

Based on part three of Item 3 of article 33 of the Law of the Republic of Belarus of October 14, 2022 No. 213-Z "About licensing", Item 7 of article 9 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 the Instruction about procedure for holding qualification examination it (is applied).

2. This resolution becomes effective since January 1, 2023.

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of December 16, 2022 No. 150

The instruction about procedure for holding qualification examination

1. This Instruction determines procedure for carrying out by the Qualification commission on questions of lawyer activities in the Republic of Belarus created under the Ministry of Justice (further, unless otherwise specified, – the Qualification commission), qualification examination for the citizens of the Republic of Belarus intending to become lawyers (further – applicants).

2. For the admission to passing qualification examination the applicant no later than six months from the date of the end of training submits to the Qualification commission the application for the admission to passing qualification examination (further, unless otherwise specified, – the statement) in form according to appendix to which the documents provided by part one of item 4 of article 9 of the Law of the Republic of Belarus "About legal profession and lawyer activities in the Republic of Belarus" are attached.

3. After filing of application within a month by the Qualification commission performs the applicant for compliance to requirements, by the established Law of the Republic of Belarus "About legal profession and lawyer activities in the Republic of Belarus".

4. By results of check by the Qualification commission the motivated decision on the admission or on refusal in the admission to passing qualification examination is made.

The applicant on whom the Qualification commission makes the motivated decision on the admission to passing qualification examination within five working days from the date of adoption of such decision is informed on the phone number specified by it in the statement on date, time and the venue of qualification examination.

About the motivated decision on refusal made by the Qualification commission in the admission to passing qualification examination to the applicant in writing it is reported in time, specified in part two of this Item.

Before date of qualification examination the applicant allowed to passing qualification examination submits the application for provision of the license for implementation of lawyer activities to the Qualification commission.

5. In case of impossibility of appearance on qualification examination in due time the applicant notifies on it the Qualification commission not later than two working days before date of qualification examination in writing or by e-mail. In the specified case the applicant is informed on other date, time and the venue of qualification examination according to the procedure established in part two of item 4 of this Instruction.

6. The applicant is allowed to qualification examination in case of presentation of the passport (ID card) of the citizen of the Republic of Belarus.

The applicant who does not have in case of himself the passport (ID card) of the citizen of the Republic of Belarus or late for qualification examination is considered not been on qualification examination.

7. 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.

8. The qualification examination is held under the constitutional, penal, civil, housing legislation, the legislation on scrap and family, about work, about administrative offenses, to the criminal procedure legislation, the civil procedural legislation, the economic procedural legislation, the legislation determining procedure for administrative process, to legal acts concerning activities of legal profession and to Rules of professional ethics of the lawyer.

9. The qualification examination consists of examination of applicants in written and oral forms if other is not stipulated in Article 9 Laws of the Republic of Belarus "About legal profession and lawyer activities in the Republic of Belarus".

The written form of qualification examination represents computer testing which consists of making answers to 20 questions. In exceptional cases in the absence of technical capability of conducting computer testing according to the decision of the chairman of the Qualification commission written testing on the conditions provided by this Instruction for computer testing can be held.

The oral form of qualification examination represents the oral answer to the examination card which includes one question according to the program of qualification examination. Additional questions can be asked the applicant about legal acts concerning activities of legal profession and to Rules of professional ethics of the lawyer.

10. Questions of computer testing and possible answers on them are developed by members of the Qualification commission based on the program of qualification examination.

11. Examination cards affirm the chairman of the Qualification commission, and in case of its absence – the vice-chairman of the Qualification commission.

12. Before computer testing the chairman or the secretary of the Qualification commission explains to applicants procedure for holding qualification examination.

13. On putting down of answers to questions of computer testing 30 minutes are allotted to applicants.

When holding qualification examination applicants are forbidden to use regulatory legal acts, reference and special books, means of communication, to conduct negotiations with other applicants. The applicants who violated requirements of this part leave from the hall of meeting of the Qualification commission and are considered not passed qualification examination.