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RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of June 8, 2007 No. 37

About approval of Rules of professional ethics of persons performing activities for rendering legal services

(as amended on 22-01-2016)

Based on 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:

1. Approve the enclosed Rules of professional ethics of persons performing activities for rendering legal services.

2. Declare invalid the resolution of the Ministry of Justice of the Republic of Belarus of April 19, 2000 No. 6 "About approval of Rules of professional ethics of persons performing activities for rendering legal services" (The national register of legal acts of the Republic of Belarus, 2000, No. 48, 8/3401).

Minister

V. G. Golovanov

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of June 8, 2007 No. 37

Rules of professional ethics of persons performing activities for rendering legal services

Chapter 1. General provisions

1. These rules determine rules of professional ethics of the individual entrepreneurs rendering legal services based on special permission (license) for implementation of activities for rendering legal services (as constituting the licensed activities of services), and employees of the organizations rendering legal services based on special permission (license) for implementation of activities for rendering legal services (as constituting the licensed activities of services) (further - lawyers), when implementing of activities for rendering legal services by them.

2. These rules are accepted for the purpose of:

strengthenings of the legal basis of activities for rendering legal services;

increases in responsibility of persons performing activities for rendering legal services;

ensuring improvement of quality of rendering legal services;

ensuring compliance with the principle of morality in the field of rendering legal services.

3.  No. 11 is excluded according to the Resolution of the Ministry of Justice of the Republic of Belarus of 22.01.2016

4. The lawyer shall:

observe the current legislation;

be guided by generally accepted standards of morality, care for prestige of profession and increase in its public status;

show respect for authorized representatives of the state bodies and other organizations including exercising control of activities for rendering legal services, be punctual, correct, responsible.

5. In cases when questions of professional ethics of the lawyer are not settled by the legislation on implementation of activities for rendering legal services or these rules, the lawyer shall observe the developed customs and traditions corresponding to the general principles of morality in society.

If the lawyer is not confident in how to be effective in difficult ethical situation, he has the right to address to the public association created on occupation characteristics which member he is for the purpose of receipt of explanations concerning the possible directions of actions.

6. In case of impossibility of independent permission of difficult ethical situation the lawyer can address for the corresponding explanation in the Ministry of Justice of the Republic of Belarus.

Chapter 2. Lawyer's relations with the customer

7. The lawyer shall:

provide rendering legal services to the customer according to requirements of the legislation of the Republic of Belarus and agreement obligations of rendering legal services;

observe the principle of rationality in case of cost determination of the rendered legal services;

be effective so that it promoted maintenance of advantage of profession, to abstain from acts which could discredit the lawyer's profession;

prepare documents with respect for official style of the literary language and terms of law;

carefully and competently to carry out orders of the customer in that measure in what they conform to requirements of honesty, objectivity and the legislation of the Republic of Belarus;

act for the benefit of the customer according to these rules and other regulatory legal acts;

use legal means, methods and methods of rendering legal services.

8. In case of execution of the order the lawyer in the actions proceeds from presumption of reliability of documents and information provided by the customer.

9. The lawyer has no right to accept the order of the customer on conducting case in court if on this case it renders or earlier rendered legal services to persons whose interests contradict legitimate interests of the customer.

10. The lawyer shall not render legal services in cases if:

it is suspended or stopped special permission (license) for implementation of activities for rendering legal services based on which legal services were rendered;

there are other bases established by the legislation of the Republic of Belarus, excluding possibility of rendering legal services.

11. In case of conflict of interest with the consent of parties of the conflict the lawyer can promote their conciliation.

12. If after the conclusion of the contract for rendering legal services circumstances under which the lawyer had no right to accept the order come to light, the lawyer shall terminate the agreement or report to the employer about these circumstances. Making the decision on impossibility of accomplishment of the order and agreement cancelation, the lawyer shall inform whenever possible beforehand of it the customer that the last could address other lawyer.

13. The lawyer has the right to refuse rendering legal services if the customer does not fulfill properly the agreement obligations on rendering legal services.

14. The lawyer has the right to talk to the party of dispute which is represented by other lawyer, only from consent or in the presence of the customer.

15. The lawyer shall not try any means to limit liberty of choice to the customer of opportunities for receipt of consultations from other persons.

16. The lawyer has no right to discuss justification of the reward earned by other lawyers with the customer.

17.  No. 11 is excluded according to the Resolution of the Ministry of Justice of the Republic of Belarus of 22.01.2016

18. The dispute between the customer and the lawyer in connection with violation of these rules is considered in the procedure established by the legislation of the Republic of Belarus or can be submitted reference (arbitral) tribunal.

Chapter 3. Relations between lawyers

19. Relations of lawyers shall be under construction on the interaction directed to high-quality rendering legal services, implementation of exchange of progressive methods, forms and work experience for the purpose of increase in their professional level and also on the basis of mutual respect and observance of professional privileges.

20. The relations between lawyers shall not influence protection of interests of the parties which are involved in trial of case.

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