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The document ceased to be valid since March 1, 2016 according to Item 2 of the Resolution of the Ministry of Justice of the Republic of Belarus of January 22, 2016 No. 12

RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of August 4, 2008 No. 46

About some questions of the organization of activities for rendering legal services

(as amended of the Resolution of the Ministry of Justice of the Republic of Belarus of 01.12.2010 No. 109)

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 implementation of activities for rendering legal services.

2. This resolution becomes effective in ten days after its official publication.

 

Minister V. G. Golovanov

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of August 4, 2008 No. 46

Rules of implementation of activities for rendering legal services

Chapter 1. General provisions

1. These rules are based on provisions of the Presidential decree of the Republic of Belarus of September 1, 2010 No. 450 "About licensing of separate types of activity" (The national register of legal acts of the Republic of Belarus, 2010, No. 212, 1/11914), and govern the relations arising in connection with implementation of activities for rendering legal services with indication of constituting licensed service type of activity - legal services (further - legal services).

2. These rules are accepted for the purpose of:

protection of the rights and legitimate interests of customers of legal services;

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

improvement of quality of the rendered legal services;

ensuring growth of professional skill of specialists in legal activities.

3. Heads of the organizations rendering legal services shall provide knowledge and observance of Rules by all workers.

4. In these rules the following basic concepts and their determinations are applied:

the licensee - the commercial organization, the individual entrepreneur rendering legal services based on special permission (license);

the certified lawyer - the person having the certificate on certification of the lawyer and rendering legal services as the individual entrepreneur or working at the basis of the employment contract in the organization and (or) at the individual entrepreneur, being licensees;

the customer of legal services - legal entity or physical person which has intention to address for rendering legal services or to which the licensee renders legal services (further - the consumer).

5. For the purpose of possibility of acquaintance of customers with these rules their text, and also originals or copies of the certificate on state registration of the licensee, license for activities on rendering legal services with indication of constituting licensed service type of activity - legal services (further - the license), certificates on certification of lawyers, the document containing payment procedure of legal services shall be in the commercial organization which is the licensee in convenient for review and the place, available to customers.

Chapter 2. Requirements to the licensee

6. For implementation of activities for rendering legal services the licensee shall have:

license;

staff of workers, including the head of the organization and his deputies (except for technical and support personnel), with legal education, at least 2 of which have certificates on certification of the lawyer. At the same time the workers having certificates on certification of the lawyer shall be citizens of the Republic of Belarus and work at the licensee for at least 2 workers having such certificates shall be principle place of employment;

the document establishing rates for the rendered services determined according to the legislation;

agreements on the rendering these services and (or) other documents confirming the fact of rendering paid services according to the legislation;

register of data on financial transactions;

rules of internal control;

register of special forms;

book of notes and offers;

book of accounting of checks;

availability on the property right, economic maintaining, operational management or other legal cause of the room conforming to requirements of the legislation for implementation of the licensed activities.

7. The licensee when implementing activities for rendering legal services shall:

comply with the requirements and conditions established by the regulatory legal acts regulating the licensed activities;

perform and provide implementation of the licensed activities only by the workers having certificates on certification of the lawyer;

in 5-day time to report in the Ministry of Justice about change of the place of rendering legal services;

provide in the Ministry of Justice information on the head of the organization and his deputies in 5-day time from the date of its appointment;

submit within the Ministry of Justice within 5-day term information on acceptance and dismissal of the workers having the certificate on certification of the lawyer.

8. Islyuchen

9. Excluded

10. The licensee shall:

not interfere with authorized officers of the licensing body, head departments of justice of regional executive committees and the Minsk Gorispolkom, bodies of the State Control Committee in conducting checks, receipt of access to information systems and databases or in implementation of other actions by them, stipulated by the legislation;

represent to officials of the licensing body, head departments of justice of regional executive committees and the Minsk Gorispolkom, bodies of the State Control Committee documents, reliable information, including written explanations of the workers, necessary for conducting checks, to fulfill legal orders or requirements of the specified officials in case of execution of office powers by them;

to annually provide information on the activities for rendering legal services in the Ministry of Justice of the Republic of Belarus in form of the state statistical reporting 1-legal services (Ministry of Justice) "The report on rendering legal services" approved by the resolution of National Statistical Committee of the Republic of Belarus of October 23, 2008 No. 384 "About approval of form of the state statistical reporting 1-legal services (Ministry of Justice) "The report on rendering legal services" and instructions for its filling" no later than January 20 of the year following reporting.

Chapter 3. Customer relations

11. The licensee shall render competently legal services according to requirements of the legislation of the Republic of Belarus and the agreement obligations of rendering legal services.

12. When rendering legal services the licensee shall act for the benefit of the customer and in its advantage.

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