of December 31, 2008 No. 2070
About some measures directed to increase in role and quality of work of legal services
For the purpose of increase in role and quality of work of legal services the Council of Ministers of the Republic of Belarus DECIDES:
1. Approve:
The approximate regulations on legal service of the state organization (are applied).
2. Determine that:
2.1. in case of identification of the facts of violation of the law allowed by legal service of the state organization * the Ministry of Justice has the right to direct to the head of this organization idea, obligatory for execution, of elimination of the allowed violations. In case of failure to carry out of the specified representation the Ministry of Justice brings in state body under which supervision the organization, and other organization subordinated to the Government of the Republic of Belarus which part the organization, the offer on involvement of the head of this organization to disciplinary responsibility is is;
2.2. assignment on legal service of republican state body and other organization subordinated to the Government of the Republic of Belarus, local executive and administrative organ, other state organization of the obligations which are not relating to legal work is not allowed. Employees of legal service fulfill other duties which are not relating to legal work according to the signed employment contracts (contracts).
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* The state organizations for the purposes of this resolution are understood as the legal entities (public institutions, republican and municipal unitary enterprises, national associations, except for the organizations subordinated to the Government of the Republic of Belarus) created by state body (official) or the state organization authorized according to the legislation. The property of such legal entities is in state-owned property and is assigned to them on the right of economic maintaining or operational management.
3. Bring in 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 national register of legal acts of the Republic of Belarus, 2001, No. 107, 5/9385; 2008, No. 54, 5/26856), following amendments and change:
3.1. add Item 5 with subitem 5.16 and the interlinear note of the following content to it:
"5.16. distribution of positive experience of legal work of public legal services organizatsiy*.";
"______________________________
* The state organizations in this subitem and in the text of the Provision are understood further as the legal entities (public institutions, republican and municipal unitary enterprises, national associations, except for the state organizations subordinated to the Government of the Republic of Belarus) created by state body (official) or the state organization authorized according to the legislation of the Republic of Belarus. The property of such legal entities is in state-owned property and is assigned to them on the right of economic maintaining or operational management.";
3.2. in Item 6:
add Item with subitem 6.8-1 of the following content:
"6.8-1. brings ideas of elimination of the violations of the law, obligatory for execution, allowed by legal service of the state organization in the state organizations, in case of failure to carry out of the specified representations brings in state body under which supervision the organization, and other state organization subordinated to the Government of the Republic of Belarus which part the organization, offers on involvement of the head of the state organization to disciplinary responsibility is is;";
state subitem 6.23 in the following edition:
"6.23. holds seminars (scientific and practical conferences, meetings) for employees of legal services of the state organizations, republican state bodies (their departments) and other state organizations subordinated to the Government of the Republic of Belarus, local executive and administrative organs, organizations of system of Ministry of Justice, labor arbitrators promotes information legal support of their activities;";
3.3. add Item 8 with subitem 8.8-1 of the following content:
"8.8-1. bring ideas of elimination of the violations of the law, obligatory for execution, allowed by legal service of the state organization in the state organizations, in case of failure to carry out of the specified representations to send to state body under which supervision the organization, and other state organization subordinated to the Government of the Republic of Belarus which part the organization, offers on involvement of the head of the state organization to disciplinary responsibility is is;".
4. Recommend to heads of the non-state organizations to be guided by Approximate regulations on legal service of the state organization.
5. Recognize invalid:
the resolution of Council of Ministers of the Republic of Belarus of March 22, 1999 No. 386 "About approval of the Approximate regulations on legal service of republican state body, other state organization, subordinated to the Government of the Republic of Belarus, local executive and administrative organ" (The national register of legal acts of the Republic of Belarus, 1999, No. 26, 5/459);
the resolution of Council of Ministers of the Republic of Belarus of March 22, 2000 No. 365 "About modification and amendments in some orders of the Government of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2000, No. 31, 5/2826);
the resolution of Council of Ministers of the Republic of Belarus of March 22, 2007 No. 362 "About modification and amendments in the resolution of Council of Ministers of the Republic of Belarus of March 22, 1999 No. 386" (The national register of legal acts of the Republic of Belarus, 2007, No. 79, 5/24928).
6. To provide to the Ministry of Labour and Social Protection together with the Ministry of Justice, the Ministry of Finance, the State committee on science and technologies till 2011 development of cross-industry standard rates of number of employees of legal services of the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus, other state organizations.
7. In a month to provide to the republican state bodies and other state organizations subordinated to the Government of the Republic of Belarus to the Ministry of Finance and the Ministry of Economics of the offer on enhancement of technique of preparation of financial and economic reasons for projects of regulatory legal acts.
To the Ministry of Finance and the Ministry of Economics in two-month time to generalize the offers provided by part one of this Item and to introduce to the Government of the Republic of Belarus the draft of the regulatory legal act determining the technique of preparation of financial and economic reasons for projects of regulatory legal acts meeting the modern requirements to forecasting of financial and economic consequences of acceptance of regulatory legal acts.
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