of December 30, 2011 No. 334-Z
About legal profession and lawyer activities in the Republic of Belarus
Accepted by the House of Representatives on December 19, 2011
Approved by Council of the Republic on December 20, 2011
In this Law the following main terms and their determinations are applied:
legal profession - the legal institution designed to render according to the Constitution of the Republic of Belarus on professional basis legal aid for the purpose of implementation and protection of the rights, freedoms and interests of physical persons and legal entities;
lawyer activities - the legal aid given on professional basis by lawyers according to the procedure, provided by this Law, to physical persons, including individual entrepreneurs, legal entities, and also the state (further if other is not provided, - clients) for the purpose of implementation and protection of their rights, freedoms and interests, and also ensuring access to justice;
lawyer secret - data on questions according to which the client asked for legal aid, essence of consultations, explanations, the references received by the client from the lawyer, data on private life of the client information obtained from the client on circumstances of crime execution on criminal case on which the lawyer performed protection of the rights, freedoms and interests of the client, and also the data which are trade secret of the client;
legal aid - activities for rendering assistance to clients in understanding, the correct use and compliance with law which are directed to implementation and protection of the rights, freedoms and interests of clients, and also representation of clients in courts, state bodies, other organizations and before physical persons.
1. The legislation on legal profession in the Republic of Belarus consists of the Constitution of the Republic of Belarus, this Law and other regulatory legal acts.
2. If the international treaty of the Republic of Belarus establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.
3. The rights and obligations of lawyers when rendering legal aid on the criminal, civil cases, cases arising from economic (economic) disputes, and cases on administrative offenses are regulated by also corresponding legal acts.
Operation of this Law does not extend to the legal aid given within the activities:
employees of legal services of the organizations, and also employees of state bodies;
persons performing activities for rendering legal services based on special permissions (licenses) and their workers;
notaries, interim (anti-recessionary) managers, liquidators, patent agents;
Chamber of Commerce and Industry in the field of legal support of foreign economic activity;
employees of realtor and auditing organizations, auditoramiindividualny entrepreneurs;
public associations of consumers;
the bodies and persons performing representation in the cases established by legal acts and international treaties of the Republic of Belarus.
The organization of legal profession and lawyer activities is based on the principles:
providing the right to legal aid guaranteed by the Constitution of the Republic of Belarus;
availability of legal aid;
independence of lawyers when implementing the professional activity;
uses of all means which are not prohibited by the legislation and methods of protection of the rights, freedoms and interests of the client;
quality assurances of legal aid;
inadmissibility of intervention in professional activity of lawyers from the bodies conducting criminal procedure, other state bodies, other organizations and officials;
observance of Rules of professional ethics of the lawyer;
self-government and self-financing.
The main objectives of legal profession are:
rendering on professional basis of legal aid to clients for the purpose of implementation and protection of their rights, freedoms and interests;
participation in legal education of citizens.
1. Legal aid appears lawyers on paid basis. In the cases and procedure provided by this Law and other legal acts, legal aid is given at the expense of means of Bars, republican and (or) local budgets.
2. Any physical person and legal entity in the territory of the Republic of Belarus has the right to ask for legal aid the lawyer at the choice, except as specified rendering legal aid at the expense of means of Bars, republican and (or) local budgets, for protection of the rights and interests in courts, state bodies, other organizations which competence includes the solution of the appropriate legal issues, and before physical persons.
3. To the detainee, administratively the arrested, person taken into custody, house arrest, to the convict when rendering legal aid necessary conditions for meetings and consultations with the lawyer with respect for their complete confidentiality are provided to person to whom enforcement powers of safety and treatment are appointed or.
1. The physical person who is the citizen of the Republic of Belarus, having the higher legal education and length of service in at least three years which procedure for calculation is established by Council of Ministers of the Republic of Belarus or the body authorized by it which passed training in the cases established by this Law and passed qualification examination, got special permission (license) for implementation of lawyer activities (further if other is not provided, - the license) and being the member of territorial Bar can be the lawyer in the Republic of Belarus.
2. The lawyers of foreign states acting according to international treaties of the Republic of Belarus can give legal aid in the territory of the Republic of Belarus after inclusion them in the Register of lawyers, lawyer bureaus, legal advice bureaus and special permissions (licenses) for the right of implementation of lawyer activities (further - the Register of lawyers) according to the procedure, determined by the Ministry of Justice of the Republic of Belarus.
Person is not allowed to implementation of lawyer activities:
recognized in accordance with the established procedure as incapacitated or it is limited by capable;
earlier committed intentional crime;
excluded (dismissed) of Bar, and also dismissed from law enforcement and other agencies and the organizations for the discrediting circumstances, within three years from the date of adoption of relevant decisions about dismissal;
addressed for receipt of the license within one year from the date of entry into force of the accepted concerning it or individual entrepreneur (legal entity) as which it was registered (the founder or the head of which was) this physical person, solutions on cancellation or on cancellation of special permission (license) for implementation of lawyer activities, activities for rendering legal services in the cases established by legal acts, except for cancellation of the corresponding special permission (license) on own initiative the licensee;
operating time borrowing during the period from the date of filing of application about the admission to qualification examination about day of receipt of the license of position, on which is set off in years of service of public service.
1. Person intending to become the lawyer (further - the applicant), shall pass training and pass qualification examination. Passing of training by person who was earlier performing lawyer activities at least three years is not required if from the date of the termination of lawyer activities there passed no more than five years, except for persons excluded (dismissed) of Bar on the discrediting circumstances.
2. Before passing qualification examination the applicant passes training at the lawyer of legal advice bureau, lawyer bureau or at the lawyer performing lawyer activities individually in the direction of territorial Bar from three to six months.
The decision on acceptance of the applicant as the trainee of the lawyer and the direction it on training in legal advice bureau, lawyer bureau or to the lawyer performing lawyer activities individually is accepted according to the statement of the applicant by council of territorial Bar based on respectively requests of the legal advice bureaus, lawyer bureaus or lawyers performing lawyer activities individually or in the direction of the Belarusian republican Bar in the procedure established by it.
The Ministry of Justice of the Republic of Belarus for the purpose of ensuring availability of legal aid in the territory of administrative and territorial unit has the right to bring in the relevant territorial Bar ideas of the number of the trainees, obligatory for execution, who are subject to the direction on training in legal advice bureaus with the conclusion of agreements, stipulated in Item 1 article 10 of this Law.
The applicant cannot be accepted as the lawyer's trainee in the presence at him restrictions, the stipulated in Article 8 these Laws.
The documents specified in paragraphs second and third to part one of item 4 of this Article are enclosed to the application of the applicant for acceptance as the trainee of the lawyer.
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