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 relations in the field of legal profession and lawyer activities are regulated by the legislation on legal profession, and also international treaties of the Republic of Belarus.
2. The legislation on legal profession is based on the Constitution of the Republic of Belarus and consists of this Law and other acts of the legislation.
3. 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.
4. 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 according to the procedure and on the conditions established by other legal acts;
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;
compliance of payment of legal aid to its amount, complexity and quality.
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 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, legal advice bureaus (further – the Register of lawyers) according to the procedure, determined by the Ministry of Justice.
1. 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, and it is equal in the relation of which the Ministry of Justice the decision on cancellation of the license for making of the actions discrediting rank of the lawyer and legal profession within three years from the date of adoption of relevant decisions is made;
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.
2. The lawyer is forbidden to be the owner of property (the founder, the participant) of the commercial organization rendering consulting, legal, realtor services, to be engaged in other paid work (activities), except work in governing bodies of Bars and lawyer educations, pedagogical (regarding realization of contents of educational programs), scientific, creative activities, activities of the arbitration judge, the arbitrator, mediator, and also the conciliator in the conciliatory procedure.
The lawyers who are owners of property (founders, participants) of the commercial organizations which are not specified in the parts one of this Item including having in property of the share (share in authorized funds) of such organizations during implementation of lawyer activities have no right to represent the rights and the interests of these organizations as representatives in courts, state bodies, other organizations and before physical persons, and also not allow emergence of other conflict of interest.
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