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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of February 6, 2012 No. 122

About procedure for expense recovery for compensation of lawyers on rendering legal aid to the victims of human trafficking, persons injured with the act of terrorism

(The last edition from 30-04-2019)

According to article 28 of the Law of the Republic of Belarus of December 30, 2011 "About legal profession and lawyer activities in the Republic of Belarus" the Council of Ministers of the Republic of Belarus DECIDES: No. 334-Z

1. Determine that:

1.1. the basis for expense recovery for compensation of lawyers on rendering legal aid to the victims of human trafficking, and in case of not achievement of fourteen-year age by them - to their legal representatives, persons injured with the act of terrorism (further - legal aid), at the expense of means of the republican budget is:

in case of participation of the lawyer in inquiry, pretrial investigation and legal proceedings - the resolution (determination) of the body conducting criminal procedure on assignment of counsel as the victim's representative (the victim of human trafficking, person, the injured act of terrorism);

when giving by the lawyer of consultations and explanations concerning social protection and recovery of victims of human trafficking, persons injured with the act of terrorism, creation of statements, claims and other documents of legal nature - the order of the manager of legal advice bureau or the decision of council of territorial Bar;

1.2. expenses on compensation of lawyers on rendering legal aid (further – expenses) are refunded in the amount of:

100 percent of basic size in one working day in case of performance of work as the victim's representative (the victim of human trafficking, person, the injured act of terrorism) in the Supreme Court, regional, Minsk city courts;

75 percent of basic size in one working day in case of performance of work as the victim's representative (the victim of human trafficking, person, the injured act of terrorism) in district (city) courts, criminal prosecution authorities, to giving consultations and explanations concerning social protection and recovery of victims of human trafficking, persons injured with the act of terrorism, creation of statements, claims and other documents of legal nature.

Expenses are refunded to territorial Bars by the Ministry of Justice through head departments of justice corresponding regional, Minsk city executive committees at the expense of means of the republican budget.

In case of expense determination days of participation of lawyers in criminal proceeding, in investigative or other legal proceedings, in judicial sessions, performance of work in case of acquaintance with case papers (if the lawyer did not participate in pretrial investigation earlier), with the protocol of judicial session are considered, when giving consultations, explanations, creation of statements, claims and other documents of legal nature, business management in appeal, supervising instances, the report of the supervising claim;

1.3. the lawyer giving legal aid constitutes in four copies the reference calculation in the form approved by the Ministry of Justice with indication of the amount which is subject to payment at the expense of means of the republican budget.

The first copy of the reference calculation goes territorial Bar for expense recovery to the Ministry of Finance, the second - to head department of justice of the relevant regional, Minsk city executive committee, third is stored in legal advice bureau, lawyer bureau, at the lawyer performing lawyer activities individually the fourth in case of rendering by the lawyer the legal aid provided in the paragraph the second subitem 1.1 of this Item joins the body conducting criminal procedure the criminal case file, and in case of rendering the legal aid provided in paragraph three of subitem 1.1 of this Item joins materials on accounting of work of the lawyer;

1.4. The Ministry of Finance based on the reference calculation specified in the subitem

1.3 this Item, within two working days establishes plan assignments to head departments of justice corresponding regional, Minsk city executive committees.

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