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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of June 14, 2012 No. 265

About some questions of lawyer activities

(as amended on 22-06-2023)

For the purpose of realization of provisions of the Law of the Republic of Belarus of December 30, 2011 "About legal profession and lawyer activities in the Republic of Belarus" I decide:

1. Approve enclosed:

Regulations on state registration Republican and territorial (Minsk city, regional) Bars, lawyer bureaus;

Regulations on liquidation territorial (Minsk city, regional) Bars, lawyer bureaus.

2. Determine that:

2.1. in case of rejection of partners of lawyer bureau by meeting according to legal acts at the scheduled time of the decision on liquidation of lawyer bureau it is subject to liquidation according to the decision of the Ministry of Justice according to the procedure, established by the legislation for July 1, 2021;

2.2. the income tax from physical persons is paid by the lawyer from the income gained from implementation of lawyer activities, reduced by the amount of fees on content of territorial Bar which member he is.

The place of the main work of the lawyer performing lawyer activities in legal advice bureau for the purposes of the taxation is understood as territorial Bar which member he is;

2.3. No. 200 is excluded according to the Presidential decree of the Republic of Belarus of 27.05.2021

2.4.     No. 523 is excluded according to the Presidential decree of the Republic of Belarus of 27.11.2013

2.5. The specialized Belarusian Bar is subject to reorganization by accession it to the Minsk city Bar as specialized legal advice bureau with preserving the name Belinyurkollegiya.

3. Make changes and additions to the following presidential decrees of the Republic of Belarus:

3.1. line item 01.08.02.03 Single legal qualifiers of the Republic of Belarus, No. 1 approved by the Presidential decree of the Republic of Belarus of January 4, 1999 (The national register of legal acts of the Republic of Belarus, 1999, No. 2-3, 1/2; 2002, No. 91, 1/3938) to state in the following edition:

"01.08.02.03 Republican Bar. Territorial Bars. Legal advice bureaus. Lawyer bureaus. The lawyers performing lawyer activities individually";

3.2. in the Regulations on payment of compulsory insurance premiums, fees on professional pension insurance and other payments in Social Security Fund of the population of the Ministry of Labour and Social Protection approved by the Presidential decree of the Republic of Belarus of January 16, 2009 No. 40 "About Social Security Fund of the population of the Ministry of Labour and Social Protection" (The national register of legal acts of the Republic of Belarus, 2009, No. 17, 1/10419; 2010, No. 42, 1/11372; 2011, No. 108, 1/12953):

in Item 2 part one:

paragraph two after the word of "notary" to add with the words "lawyers-from the date of certification of the lawyer";

in paragraph five of the word "and private notaries" shall be replaced with words ", private notaries, lawyers";

in Item 7:

to add part one after the words "notaries" and "notarial" respectively with words ", lawyers" and ", lawyer";

in part two:

in the first offer of the word "and private notaries" and "and notarial" to replace respectively with words "private notaries, lawyers" and ", notarial, lawyer";

the second offer after the word of "notary" to add with the word", the lawyer";

in part four of the word "and private notaries" shall be replaced with words ", private notaries, lawyers";

in part five of the word "and private notaries" shall be replaced with words "private notaries, lawyers";

the tenth Item 26 after the word of "notary" to add the paragraph with the word", the lawyer";

3.3. ceased to be valid according to the Presidential decree of the Republic of Belarus of 22.06.2023 No. 178

4. Declare invalid:

The decree of the President of the Republic of Belarus of May 27, 1998 No. 7 "About modification and amendments in the Decree of the President of the Republic of Belarus of May 3, 1997 No. 12" (Collection of decrees, presidential decrees and orders of the Government of the Republic of Belarus, 1998, No. 16, the Art. 415);

The decree of the President of the Republic of Belarus of June 3, 1999 No. 23 "About entering of amendments into the Decree of the President of the Republic of Belarus of May 3, 1997 No. 12" (The national register of legal acts of the Republic of Belarus, 1999, No. 44, 1/404);

paragraph two of Item 1 of the Decree of the President of the Republic of Belarus of August 30, 2002 No. 22 "About introduction of amendments to some decrees of the President of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2002, No. 100, 1/4003);

paragraph two of Item 2 of the Decree of the President of the Republic of Belarus of November 12, 2003 No. 22 "About modification and amendments in some decrees of the President of the Republic of Belarus and recognition voided Item 6 of the Decree of the President of the Republic of Belarus of May 3, 1997 No. 12 and other decrees of the President of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2003, No. 127, 1/5084);

subitem 1.1 of Item 1 of the Decree of the President of the Republic of Belarus of February 16, 2004 No. 1 "About modification and amendments in some decrees of the President of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2004, No. 27, 1/5326);

subitem 1.2 of Item 1 of the Decree of the President of the Republic of Belarus of September 14, 2006 No. 16 "About introduction of amendments to some decrees of the President of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2006, No. 149, 1/7927);

paragraph two of Item 2 of the Presidential decree of the Republic of Belarus of December 31, 2007 No. 704 "About some questions of payment of the state fee" (The national register of legal acts of the Republic of Belarus, 2008, No. 5, 1/9293).

5. To Council of Ministers of the Republic of Belarus:

submit in accordance with the established procedure for consideration of the Head of state the draft of the legal act of the President of the Republic of Belarus determining features of activities of specialized legal advice bureau Belinyurkollegiya;

provide reduction of acts of the legislation in compliance with this Decree;

take other measures for implementation of this Decree.

6. To provide to republican Bar together with the Ministry of Justice reorganization of Specialized Belarusian Bar according to this Decree and to take other measures connected with such reorganization.

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