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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of June 14, 2012 No. 265

About some questions of lawyer activities

(In edition of the Presidential decree of the Republic of Belarus of 27.11.2013 No. 523)

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. if as a part of partners of lawyer bureau there was one partner or lawyer activities of one or several of his partners were stopped in accordance with the established procedure, the lawyer bureau shall bring within three months the list of partners of lawyer bureau into accord with requirements of article 31 of the Law of the Republic of Belarus of December 30, 2011 "About legal profession and lawyer activities in the Republic of Belarus" (National register of legal acts of the Republic of Belarus, 2012, No. 2, 2/1884) or to make the decision on liquidation.

At the same time from the date of entering of data into the Single state register of legal entities and individual entrepreneurs about finding of lawyer bureau in the course of liquidation the partner of this lawyer bureau which lawyer activities were not stopped in accordance with the established procedure has the right to perform lawyer activities as a part of legal advice bureau or individually according to the legislation;

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. for improvement of quality of rendering legal aid and ensuring its availability in Republican Bar due to assignments of territorial Bars on its content and other sources which are not forbidden by the legislation the fund of development of legal profession can be created.

The decision on creation of fund of development of legal profession, procedure for forming and expenditure of means of this fund, the directions and the purposes of their use is accepted by council of Republican Bar in coordination with the Ministry of Justice taking into account offers of territorial Bars;

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:

the paragraph of "notary", the second after the word, 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. in Regulations on the licensing of separate types of activity approved by the Presidential decree of the Republic of Belarus of September 1, 2010 No. 450 "About licensing of separate types of activity" (The national register of legal acts of the Republic of Belarus, 2010, No. 212, 1/11914):

3.3.1. state Chapter 10 in the following edition:

"CHAPTER 10 LAWYER ACTIVITIES

101. Licensing of lawyer activities (further for the purposes of this Chapter - the licensed activities) is performed by the Ministry of Justice.

102. The licensed activities are performed by physical persons.

The physical person has no right to the license:

recognized in accordance with the established procedure as incapacitated or it is limited by capable;

earlier committed intentional crime;

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