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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 27-05-2021)

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. 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;

excluded (dismissed) of Bar, and also dismissed from law enforcement and other agencies on the discrediting circumstances, within 3 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 of the license for implementation of private notarial activities or activities for rendering legal services respectively;

operating time occupying during the period from the date of filing of application about the admission to qualification examination about day of receipt of the license position, in which is set off in years of service of public service.

103. The licensed requirements and conditions shown to the license applicant are:

availability of nationality of the Republic of Belarus;

availability of the higher legal education;

passing of training and passing qualification examination. The physical person having length of service in at least three years including as the paralegal assistant, shall pass 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, and the physical person which does not have three-year length of service in the specialty - from six months to one year.

104. The licensed requirements and conditions shown to the licensee are:

observance of the licensed requirements and conditions specified in Item 103 this provision;

observance of the requirements and conditions established by the regulatory legal acts regulating the licensed activities.

105. For receipt of the license her job seeker in addition to the documents specified in subitems 15.1 and 15.4 of Item 15 of this provision represents:

the copy of the diploma about the higher legal education (with presentation of its original);

the statement from the service record (with presentation of its original), and in case of its absence - the reference from the last place of employment with indication of the bases of the termination of labor activity (if the physical person performed labor activity);

the copy of the certificate on certification of the lawyer (in case of its availability);

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