It is registered
Ministry of Justice
Republic of Moldova
On December 30, 2014 No. 1014
of October 29, 2014 No. 27
About approval of the Regulations on activities of paralawyers
According to provisions of the h. (1) Art. 16 of the Law No. 198-XVI of July 26, 2007 on the legal aid guaranteed by the state (The official monitor of the Republic of Moldova, 2007, Art. No. 157-160, 614), with subsequent changes and amendments, DECIDES: National council on the legal aid guaranteed by the state
1. Approve Regulations on activities of paralawyers it (is applied).
2. Declare invalid the Decision of National council on the legal aid guaranteed by the state, about approval of the Regulations on activities of paralawyers, registered in the Ministry of Justice on December 29, 2011 at No. 865 (The official monitor of the Republic of Moldova, 2012, Art. No. 7-12, 125).
3. This Provision is published in the Official monitor of the Republic of Moldova.
The chairman of National council on the legal aid guaranteed by the state
The secretary of National council on the legal aid guaranteed by the state
to the Resolution of National council on the legal aid guaranteed by the state of the Republic of Moldova of October 29, 2014 to No. 27
1. This Provision regulates selection conditions, methods of work and procedure for provision of primary legal aid by paralawyers, the relations of paralawyers with National council on the legal aid guaranteed by the state (further – National council), territorial bureaus of National council, other public institutions, lawyers, other legal entities and physical persons, and also process of quality assurance of primary legal aid, the reporting, monitoring, assessment of activities of the paralawyer and the termination of activities of the paralawyer.
2. The paralawyer is the person holding deserved authority in local community which has the incomplete legal education or complete higher education which is not engaged in lawyer activities and allowed after passing of special training to provision of primary legal aid in persons needing it at the expense of the means intended for provision of the legal aid guaranteed by the state and other sources which are not prohibited by the law.
3. Primary legal aid is informing on system of law of the Republic of Moldova, the existing regulations, the rights and obligations of persons of law, methods of realization and use of the rights in judicial and extrajudicial procedure; consultation on legal issues; help in creation of documents of legal nature; other forms of the help which are not falling under determination of qualified legal aid.
4. Providing the legal aid guaranteed by the state, paralawyers promote implementation of the obligation of the state on rendering effective legal aid to each person irrespective of the level of its income. For the purpose of rendering primary legal aid the state provides working conditions to paralawyers according to the Law on the legal aid guaranteed by the state, and other legal acts. Bodies of local public authority can provide paralawyers with necessary rooms, material means and provide other support for the purpose of provision of primary legal aid to persons needing it.
5. In the course of provision of primary legal aid paralawyers are independent of bodies of local public authority. Any intervention in professional activity of the paralawyer which is not provided by the law is forbidden.
6. Paralawyers perform the activities according to the Constitution of the Republic of Moldova, the Law on the legal aid guaranteed by the state, regulations of this Provision, the Code of professional ethics of the paralawyer with the quality standards of activities of the paralawyer and other regulations approved by National council on the legal aid guaranteed by the state.
7. Primary legal aid is provided on the principles of equality in the rights of all persons using such help, professional competence of paralawyers, confidentiality, inadmissibility of conflict of interest and timeliness by provision of primary legal aid in the shortest possible time for the purpose of assistance of the problem resolution of the beneficiary on initial stage.
8. Paralawyers provide services of primary legal aid and nationalities, ethnic origin, language, religion, floor, views, political affiliation, property status or social origin and any other signs of discrimination are respectful to persons receiving this help irrespective of race.
9. Selection of paralawyers for provision of primary legal aid is performed on the basis of the competition organized by tender committee in the procedure established by this Provision.
10. The tender committee (further – the commission) consists of the coordinator, the representative of territorial bureau of National council and the representative of bodies of local public authority. The staff of the commission affirms National council.
11. Obligations of the commission:
1) carrying out tender and preparation of necessary documents after tender;
2) preparation of the final list of the selected paralawyers;
3) other obligations necessary for selection process of paralawyers on the basis of tender.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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