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THE RESOLUTION OF NATIONAL COUNCIL ON THE LEGAL AID GUARANTEED BY THE STATE OF THE REPUBLIC OF MOLDOVA

of July 17, 2014 No. 16

About approval of the Code of professional ethics of the paralawyer

According to provisions of the h. (1) lit.a) and b) and h. (2) lit.j) Art. 12 and h. (5) Art. 13 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), the National council on the legal aid guaranteed by the state DECIDES:

1. Approve the Code of professional ethics of the paralawyer it (is applied).

2. 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

Victor Zachariah

The secretary of National council on the legal aid guaranteed by the state

Olga Rabey

Code of professional ethics of the paralawyer

I. General provisions

1. The code of professional ethics of the paralawyer represents set of the standards of behavior and ethical obligations established by National council on the legal aid guaranteed by the state (further in the text - NSYuPGG) for the purpose of creation of system of ethical reference points to which the paralawyer shall adhere in the activities as the paralawyer.

2. This code supplements the standards of activities and professional enhancement of the paralawyer approved by NSYuPGG, creating together the single set of rules, obligatory in activities of the paralawyer.

3. Provisions of the code of professional ethics are based on provisions of the Law on the legal aid guaranteed by the state of Regulations on activities of the paralawyers and other regulations approved by NSYuPGG, regulating activities of paralawyers and shall be considered and be treated in light of the corresponding regulations.

II. Role and principles of activities of the paralawyer

4. Activities of the paralawyer serve public concerns, promoting the state of access to effective legal services to each person regardless of its financial position.

5. When rendering services of primary legal aid the paralawyer aims to help the associates who are in the most adverse provision in which he performs the activities, to understand the rights guaranteed to them by the law to prevent emergence of problems of legal nature, to understand legal solutions of their problems, and also to return them belief in opportunity to solve the problems in the available legal ways.

6. The paralawyer owing to the position shall provide primary legal aid and know problems of the people living in community in which he performs the activities. For this purpose the paralawyer shall analyze constantly community problems, making, as far as possible, proposals of general and individual nature on their decision.

7. The paralawyer provides consultations, helping persons who asked for primary legal aid, to understand problems which they face so that the last could choose the most suitable decisions and take actions for their realization. The paralawyer does not replace the beneficiary but only directs and supports its efforts on the problem resolution, pursuing the purpose development in the beneficiary of sense of responsibility for own existence.

8. The mission of the paralawyer consists not only in provision of consultations, explanation of the laws and legal informing, but also in instilling in the beneficiary of respect for the law along with responsibility for the actions and decisions.

9. The paralawyer is guided by the principle of prevalence of legitimate interests of person who asked for primary legal aid, over desire to keep good relations with subjects of public or private law with which the paralawyer cooperates.

10. The paralawyer honesty and fearlessly advocates legitimate interests of the beneficiary even if protection of legitimate interests of the beneficiary infringes on interests of other associates, including friends or neighbors of the paralawyer, or representatives of bodies public the authorities.

11. Providing primary legal aid which is responsibility of the state which was delegated to the paralawyer of NSYuPGG the paralawyer directly does not represent the state and it is not identified in the activities with the state.

12. The paralawyer performs the activities on the basis of the principle of independence, being guided by the relevant legislation, not allowing certain orders or instructions from the public authorities or individuals. If the third party tries to make impact on activities of the paralawyer, he without delay will inform the NSYuPGG corresponding territorial bureau for the solution of this problem.

13. The paralawyer aims as it is possible more precisely and is more multidimensional to reveal problem of the beneficiary to identify range of decisions, best of all reflecting interests of the beneficiary. If the paralawyer is not confident in correctness of consultation which he shall provide to the beneficiary, he will consult with the NSYuPGG territorial bureau or the lawyer with whom he cooperates.

14. The paralawyer carries out accurate differentiation between what is provided by the law, and wishes of the beneficiary, being always guided by legislative provisions in the course of provision of services of primary legal aid.

15. The paralawyer will correct any mistake made during the activities in independence of whether it concerns the consultation provided to the beneficiary, communication with colleagues or with bodies of the public power.

16. The paralawyer will inform the authorities on the violations of the law which became to him known owing to the activities as the paralawyer, including on offenses and crimes according to the procedure, provided by the current legislation.

17. The paralawyer is forbidden to use offensive language, in any communication he always shall use only the normative speech.

18. For increase in the professional skills the paralawyer shall pay special attention to self-training and continuous preparation.

19. The paralawyer provides to beneficiaries services of primary legal aid free of charge. The paralawyer has no right to ask or accept sums of money, gifts, loans, inheritance or other encouragement for the services of primary legal aid rendered to the beneficiary or for actions taken for the benefit of associates.

III. Paralawyer's relations with beneficiaries

20. The paralawyer carries out the powers responsibly and diligent, constantly taking in attention that his words and actions can infringe on line item and interests of people.

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