RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of December 1, 2015 No. 203

About approval of the Instruction about procedure for carrying out tender on the best lawyer education, the best lawyer performing lawyer activities individually

Based on Item 11 of the Regulations on the Ministry of Justice of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of October 31, 2001 No. 1605, the Ministry of Justice of the Republic of Belarus DECIDES:

1. Approve the enclosed Instruction about procedure for carrying out tender on the best lawyer education, the best lawyer performing lawyer activities individually.

2. Declare invalid the resolution of the Ministry of Justice of the Republic of Belarus of November 28, 2005 No. 61 "About approval of the Regulations on the tender "The Best Legal Advice Bureau of Regional, Minsk City Bar" (The national register of legal acts of the Republic of Belarus, 2005, No. 195, 8/13551).

3. This resolution becomes effective after its official publication.

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of December 1, 2015 No. 203

The instruction about procedure for carrying out tender on the best lawyer education, the best lawyer performing lawyer activities individually

1. This Instruction establishes procedure for carrying out tender on the best lawyer education, the best lawyer performing lawyer activities individually (further - tender).

2. The purpose of carrying out tender is improvement of quality and efficiency of the legal aid given by lawyers, protection of the rights and freedoms of citizens.

3. Competition is held annually.

4. The lawyers performing lawyer activities individually, lawyer bureaus, legal advice bureaus regional, Minsk city Bars take part in carrying out tender.

5. Competition is held on the following nominations:

"The best legal advice bureau numbering up to 5 lawyers";

"The best legal advice bureau numbering from 5 to 10 lawyers";

"The best legal advice bureau numbering over 10 lawyers";

"The best specialized legal advice bureau";

"The best lawyer bureau";

"The best lawyer performing lawyer activities individually".

6. Winners of tender the legal advice bureaus, lawyer bureau, the lawyers who is performing lawyer activities individually who reached the best indicators following the results of work in year are recognized.

7. The main criteria for determination of winners of tender are:

lack of violations of the law of the Republic of Belarus about legal profession, legislations of the Republic of Belarus on licensing or requirements established by the legislation and conditions of implementation of lawyer activities;

lack of reasonable complaints concerning lawyers, including the notes made in the book and offers;

observance of rules of professional ethics of the lawyer when rendering legal aid;

quality of training of trainees and results of passing of qualification examination by them;

number of participations of lawyers in criminal, civil and administrative cases;

the number of the oral consultations and explanations held by lawyers on legal issues, the constituted documents of legal nature;

the number of orders on conducting criminal cases by lawyers in court according to the procedure, stipulated in Clause 46 Codes of penal procedure of the Republic of Belarus;

the number of the orders on rendering legal aid executed by lawyers at the expense of means of Bar;

the number of orders on rendering legal aid counting on one lawyer;

the number of the orders executed by lawyers of specialized legal advice bureaus on rendering legal aid to subjects of managing;

the number of the satisfied petitions declared by lawyers at stage of preliminary inquiry or legal proceedings;

total number of the contracts for rendering legal aid signed by lawyers with subjects of managing;

number of actions for legal informing citizens;

quality of record keeping, statistics and work on systematization of the legislation;

number of actions for advanced training of lawyers;

level of proper conditions for work in legal advice bureau, lawyer bureau, at the lawyer performing lawyer activities individually;

condition of respect for labor and performing discipline, industrial safety rules and safe engineering;

level of technical condition and procedure in the room occupied by legal advice bureau, lawyer bureau, the lawyer performing lawyer activities individually and in the adjacent territory.

8. Tender is carried out in two steps:

the first - at the level of areas, the city of Minsk where following the results of work of legal advice bureaus, lawyer bureaus, the lawyers performing lawyer activities individually in year head departments of justice regional (Minsk city) executive committees together with regional (Minsk city) Bars determine legal advice bureaus, lawyer bureaus, the lawyers performing lawyer activities individually for the subsequent petition by Republican Bar before the Ministry of Justice of the Republic of Belarus about recognition by their winners of tender;

the second - at the level of the Republic of Belarus where taking into account requirements of this Instruction on the petition of Republican Bar before the Ministry of Justice of the Republic of Belarus the decision on recognition of one of legal advice bureaus in each of the nominations, the lawyer bureau, the lawyer performing lawyer activities individually, winners of tender is made.

9. The petition for recognition of legal advice bureaus, lawyer bureau, the lawyer performing lawyer activities individually by winners of tender is submitted in the Ministry of Justice of the Republic of Belarus till March 1 of the year following for reporting.

Together with the petition are represented to the Ministry of Justice of the Republic of Belarus:

the certificate of results of work of the represented legal advice bureaus, lawyer bureau, the lawyer performing lawyer activities individually, in the expired year, containing the analysis of the main criteria specified in Item 7 of this Instruction;

the decision of head department of justice regional (The Minsk city) executive committee and council regional (Minsk city) Bars, determining legal advice bureaus, lawyer bureau, the lawyer performing lawyer activities individually for the subsequent petition for recognition by winners of tender.

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