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RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF BELARUS

of January 22, 2016 No. 12

About approval of Rules of implementation of activities for rendering legal services

(In edition of the Resolution of the Ministry of Justice of the Republic of Belarus of 20.10.2017 No. 212)

Based on the paragraph of the sixth subitem 347.2 of Item 347 of the Regulations on 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" of 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 Rules of implementation of activities for rendering legal services.

2. Recognize invalid:

subitem 1.6 of Item 1 of the resolution of the Ministry of Justice of the Republic of Belarus of December 1, 2010 No. 109 "About modification and amendments in some resolutions, recognition voided some resolutions of the Ministry of Justice of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2011, No. 2, 8/23113).

3. This resolution becomes effective since March 1, 2016.

Minister

O. L. Slizhevsky

Approved by the Resolution of the Ministry of Justice of the Republic of Belarus of January 22, 2016 No. 12

Rules of implementation of activities for rendering legal services

Chapter 1. General provisions

1. These rules govern the relations arising in connection with implementation of activities for rendering legal services (as constituting the licensed activities of services) (further - legal services).

2. In these rules terms and their determinations in the values established by Chapter 34 of the Regulations on 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" are applied (The national register of legal acts of the Republic of Belarus, 2010, No. 212, 1/11914), and also the following terms and their determinations:

the licensee - the commercial organization, the individual entrepreneur rendering legal services based on special permission (license) for implementation of activities for rendering legal services (as constituting the licensed activities of services) (further - the license);

the lawyer - the worker of the licensee or the individual entrepreneur who is the licensee the having higher legal education and length of service on legal specialty after receipt of the higher legal education at least 3 years rendering legal services based on the license in the procedure established by the legislation.

3. Heads of the organizations rendering legal services shall provide knowledge and observance of these rules by workers.

Chapter 2. Requirements to the licensee

4. For implementation of activities for rendering legal services the licensee shall have:

staff of workers, including the head of the organization and his deputies (except for technical and support personnel), with the higher legal education. At the same time for at least 2 lawyers work at the licensee shall be principle place of employment;

the agreements on rendering legal services signed according to the legislation;

register of data on financial transactions;

rules of internal control;

register of special forms;

book of notes and offers;

book of accounting of checks;

on the property right, economic maintaining, operational management or other legal cause the room or its part conforming to requirements of the legislation for implementation of the licensed activities.

5. In convenient for review and the place, available to customers, shall be placed:

original or copy of the certificate on state registration of the licensee;

original or copy of the license;

text of these rules;

information on lawyers.

6. The licensee when implementing activities for rendering legal services shall:

comply with the requirements and conditions established by the regulatory legal acts regulating the licensed activities;

perform and provide implementation of the licensed activities only by lawyers;

in 5-day time to report in the Ministry of Justice of the Republic of Belarus (further - the Ministry of Justice) about change of the place of rendering legal services;

provide in the Ministry of Justice information on the head of the organization and his deputies in 5-day time from the date of its appointment;

provide in the Ministry of Justice information on acceptance and dismissal of lawyers in 5-day time from the date of their acceptance (dismissal).

7. The licensee shall at least once in three years provide advanced training of lawyers on the educational program of preparation "Legal services". The licensee shall submit the copy of the certificate on advanced training in the Ministry of Justice within 5-day term from the date of the end of passing by the lawyer of advanced training.

8. The licensee shall register in the magazine of registration of agreements agreements on rendering legal services with indication of:

numbers one after another;

names of the customer;

dates of the conclusion of the agreement, its number;

subject of the agreement;

duration of the agreement;

names of the document confirming the fact of rendering legal services, its dates and number;

surnames, own name, middle name (in case of its availability) person rendering legal services.

Agreements on rendering legal services are registered in the magazine of registration of agreements in day of their signing.

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