of October 20, 2003 No. 1363
About licensing of types of activity, issue of special permissions (licenses) for which is performed by the Ministry of Justice,
In pursuance of the Decree of the President of the Republic of Belarus of July 14, 2003 "About licensing of separate types of activity" the Council of Ministers of the Republic of Belarus DECIDES: No. 17
1. Approve enclosed:
Regulations on licensing of lawyer activities;
Regulations on licensing of activities for rendering legal services;
Regulations on licensing of activities for distribution of legal information;
Regulations on licensing of private notarial activities.
1-1. Determine that special permissions (licenses) for implementation of private notarial activities are not issued before adoption of the relevant decision by the President of the Republic of Belarus.
2. This resolution becomes effective since November 1, 2003.
Acting as
Prime Minister of the Republic of Belarus S. Sidorsky
Approved by the Resolution of Council of Ministers of the Republic of Belarus on October 20, 2003 No. 1363
1. This Provision is developed according to the Decree of the President of the Republic of Belarus of July 14, 2003 No. 17 "About licensing of separate types of activity" (The national register of legal acts of the Republic of Belarus, 2003, No. 79, 1/4779) (further the Decree).
2. Issue of special permissions (licenses) for implementation of lawyer activities (further - licenses), their duplicates, modification and (or) amendments in licenses, suspension, renewal, prolongation of effective period of licenses, the termination of their action, control of implementation by licensees of lawyer activities (further - the licensed activities) is made by the Ministry of Justice (further - Ministry of Justice) according to the Decree and this Provision.
3. In this Provision the main terms and determinations in the values established by the Decree are used.
4. The licensed activities are performed by physical persons.
5. Licenses act on all territory of the Republic of Belarus.
6. The license is granted for 5 years. The license validity after its termination can be extended according to the statement of the licensee repeatedly.
7. The licensed requirements and conditions shown to license applicants in case of its issue:
physical persons - the citizens of the Republic of Belarus who are petitioning for provision by it of the right to occupation lawyer activities, having the higher legal education, length of service in at least three years or not having such years of service, but passed training from six months to one year in legal profession and passed qualification examination have the right to the license (further examination);
the physical persons applying for receipt of the license have no right to the license, but from the date of filing of application about the admission to examination positions on which operating time is set off in years of service of public service took up to day of its obtaining, acknowledged in accordance with the established procedure by incapacitated or it is limited capable, earlier committed intentional crimes excluded (dismissed) of Bars and also dismissed from law enforcement and other agencies on the compromising circumstances - within five years from the date of adoption of relevant decisions about dismissal;
physical persons on which the decision on cancellation of the license is made have no right to the license, - within one year from the date of adoption of such decision.
8. Licensees shall meet the requirements established by the acts of the legislation regulating lawyer activities.
9. For receipt of the license the license applicant submits to Ministry of Justice the documents specified in Item 8 of the Regulations on licensing of separate types of activity approved by the Decree and also:
notarially attested copy of the diploma about the higher legal education;
notarially attested statement from the service record, 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;
autobiography;
at least 2 recommendations of scientists-lawyers or experts lawyers for the admission to passing an examination.
10. Before decision making about issue of the license to physical person compliance of opportunities of the license applicant to licensed requirements and conditions is performed.
It is performed by the Qualification commission on questions of lawyer activities in the Republic of Belarus in the form of examination.
The procedure for education, the organization of activities and power of the called commission are determined by Regulations on the Qualification commission on the questions of lawyer activities in the Republic of Belarus approved by Ministry of Justice.
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The document ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of December 30, 2010 No. 1910