Belarus Advocate Qualifying Examination cheat sheet

Constitution of the Republic of Belarus (1994, as amended by the 1996, 2004 and 2022 referenda) has supreme legal force and direct effect throughout the territory; laws and other acts inconsistent with it are void.

Article 8 of the Constitution embodies the hierarchy of normative acts: Constitution, then constitutional laws approved by referendum, then ordinary laws, then presidential decrees, then government and ministerial acts.

The President is the head of state and guarantor of the Constitution, elected for five years by universal direct suffrage; candidacy requires citizenship, residence in Belarus for at least 20 years before election, and no foreign citizenship or residence permit.

The National Assembly consists of two chambers: the House of Representatives (110 deputies) and the Council of the Republic (64 members: 56 elected by local councils, 8 appointed by the President).

The Constitutional Court exercises constitutional review; under the 2022 amendments the All-Belarusian People's Assembly is a constitutional body (Vsenarodnoye sobranie) with competence to decide strategic domestic and foreign policy matters.

Fundamental rights may be limited only by law and only to the extent necessary to protect the constitutional order, morality, health, rights of others, and state security; certain rights (e.g., prohibition of torture) are absolute.

The Constitution guarantees freedom of association, peaceful assembly, and expression; restrictions must be prescribed by law and proportionate. The 2022 amendments added duties of citizens to respect the Constitution and laws.

Legislation enters into force after official publication (National Legal Internet Portal, pravo.by); laws generally take effect 10 days after publication unless the law sets another date.

Judicial power is exercised by courts; the Constitution proclaims independence of judges and subordination only to law; the Prosecutor's Office supervises compliance with laws.

Civil Code (1998) recognizes equality, autonomy of will, and property independence of participants; civil relations include property and personal non-property relations.

Full legal capacity (deеспособность) arises at 18; minors aged 14–18 have partial capacity with guardian consent for major transactions; minors under 14 act through legal representatives.

A transaction is void if contrary to law, made by an incapable person, or simulated (sham); voidable if made under duress, fraud, or material mistake; limitation period for voidable transactions is generally 1 year, for void transactions 3 years.

General limitation period (исковая давность) is 3 years from the day the person learned or should have learned of the violation; maximum extension for certain claims is 10 years.

Ownership rights include possession, use, and disposal; state ownership of natural resources is constitutionally guaranteed; property may be expropriated only for state needs with full compensation.

Contract is concluded when offer and acceptance match; essential terms include subject matter, price for compensated contracts, and terms required by law; written form is required for real estate and certain transactions.

Civil procedure is governed by the Code of Civil Procedure (1999); the court examines cases in first instance, cassation (апелляция), and supervisory review; parties have equal procedural rights.

Court fee (госпошлина) is calculated as a percentage of claim value; claims for non-property matters have fixed fees; exemption is available for certain categories of claimants.

Pre-trial settlement is not generally mandatory, but for certain categories (e.g., consumer, transport, insurance) a claim procedure may be required before filing.

Criminal Code (1999) defines crime as a socially dangerous act (action or omission) provided by criminal law, committed with guilt (intent or negligence).

Categories of crimes by gravity: minor (up to 2 years), less serious (up to 5 years), serious (up to 10 years), especially serious (over 10 years or life).

Criminal liability arises from age 16; for certain crimes (murder, intentional infliction of grievous bodily harm, rape, theft, robbery, etc.) from age 14.

Punishments include fine, community service, corrective labor, restriction of freedom, arrest, imprisonment, and life imprisonment; the death penalty was abolished in practice by the 2022 constitutional amendments and moratorium; life imprisonment remains.

Criminal procedure is governed by the Code of Criminal Procedure (1999); stages include pre-trial investigation (inquiry/investigation), trial, cassation, and supervisory review.

The suspect/accused has the right to defense counsel from the moment of detention or first interrogation; defense counsel may participate in investigative actions.

Detention without court decision may not exceed 72 hours; further detention requires court authorization; pre-trial detention is subject to periodic judicial review.

Evidence obtained in violation of law is inadmissible; the burden of proof lies on the prosecution; presumption of innocence applies until conviction by final judgment.

Cassation review is initiated by appeal within 10 days of judgment; supervisory review by the Supreme Court is available for final judgments on grounds of substantial violations.

Administrative law regulates relations between state bodies and citizens in the sphere of executive power; the Code of Administrative Offences (2003) and the Code of Administrative Procedure (2011) are principal sources.

Administrative offence is an unlawful, culpable act (action or omission) that encroaches on state or public order, property, rights and freedoms, for which administrative liability is established.

Administrative penalties include warning, fine, confiscation, deprivation of special rights, administrative arrest (up to 15 days, up to 30 for certain violations), and expulsion of foreigners.

Administrative arrest may be imposed only by a court; other penalties may be imposed by administrative bodies (e.g., police, tax authorities) within their competence.

A person is presumed innocent until the offence is proven in accordance with the procedure established by law; the person has the right to be informed of the charge, to present evidence, and to appeal.

Proceedings on administrative offences include initiation, investigation, consideration, decision, and appeal; the decision may be appealed to a higher body or court within 10 days.

Administrative procedure (Code of 2011) governs consideration of citizens' applications, issuance of administrative acts, and relations between administrative bodies and citizens; decisions may be challenged in court.

Administrative liability for legal entities applies where the Code provides; fines are calculated in base values (базовая величина) for many offences.

Public officials may be subject to disciplinary, administrative, and criminal liability; the Code of Administrative Offences provides for liability for abuse of power and official misconduct.

Economic law governs relations between business entities and state regulation of economic activity; sources include the Civil Code, Law on Business Entities (1992), Law on State Registration, and the Economic Procedure Code (1998).

Business entities may be commercial (partnerships, companies, unitary enterprises, production cooperatives) and non-commercial (consumer cooperatives, public associations, institutions).

State registration of business entities is carried out by local executive and administrative bodies; registration is generally completed within one working day upon submission of required documents.

Limited liability company: charter capital is divided into shares; minimum charter capital is 100 base values for LLCs (for certain activities higher thresholds apply).

Unitary enterprises are based on state or private ownership; the owner is not liable for the enterprise's debts except in cases of insolvency caused by the owner.

Economic procedure is administered by economic courts; jurisdiction covers disputes between business entities, state registration disputes, and bankruptcy cases.

Claim procedure (претензионный порядок) is mandatory for certain categories of economic disputes; the claim must be sent before filing suit, with a response period of 30 days unless otherwise agreed.

Bankruptcy (insolvency) proceedings are governed by the Law on Economic Insolvency (2012); grounds include inability to satisfy creditors' claims for 3 months.

Economic court decisions may be appealed in cassation (10 days) and reviewed by the Supreme Court; enforcement is carried out by bailiffs (судебные исполнители).

Labor Code (1999) regulates labor relations; an employment contract may be concluded for an indefinite term, fixed term (up to 5 years), or for the duration of specific work.

Employment contract must be in writing and contain essential terms: place of work, position, salary, rights and obligations; oral contracts are not permitted for indefinite terms.

Probation period may not exceed 3 months (6 months for certain positions); certain categories (minors, pregnant women, graduates on first job) are exempt from probation.

Working time may not exceed 40 hours per week; reduced hours apply to minors, persons with disabilities, and hazardous work; overtime is limited to 12 hours per week and requires consent.

Annual paid leave is 24 calendar days minimum; additional leave is granted for hazardous conditions, irregular hours, and long service (up to 3 days).

Termination grounds include agreement, expiry of term, employee's initiative (notice 1 month for indefinite contracts, 2 weeks for fixed-term), employer's initiative (redundancy, misconduct), and circumstances beyond control.

Labor disputes are considered by labor dispute commissions (КТС) and courts; individual disputes may be filed in court within 3 months of learning of the violation, or 1 month for dismissal disputes.

Social security: state social insurance contributions are paid by employers; pensions include old-age, disability, and survivor pensions; retirement age is 63 for men and 58 for women (gradually raised).

State benefits include temporary disability, maternity, child benefits, and unemployment benefits; unemployment benefit is calculated from average earnings and paid for a limited period.

The Constitution declares land, subsoil, water, and forests as exclusive state property; land may be granted for use, lifetime inheritable possession, or ownership (for certain purposes).

Land Code (2008) classifies land by purpose: agricultural, settlement, industrial, transport, forest, water, and reserve; land use is subject to state registration.

Land plots are granted for use on the basis of decisions of local executive and administrative bodies; lease terms may be up to 99 years for certain purposes.

Land cadastre and registration are maintained by the State Committee for Property; rights to land arise from registration in the unified state register.

Environmental protection is governed by the Law on Environmental Protection (1992); environmental impact assessment (EIA) is required for certain activities.

Natural resources use is licensed; subsoil use for extraction of minerals requires a special permit (license) and payment of taxes and fees.

Environmental liability includes compensation for harm caused by violations; administrative and criminal liability apply for illegal logging, fishing, and pollution.

Specially protected natural areas (reserves, national parks, wildlife sanctuaries) have restricted regimes; the Berezinsky Biosphere Reserve and Belovezhskaya Pushcha are protected areas.

Water Code (1998) regulates use and protection of water bodies; discharge of pollutants requires permits and is subject to payment.

Marriage is concluded in civil registry offices (ZAGS); marriage age is 18; with consent of parents and local authorities, marriage may be permitted from 16, and in exceptional cases from 14 (by decision of the regional executive committee).

Marriage is prohibited between close relatives, adoptive parents and adoptees, persons at least one of whom is already married, and persons declared incapable.

Marriage contract (брачный договор) regulates property relations only; it may not regulate personal non-property relations, rights and obligations regarding children, or limit the right to apply to court.

Property acquired during marriage is joint property; personal property includes pre-marital property, gifts, inheritance, and personal items; division may be by agreement or court.

Parental rights and duties arise from the fact of birth; parents have equal rights and duties; disputes about children are resolved by the court taking into account the child's interests.

Deprivation of parental rights is possible only by court decision on grounds including abuse, neglect, chronic alcoholism, or drug addiction.

Adoption requires consent of the child (if 10 or older), parents, and the court; adoption is established by court decision.

Child support (алименты) is determined by agreement or court; for one child, 25% of earnings; two children, 33%; three or more, 50%.

Family Code (1999) governs marriage, divorce, rights and duties of parents and children, adoption, and guardianship; divorce may be by mutual consent or through court.

The Law on the Bar and Advocacy (2011) defines advocacy as qualified legal assistance provided by lawyers (адвокаты) to individuals and legal entities.

Advocates must be members of the Belarusian Republican Bar Association; they must pass a qualification examination and obtain a license.

Advocate's duties include confidentiality (professional privilege), independence, avoidance of conflicts of interest, and compliance with the Code of Professional Ethics of Advocates.

Advocate may not represent both parties in a dispute, accept a case in which he has a personal interest, or disclose client confidences without consent.

Advocate's fees are determined by agreement with the client; the minimum rates are set by the Bar Association; contingency fees are prohibited.

Disciplinary liability of advocates is imposed by the qualification and disciplinary commissions of the Bar Association; sanctions include warning, reprimand, suspension, and termination of license.

Advocates may participate in criminal proceedings as defense counsel from the moment of detention; their access to clients in detention cannot be restricted without legal grounds.

Advocate-client privilege protects communications and documents; the advocate may not be questioned about circumstances learned in connection with legal assistance.

Advocates provide legal aid in civil, economic, administrative, and criminal cases, and may give consultations, draft documents, and represent clients in court.

Belarus is a party to the UN Charter, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights, and the Convention against Torture.

Belarus ratified the European Convention on Human Rights? No - Belarus is not a member of the Council of Europe and has not ratified the ECHR; individuals cannot apply to the European Court of Human Rights against Belarus.

The Constitution (Article 8) recognizes the priority of generally recognized principles and norms of international law; treaties ratified by Belarus are part of domestic law.

Belarus is a member of the CIS, the Eurasian Economic Union (EAEU), the Collective Security Treaty Organization, and the UN; it participates in CIS human rights conventions.

The UN Human Rights Committee has considered individual communications under the ICCPR First Optional Protocol; Belarus has not accepted all optional protocols (e.g., on the death penalty).

International humanitarian law applies in armed conflict; Belarus is a party to the Geneva Conventions of 1949 and their Additional Protocols.

The right to freedom of expression, peaceful assembly, and association is protected by the ICCPR; restrictions must be prescribed by law and necessary in a democratic society.

Refugee protection is governed by the 1951 Refugee Convention and its 1967 Protocol; Belarus has a refugee status determination procedure.

International legal assistance in civil and criminal matters is provided under the 1993 Minsk Convention and bilateral treaties; extradition requires a treaty basis and compliance with domestic law.