Belarus Advocate Qualifying Examination flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Constitutional supremacy

The Constitution of Belarus has supreme legal force and direct effect; laws and other normative acts inconsistent with it are invalid and must be amended or repealed.

All-Belarusian People's Assembly

A constitutional body established by the 2022 amendments; it decides strategic domestic and foreign policy matters and may consider constitutional amendments, functioning alongside the National Assembly.

Presidential eligibility requirements

A candidate for President must be a Belarusian citizen by birth, at least 40 years old, resident in Belarus for at least 20 years, with no foreign citizenship or residence permit.

Limitation period

The general period is three years from when the person learned or should have learned of the violation of the right; maximum extension for certain claims is ten years.

Void versus voidable transaction

A void transaction is invalid regardless of court recognition (contrary to law, sham); a voidable transaction is invalid only upon court declaration (fraud, duress, mistake).

Civil legal capacity

Full civil capacity arises at 18; minors aged 14 to 18 have partial capacity and may make major transactions with guardian consent; minors under 14 act through representatives.

Crime gravity categories

Crimes are classified as minor (up to 2 years), less serious (up to 5 years), serious (up to 10 years), and especially serious (over 10 years or life imprisonment).

Age of criminal responsibility

Criminal liability generally arises at 16; for listed serious crimes such as murder, rape, theft, and robbery, liability arises at 14.

Detention time limit

A suspect may be detained without a court decision for no more than 72 hours; further detention requires court authorization subject to periodic review.

Administrative arrest

An administrative penalty imposed only by a court, generally for up to 15 days, and up to 30 days for certain violations such as violation of the state border regime.

Base value

A unit established by law for calculating fines, taxes, fees, and other payments; administrative fines are often expressed as a number of base values.

Administrative offence

An unlawful, culpable act or omission encroaching on state or public order, property, or rights and freedoms, for which administrative liability is established by the Code.

State registration of entities

Carried out by local executive and administrative bodies upon submission of required documents, generally completed within one working day; registration data enters the unified state register.

Limited liability company

A commercial entity whose charter capital is divided into shares; participants are not liable for its debts and bear risk only up to their contributed shares.

Claim procedure

A mandatory pre-trial step for certain economic disputes: the claimant sends a written demand, and the respondent has 30 days to respond unless otherwise agreed.

Economic insolvency

Bankruptcy proceedings under the 2012 Law apply where a debtor cannot satisfy creditors' claims for three months; the economic court administers the case.

Probation period

A trial period in an employment contract, generally up to three months and up to six months for certain positions; certain categories such as minors are exempt.

Annual paid leave

The minimum annual paid leave is 24 calendar days; additional leave is granted for hazardous conditions, irregular working hours, and long service.

Retirement age

The statutory pension age in Belarus is 63 for men and 58 for women, following gradual increases; old-age pensions require the minimum contribution period.

Land ownership restriction

Land, subsoil, water, and forests are exclusively state property under the Constitution; land may be granted for use, lifetime inheritable possession, or ownership for specified purposes.

Land categories

The Land Code classifies land by purpose into agricultural, settlement, industrial and transport, forest, water, and reserve lands; use is subject to state registration.

Environmental impact assessment

A procedure required for certain planned activities to identify and evaluate their environmental effects before authorization; governed by the Law on Environmental Protection.

Marriage age

Marriage is permitted from 18; with parental and local authority consent from 16, and in exceptional cases from 14 by decision of the regional executive committee.

Marriage contract

An agreement regulating only the property relations of spouses; it may not regulate personal non-property relations, children's rights, or limit access to court.

Child support percentages

Court-awarded child support is 25% of earnings for one child, 33% for two, and 50% for three or more children, unless an agreement provides otherwise.

Advocate confidentiality

Professional privilege protects client communications and documents; an advocate may not disclose or be questioned about circumstances learned while providing legal assistance.

Advocate's license

A license issued after passing the qualification examination and membership in the Belarusian Republican Bar Association; it is required to practice advocacy.

Conflict of interest

A situation where the advocate's personal interest or representation of another party conflicts with the client's interests; the advocate must decline or withdraw from the case.

ECHR and Belarus

Belarus is not a member of the Council of Europe and has not ratified the European Convention on Human Rights; individual applications against Belarus to the Strasbourg Court are not possible.

ICCPR

The International Covenant on Civil and Political Rights, ratified by Belarus, protects rights such as expression, assembly, fair trial, and prohibits torture; the UN Human Rights Committee monitors compliance.

Minsk Convention

A 1993 CIS treaty on legal assistance and legal relations in civil, family, and criminal matters, providing a basis for mutual legal assistance and extradition among member states.

Refugee status

Protection granted under the 1951 Refugee Convention and its 1967 Protocol to persons fleeing persecution; Belarus maintains a refugee status determination procedure.