Belarus Advocate Qualifying Examination key terms

The supreme normative act establishing the state structure, rights and freedoms of citizens, and the organization of state power; all other laws must conform to it.

The principle that constitutional provisions apply directly and may be invoked by courts and citizens without waiting for implementing legislation, particularly for rights and freedoms.

Verification of the conformity of laws and other normative acts with the Constitution, performed in Belarus by the Constitutional Court on referrals from authorized state bodies and persons.

The principle that state power is exercised only on the basis of and within limits set by law, with legal certainty, equality before the law, and protection of rights.

The ranked order of legal sources in which lower-ranking acts must not contradict higher-ranking ones, headed by the Constitution, then constitutional laws, codes and ordinary laws.

An organization that owns or manages separate property, is liable for its obligations with that property, and can acquire and exercise civil rights and duties in its own name.

A commercial company whose charter capital is divided into shares; members bear risk of loss only up to the value of their contributions and are not liable for company debts.

A commercial organization whose property is not divided into shares and is owned by its founder, who is not liable for its debts and who appoints its sole manager.

The minimum value of property recorded in the founding documents of a commercial company that guarantees the interests of its creditors and is formed from members' contributions.

The statutory period within which a person whose right has been violated may seek judicial protection; expiry normally bars the claim, subject to suspension and interruption.

A demand addressed to a court by an interested person for protection of a disputed or violated right, comprising subject matter, grounds, and parties.

The procedural duty of a party to substantiate the facts on which its claims or objections rest; failure to establish such facts generally leads to an adverse decision.

The rule that a final court judgment on a dispute between the same parties is binding and bars a new action on the same subject matter and grounds.

The guarantee that a person accused of a crime is considered innocent until guilt is proven in the manner prescribed by law and established by a final judgment.

The accused's entitlement to know the charges, challenge evidence, present evidence, and be assisted by counsel at all stages of criminal proceedings.

A preventive measure consisting of detention of a suspect or accused pending investigation or trial, applied by court decision where statutory grounds are met.

The guarantee that a detained person may challenge the lawfulness and grounds of detention before a court, which must promptly review it.

An unlawful culpable act or omission encroaching on public order, state administration, or citizens' rights for which administrative liability is established by legislation.

A measure of state coercion imposed for an administrative offence, such as a fine, warning, or deprivation of a special right, aimed at correction and prevention.

A short-term deprivation of liberty imposed for an administrative offence in cases expressly provided by law, with the person's rights and time limits strictly observed.

The legally regulated order in which administrative bodies issue individual acts, consider citizens' applications, and conduct proceedings on administrative offences.

The state procedure by which a commercial organization or individual entrepreneur acquires legal capacity, entered into the unified register upon submission of statutory documents.

A specialized court resolving disputes arising from entrepreneurial and other economic activity between legal entities and individual entrepreneurs, including insolvency cases.

The compulsory execution of court judgments and other enforceable instruments by bailiffs, including measures to seize property and restrict debtors' rights.

An agreement between employee and employer fixing the position, duties, remuneration, and working conditions, on which the employment relationship and its guarantees are based.

A statutory trial period at the start of employment during which either party may terminate the contract on simplified grounds if performance proves unsatisfactory.

The exhaustive statutory list of reasons permitting an employer to terminate an employment contract, each requiring documented evidence and compliance with procedural guarantees.

A disagreement between employee and employer over application of labour law or the employment contract, resolved by a labour dispute commission or in court.

A part of the earth's surface with fixed boundaries, cadastral number, and legal status, which may be held in ownership, lifelong inheritable possession, or lease.

The state register and documentation recording the location, boundaries, area, and permitted use of land plots, serving as the basis for registration of land rights.

The procedure for identifying and predicting the environmental and social consequences of a planned activity before authorization, with public participation and mitigation measures.

A written agreement between spouses or persons intending to marry that regulates their property rights and obligations and may be modified or annulled only in court.

The default regime under which property acquired during marriage belongs to both spouses equally, regardless of who earned the income or in whose name it is registered.

The rule that information communicated to an advocate in confidence for legal assistance is protected and the advocate may not be questioned about it or disclose it.

A situation in which an advocate's personal, financial, or other interest could improperly influence representation, requiring disclosure, withdrawal, or the client's informed consent.

The advocate's duty to give legal assistance free from outside pressure, to decline unlawful client instructions, and to act only in the client's lawful interests.

The duty of an advocate to keep secret all information learned in connection with providing legal assistance, continuing after the relationship ends and after the client's death.

The principle allowing a state to prosecute certain grave international crimes regardless of where they were committed or the nationality of the perpetrator or victims.

The formal surrender by one state to another of a person accused or convicted of an offence, governed by treaty, national law, and human rights safeguards.

A written agreement between states or international organizations governed by international law, binding on the parties and forming part of the national legal order once ratified.