Pro Bono Practice and Opportunities in Belarus

The legal professionals in Belarus are primarily composed of:

• advocates, who can only be individuals; and
• commercial attorneys, which may be either commercial organisations or individual entrepreneurs. Unlike advocates, commercial attorneys cannot represent their clients in the state courts of Belarus.

There is a distinction between provision of legal services and legal assistance. Legal services are provided by commercial attorneys and are subject to licensing requirements (licence to provide legal services) in accordance with the Law of the Republic of Belarus dated 14 October 2022 No.213-3 “On licensing” (the Licensing Law).^[2] Legal assistance is provided by advocates, who are subject to licensing requirements (licence to provide legal assistance) in accordance with the Law of the Republic of Belarus dated 30 December 2011 No. 334-З “On Advocacy and Legal Practice” (the Advocacy Law).^[3] Licensing is conducted by the Ministry of Justice of Belarus (MoJB).

For in-house lawyers, the differences are as follows:

• There are no differences in the laws or rules regulating the provision of legal services for in-house counsel as compared to lawyers in private practice.

In terms of licensing requirements, pursuant to the Licensing Law and the Advocacy Law: Licences to practice law in Belarus are issued only to Belarussian legal entities or citizens. Therefore, foreign lawyers and foreign law firms are prohibited from the practice of law in Belarus.

The requirements for commercial attorneys willing to provide legal services are as follows:

• Individual entrepreneurs must be Belarusian citizens, must hold a legal degree, have at least three years of professional experience in the legal sphere, and have confirmation of passing a certification exam; and Commercial organisations must have a director, deputy directors, and employees.
• All employees at commercial law firms, except for technical and support staff, must have a legal degree, and at least two of them must have certificates of passing an exam. Employees who have such certificates must be Belarusian citizens, and their work for the commercial organisation must be their main place of work with the mandatory conclusion of an employment contract with a fixed working time of at least the normal working time established by labour legislation.
• Advocates willing to provide legal assistance must be Belarusian citizens with a recognised legal education who have completed an internship at an advocate office: with at least three years of professional experience — for three to six months; without three years of professional experience — for six months to one year.
• Applicants who have worked in courts, prosecutor’s offices, the MoJB system, law enforcement agencies, and in the structural divisions (secretariats) of such bodies, whose candidacies are submitted by the heads of the relevant republican bodies, undergo an internship for up to three months.
• Advocates must also pass a qualification exam set by the qualification commission of the MoJB. Advocates obtain licences for the provision of legal assistance and must be admitted to the territorial bar association. Both advocates and commercial attorneys must pass exams to provide legal services and legal assistance.

Pro bono legal aid may also be provided under the Edict of the President of Belarus dated 1 July 2005 “On Provision of Gratuitous (Sponsor) Aid” (No. 300) (the Edict on Gratuitous Aid)^[4] for specified purposes, including the development of art, sport, or social protection of citizens. Pursuant to the Edict on Gratuitous Aid, persons providing sponsor aid (including in the form of free legal services) must enter into an agreement with the recipients of the aid in which the parties agree on the aim, amount, and procedure for providing sponsor aid. A template sponsor aid agreement has been developed by the government of Belarus.

Under the Advocacy Law, advocates are required to provide pro bono legal assistance, which means that in certain cases (described below), their fees will be covered not by the clients, but by the bar association or from republican or local budget resources.

Lawyers in Belarus are not required to obtain a licence to provide pro bono legal services (beyond the usual local qualification to practice law).

Foreign lawyers and foreign law firms are not allowed to practice law in Belarus.

Lawyers in Belarus are not required to work a minimum number of pro bono hours.

Aspiring lawyers in Belarus are not required to complete a minimum number of hours of pro bono legal services in order to become a licensed lawyer.

There are no aspirational pro bono hours targets for lawyers set by the local bar association, regulatory body, or other body.

Lawyers in Belarus do not receive any “CLE or equivalent credit for pro bono hours worked.

Lawyers in Belarus do not require professional indemnity legal insurance coverage for any pro bono legal services that they provide. The requirement does not differ for in-house lawyers.

There are no rules in Belarus that prohibit advertising of pro bono successes or soliciting new pro bono clients.

Given the lack of an established pro bono culture in Belarus, there is a wide range of unmet legal needs across various areas of law. However, the most pressing needs are in the following areas: criminal law, labour relations law, property and housing law, and social security law.

As noted below, law firms in Belarus that operate as commercial attorneys do not typically establish pro bono legal programmes. However, they do conduct pro bono legal work on a case-by-case basis. Advocates provide pro bono legal assistance in the categories of cases directly specified in the relevant legislation (the Advocacy Law). Otherwise, pro bono legal assistance is provided by NGOs and legal clinics, subject to certain limitations, and by consumer protection associations in the sphere of consumer rights issues.

There are no noteworthy examples of innovative technology or AI being used in Belarus to enable access to pro bono legal services or otherwise as part of pro bono cases or matters.

In certain cases, legal assistance on pro bono matters can be provided by:

1. advocate offices who are admitted to practise by the applicable regional bar association;
2. advocates appointed at the request of the court;
3. commercial attorneys of law firms;
4. trade unions and consumer protection associations:^[5] and
5. legal clinics ^[6] (detailed below).

The Belarusian Republican Bar Association represented by advocates provides legal assistance on pro bono matters, which includes general guidance.^[7] There are no more sources in order for advisors to locate clinics or other work, since the cases of providing legal assistance on pro bono matters are quite limited (as otherwise described herein).

The right to legal assistance: Article 62 of the Constitution of Belarus states that everyone shall have the right to legal assistance. However, in practice, legal assistance is available only in a limited number of situations. Legal assistance is provided:

• at the expense of regional bar associations, or
• at the expense of national or regional budgets in situations set out in Article 28 of the Advocacy Law.

Pro bono legal assistance is provided in the following cases at the expense of the applicable regional bar association:

• for plaintiffs that have labour or alimony or parental rights claims in the courts of first instance;
• oral advice for participants and invalids of the Great Patriotic War, invalids of military operations on the territory of other states, in connection with non-business-related matters;
• for citizens of Belarus in connection with the establishment of the fact of receiving salaries for a specific period in a certain amount for the appointment of pensions, on the recognition of a citizen with limited legal capacity or incapacity;
• oral advice for certain disabled persons that does not require review of documents;
• for a low-income parent in a single-parent family who is raising a child under the age of 18, for parents (adoptive parents) in large families — when giving oral advice that does not require review of documents;
• for minors — in their interests;
• for minors or their parents/guardians in connection with the protection of the minor’s interests;
• for pensioners and people with disabilities staying (residing) in social service institutions providing in-patient social services, as well as legal representatives of citizens declared legally incompetent by the court, when giving advice on issues related to ensuring and protecting the rights and legitimate interests of these citizens;
• for pregnant women — when giving oral advice on issues related to the birth of a child;
• for other categories of citizens — by decision of the bar association.

Legal assistance in these matters is provided by advocate offices who are admitted to practise by the applicable regional bar association. The regional bar associations determine the procedure for providing legal aid.

Legal assistance is provided to the victims of human trafficking or terrorism from the national budget. Reimbursement of advocates’ fees for the provision of such legal assistance is made in accordance with the Resolution of the Council of Ministers of the Republic of Belarus dated 6 February 2012, “On Procedure of Reimbursement of Advocates’ Fees for Provision of Legal Aid to Victims of Human-trafficking and Terrorism” (No. 122), as follows:

• 100% of the base value for one working day in the Supreme Court and in Minsk city regional courts; and
• 75% of the base value for one working day as a representative of a victim (victim of human trafficking, a person injured as a result of an act of terrorism) in the district (city) courts, where such work can include giving consultations and explanations on issues of social protection and rehabilitation of victims of human trafficking, persons injured as a result of an act of terrorism, drafting of statements, complaints, and other legal documents.

Legal assistance is provided to criminal suspects or defendants from the applicable regional budget by advocates appointed at the request of the court. Reimbursement of advocates’ fees for the provision of such legal aid is determined by the Resolution of the Ministry of Justice and the Ministry of Finance of the Republic of Belarus dated 30 August 2007 “On Instruction of Reimbursement of Advocates’ Fees from Regional Budgets” (No. 57/129), as follows:

• 150% of the base value for one working day at the appointment in the Supreme Court and in Minsk city regional courts; and
• 110% of the base value for one working day at the appointment of district (city) courts, criminal prosecution authorities. Importantly, advocates’ fees for the provision of legal assistance to criminal suspects and defendants that are paid out of regional budgets must be reimbursed by such individuals in the event they are found guilty by the court.

Each regional bar association can also determine other categories of individuals to whom its members can provide legal assistance at the expense of such bar association in addition to the categories of individuals eligible to receive mandatory legal assistance (set out above).

Law firms in Belarus that operate as commercial attorneys do not typically establish special pro bono legal programmes. Pro bono work is conducted by them on a case-by-case basis and is not generally considered to be notable or prestigious.

NGOs can generally provide limited pro bono legal assistance in the form of oral legal advice under the Act on Legal Education. There are also special types of NGOs that can provide free legal services on specific matters, such as trade unions and consumer protection associations. In particular, pursuant to the Law “On Protection of Consumers’ Rights” dated 9 January 2002 (No. 90-3),^[8] consumer protection associations are entitled to:

• provide free legal consultations to consumers on the protection of their rights;
• submit claims on behalf of consumers to manufacturers or, as the case may be, sellers, suppliers, or their representatives; and
• submit claims on behalf of consumers to courts and also represent consumers’ interests in courts.

In accordance with the Act on Legal Education, legal clinics established by universities can carry out free oral legal consultations to vulnerable social groups, such as indigent citizens, the disabled, veterans of the Second World War, orphans, and single mothers. These consultations are provided by students under the supervision of their professors. Legal clinics have been established at the Belarussian State University, Belarussian State Economic University, Polotsk State University, Grodno State University, Vitebsk State University, Gomel State University, Brest State University, Baranovichi State University, Mogilev State University, the Educational Institution of the Federation of Trade Unions of Belarus “MITSO International University”, and the Academy of Public Administration.

There is currently no public or private organisation in Belarus with which a local or foreign lawyer can register to be made aware of pro bono opportunities.

There are no awards, lists, or rankings related to pro bono work in Belarus.