Yesterday, a new stress day was held for the Belarusian Advocacy - only one was held an unscheduled certification in the Ministry of Justice from seven specialists. Three will soon lose their licenses. Who caused? Those who dealt with "political" affairs and publicly signed petitions. Lawyer Elena Shinkarevich told Onliner that yesterday took place in the Ministry of Justice and why, in her opinion, the department arranged an extraordinary "test of knowledge."
Ministry of Justice: "Separate lawyers showed a low level of knowledge of the current legislation"
The press service of the Ministry of Justice announced yesterday that the qualification commission on advocacy issues in the country held an extraordinary certification of lawyers.
"... The Ministry of Justice in 2020 carried out a planned verification of the activities of the Minsk regional board of lawyers to fulfill the lawyers of licensing requirements and the conditions for the implementation of advocacy. During the inspection, the facts of violation of the lawyer's lawyers were established, the rules of professional ethics of a lawyer, violations were identified in the preparation of legal documents, legal assistance agreements, orders. The violation of the legislation identified during the inspection testify to the improper fulfillment by individual lawyers their professional duties, which is the basis for holding the qualifying committee on advocacy in the Republic of Belarus an extraordinary certification of lawyers, "said the prehistory in the department.
Yesterday, the Commission held a certification of seven lawyers in the Minsk Regional Bar Association. What do you think? Only one seven lawyer fully complies with the requirements of the legislation. Not completely - three. Their certification was postponed for six months, subject to the implementation of the recommendations. The Commission considered that three specialists cannot work with lawyers "due to insufficient qualifications."
"In the course of certification, individual lawyers showed a low level of knowledge of the current legislation. The lawyers should constantly improve their professional level in order to provide professional legal assistance to its customers to which they reasonably expect, "the Ministry of Justice shared the Free Council.
Lawyer: "All of those present yesterday in the Ministry of Justice signed at least one petition"
Elena Shinkarevich - a lawyer, which was not qualified enough, talks about yesterday's meeting in the ministry and that he led to it.
- It all started with the inspection of the Ministry of Justice of the Minsk Regional Bar. The check was to go through the spring of 2020, but due to Coronavirus, it was transferred to autumn. When they checked, we were already a little clear the focus: they walked different rumors, including what they check those who signed various petitions, "lit up" and so on, - Elena Shinkarevich starts.
The check was, it can be said, purely bureaucratic: looked at the design of contracts, reports, orders and financial documents.
- According to the results of the inspection, it became even more obvious that the most closely checking individuals, "says lawyer. - In my consultation especially tested me and Colleague Andrei Bartashevich, it was noticeable. As a result, nothing seriously found: exclusively bureaucratic issues related to office work. In one copy, the order is not worth my signature, somewhere in the registration magazine for one day the date of the contract is confused - that is, nothing that could talk about the poor-quality provision of legal aid or even violation of financial discipline.
What could such violations lead to? Elena says that to attract a lawyer or head of disciplinary responsibility or under the "strengthening of political repression, even to the formulation of the issue of poorly fulfilled by the lawyer of his professional duties." This can be the basis for extraordinary certification in the Ministry of Justice, which happened in the case of Elena and nearby lawyers.
- everyone understood that all lawyers found enough disorders, but non-serious. We thought I would just write a letter that I had eliminated the shortcomings, and would continue to work. But in February, the conference was held in our board with a representative of the Ministry of Justice, one of the lawyers made an audio recording, and everything went to the network. This speech said that lawyers who could not remain out of politics are ballast of advocate, from which it is necessary to get rid of. After a while - February 16 - representatives of the board wrote that in the Ministry of Justice I will have an extraordinary certification of March 3, I urgently need information about my professional activity - for characteristics, - recalls Schinkarevich.
According to her, notifying the re-certification of lawyers should be 40 days before it, but in the case of Elena, the deadlines were violated.
- Yesterday there were seven lawyers on the certification. I know that on March 24, there were still several people - I can't call the exact amount. All those present yesterday in the Ministry of Justice signed at least one petition. Fully certification eventually passed only one lawyer, three (among them) were recognized as not enough qualified - we all worked on the "political" affairs and signed petitions. This subsequently leads to the exclusion from the board of lawyers and the termination of the license, - explains the lawyer.
How is the re-printing? The Special Commission conducts an interview and asks questions throughout the legislation. Elena Shinkarevich is mainly engaged in economic law, recently - administrative "political" processes.
- First read your characteristics identified during the violation check and ask questions. In my situation, questions were as if specially not from the sphere you are doing - so as not to give God you could clearly answer them. 80% of questions asked me from criminal and criminal procedure codes. The worst thing is that the Commission requires a literal response: any departure from the quote for it means the wrong answer. (...) An hour after the certification, when everything is absorbed, you understand that in essence answered everything right, but not literally, "Elena recalls.
At the end of the conversation, the lawyer says, the representative of the Ministry of Justice asked her about signing a long-standing petition against violence, a reference to which Elena Facebook-Account is published. Hinted on the call.
- It was not a lawyer petition. I explained that this is not my call, but an automatically formed link. Nevertheless, I do not refuse my opinion and still support it. Including because he participated in appealing decisions about the formation of precinct election commissions, where I saw how many violations of electoral legislation. I think they realized that I would stand on my own and I'm not going to repent and rummage, "Schinkarevich says. - I have it written in the decision that all members of the Commission - 15 people - voted for recognition of me not qualified.
Lawyer Elena Shinkarevich participated in more than 100 "political" administrative affairs. Soon she will not be able to engage in lawyers.
Onliner appealed to the Ministry of Justice with the request, which is the procedure for the certification of a lawyer, how the answer is counted as correct or wrong and is it really important to literally reproduce one or another excerpt from legislation. Also, Journalist Onliner appealed to the Office for the comment on the re-certification of lawyer Elena Shinkarevich. As soon as we get the answer, it will appear here.
Recall, earlier the Qualification Commission of the Ministry of Justice ceased to the licenses of the following lawyers
Alexandra Pylchenko (was the defender of Maxim and Maria Kolesnikova), Lyudmila Kazak (defended Maria Kolesnikov), Mikhail Kirilyuk (enters the coordination council, was one of the defenders of Yuri Voskresensky), Maxim Conon (was detained under the administrative article 23.34), Konstantin Mikhel ( Lawyer Bureau VMM Vlasov, Michel and Partners).
Our channel in Telegram. Join now!
Is there something to tell? Write to our telegram-bot. It is anonymously and fast