The abovementioned changes largely concern the implementation in practice of a number of Basic principles on the role of lawyers.
Paragraph 16 (a) of the Basic Principles states that "Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference." The new powers of the heads cannot be called anything other than unjustified interference, because in fact, regardless of who carries out the intervention (by the state itself or by managers appointed in agreement with it), it will take place.
Paragraph 16 (c) of the Basic Principles states that governments will also ensure that lawyers "shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics." The increased level of control over fees, which is introduced by methodological recommendations, seems to be an intervention not provided for not only by international acts, but even by the Attorneys' Rules of Professional Ethics in Belarus, by which issues relating to fees, as mentioned above, are formulated quite freely and streamlined.
The creation of an additional basis for initiating a disciplinary procedure also affects the principle of a "fair disciplinary procedure". Pursuant to this principle, as set out in paragraph 27 of the Fundamental Principles, allegations or complaints against lawyers acting in their professional capacity are subject to prompt and objective consideration in accordance with due process. Lawyers have the right to a fair hearing, including the right to assistance of a lawyer of their choice. In accordance with paragraph 28 of the Basic Principles, disciplinary action against lawyers is considered by an impartial disciplinary committee constituted by lawyers, an independent body established by law or a court and is subject to independent judicial review. However, as is known, after amendments to the legislation on the legal profession, the functions of disciplinary commissions were transferred to the councils of territorial bars and BRBA (Article 22 of the Law "On the Bar and Legal Activities"), which raises questions about the competence and fairness of consideration of disciplinary cases.
It should also be remembered that paragraph 22 of the Basic Principles states that "Governments shall recognize and ensure the confidential nature of all communications and consultations between attorneys and their clients within the framework of their professional relationships", but the new powers will allow the head to intervene much more deeply than previously between a attorney and a client, because in fact, many aspects of setting a fee may concern confidential information, which in this case would be completely unreasonably provided to the head (previously, such violations of confidentiality could be discussed if the case concerned, for example, disciplinary proceedings based on a complaint of this citizen, however in this case, the information would be provided to the disciplinary body of the board and, most likely, with the consent of the client, who, with a high degree of probability, would himself initiate the disciplinary proceedings). Constant monitoring of the attorney's whereabouts may also infringe on the confidentiality of the attorney-client relationship.
Paragraph 23 of the Basic Principles provides that "Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession." Giving the head the right to control the attorney's statements in the media and on the Internet, as well as in fact the right to act as a censor (to identify shortcomings, bring information about them to the attorney's attention, ensure their elimination, give mandatory instructions for the attorney), significantly limits the attorney's freedom of expression, violating this principle.