Advocacy — a legal institute, which includes independent, voluntary, professional association of individuals engaged in advocacy activities, and individual persons engaged in private law practice. The Advocacy in accordance with the Constitution of the Republic of Uzbekistan provides legal assistance to citizens of the Republic of Uzbekistan, foreign citizens, stateless persons , enterprises, institutions, organizations.
The legislation on advocacy in the Republic of Uzbekistan consists of this Law and other acts of legislation of the Republic of Uzbekistan.
Attorney in the Republic of Uzbekistan may be a citizen of the Republic of Uzbekistan, which has a higher legal education and received a license on the right to exercise with law activities (hereinafter — the license) in the established order.
The advocacy activity is not permitted persons recognized in the established procedure incapable or limited capable, as well as state of conviction not completed or not cancelled.
activities in the Chamber of Attorneys of the Republic of Uzbekistan (hereinafter — the Chamber of Attorneys) and its territorial departments;
acting as an employee of the legal service of state bodies, economic management bodies, state enterprises, institutions and organizations on a contractual basis;
License issued by the Ministry of Justice of the Republic of Karakalpakstan, Justice departments of regions and Tashkent city (hereinafter - bodies of Justice) on the basis of the decisions of the relevant qualification commissions.
To obtain a license the person claiming to acquire the status of attorney (hereinafter — the applicant), should have experience of working on the legal profession not less than two years, in fact those with the passing of the internship in an advocacy structure (advocacy bureau, advocacy firm, board of attorneys, legal consultation office) for a period of at least three months, and is required to pass a qualification exam.
A person who has been working in the legal profession for at least three years as an employee of the legal service of state bodies, economic management bodies, state enterprises, institutions and organizations, in the position of a judge, investigator, inquiry officer or prosecutor, has the right to participate in the qualification exam without undergoing an internship in the advocacy structure.
The applicant, who has not passed the qualifying examination may be allowed to resubmit after six months.
The applicant, successfully passed a qualifying exam in over three months must apply to the relevant body of Justice to obtain a license. An applicant who misses this deadline may apply to the body of Justice for a license only after passing the qualification exam again.
The procedure for licensing advocacy activity is determined by the Cabinet of Ministers of the Republic of Uzbekistan.
The applicant, received the license in the established order in over three months, is obliged to bring the oath of the attorney and individually or jointly with other persons having a license to create an advocacy structure or join in one of the existing advocacy structure.
Advocacy certificate is issued within three working days from the moment of the registration of advocacy structure or receipt by the Justice body of documents confirming the entering to the existing advocacy structure.
From the day of issuance of the advocacy certificate the applicant gets the status of an attorney, the body of Justice notifies the relevant territorial department of the Chamber of Attorneys in a three-day period about this. From the moment of receipt of such notification the attorney shall be a member of the Chamber of Attorneys.
The form of the certificate of attorney and the procedure for its issuance shall be established by the Cabinet of Ministers of the Republic of Uzbekistan.
The Advocacy carries out its activities on the basis of the rule of law, independence and other democratic principles.
A person who has received in the established order of the license shall be entitled to carry out advocacy activities individually by opening advocacy bureau, or form with other attorneys (partners) advocacy firm, or board of attorneys on the basis of membership, or join in one of these existing advocacy structures, or to engage in advocacy activities, working in legal consultation office. Attorney has the right to carry out his/her activities only in one advocacy structure.
Registration of advocacy bureau, advocacy firm and board of attorneys, as well as taking into account legal consultation office carried out by the bodies of Justice in accordance with the procedure established by the Cabinet of Ministers of the Republic of Uzbekistan.
The procedure for the formation, activity, reorganization and liquidation of advocacy structures, their structure, staff, functions, the procedure for spending funds, the powers of governing bodies, the procedure for their election and other issues related to the activities of advocacy structures are regulated by their charters (regulations), constituent agreements.
Advocacy bureau, advocacy firm and board of attorneys acquire the status of a legal entity from the date of their registration. Legal consultation office is entitled to carry out their activities with the date of its taking into the account.
Attorneys have established advocacy firm may carry out its activities also in residential premises owned by them on the right of ownership or on other legal grounds, in this case translation of residential premises owned by attorney on the right of property into the non-residential premises for their use in the activities of a advocacy bureau is not required.
Advocacy structures are provided at the expense of money (income) received from citizens and legal entities for providing them with legal assistance, and other funds not prohibited by law.
Advocacy firm and board of attorneys are entitled to create their own separate subdivisions (representative offices and branches) in the territory of the Republic of Uzbekistan and in foreign states in accordance with their legislation. At the same time, advocacy firm and board of attorneys shall notify the registration body in advance of the decision to open a separate division.
Advocacy bureau — an advocacy structure, which is a non-profit organization established by an attorney to carry out advocacy activities individually.
Advocacy firm is an advocacy structure, which is a non-profit organization based on partnership and established by attorneys to carry out advocacy activities.
Attorneys have established advocacy firm, concluded between a partnership agreement in a simple written form. According to the partnership agreement, attorneys — partners undertake to combine their actions to provide legal assistance on behalf of all partners.
The partnership agreement shall indicate the period of its validity, the procedure for making decisions by partners, the election of a manager partner, his/her powers and other essential conditions.
Maintain general affairs advocacy firm is carried out by manager partner, if otherwise not established a partnership agreement. An agreement (contract) on the provision of legal assistance with a principal (client) is concluded by the manager partner or other partner on behalf of all partners on the basis of the powers of attorney issued by them. The power of attorney indicates all restrictions on the authority of the partner concluding agreements (contracts) and transactions with principals (clients) and third parties. These restrictions are brought to the attention of the principal (client) and third parties.
termination or suspension of the status of an advocacy, which is one of the partners, if the partnership agreement does not provide for the preservation of this agreement in relations between other partners;
termination of the partnership agreement at the request of one of the partners, if the partnership agreement does not provide for the preservation of this agreement in relations between other partners.
From the moment of termination of the partnership agreement, its participants shall be jointly and severally liable for unfulfilled general obligations with respect to principals (clients) and third parties.
When one of the partners withdraws from the partnership agreement, he/she is obliged to transfer to the manager partner the proceedings in all cases in which he/she provided legal assistance.
Attorney, who has released from the partnership agreement, is responsible before the principals (clients) and third parties on the general obligations arising in the period of its participation in the partnership agreement.
After the termination of the partnership agreement, attorneys are required to make a new partnership agreement. If the new partnership agreement is not made within a month from the date of termination of the action of the former partnership agreement, the advocacy firm is subject to conversion into another form of advocacy structure or elimination.
From the moment of termination of the partnership agreement and until the moment the advocacy firm is transformed into another form of advocacy structure or the conclusion of a new partnership agreement, attorneys are not entitled to conclude agreements (contracts) on provision legal assistance.
The board of attorneys is an advocacy structure that is a non-profit organization based on membership and established by attorneys to carry out advocacy activities.
The constituent documents of the board of attorneys are the charter approved by its founders and the constituent agreement concluded by them.
In the constituent agreement founders define the conditions of the transfer of their property to the board of attorneys, the order of participation in its activities, the procedure and conditions for admission of new members to the board of attorneys, procedure and conditions of withdrawal of founders (members), as well as rights and obligations of founders (members) of the board of attorneys.
Agreements (contracts) on the provision of legal assistance in the board of attorneys are concluded between the attorney and the principal (client) and are registered in the documentation of the board of attorneys.
The board of attorneys for providing legal assistance shall be entitled to establish branches outside the place of its location.
Legal consultation office is a legal formation created by the territorial department of the Chamber of Attorneys to carry out advocacy activities and not having the status of a legal entity.
Legal consultation office is created by the territorial department of the Chamber of Attorneys in cases of insufficient number of advocacy structures in the relevant territory to satisfy the needs for legal assistance.
The need for legal assistance in the relevant territories is determined in accordance with the standards approved by the Ministry of Justice of the Republic of Uzbekistan and the Chamber of Attorneys.
The matters related to the procedure and conditions for material and technical provision of legal consultation office, the release of the service and, if necessary, of residential premises for attorneys, assigned to work in legal consultation office, shall be resolved by the territorial department of the Chamber of Attorneys, together with the authority of the district, city.
Legal consultation office is based on a regulation approved by the relevant territorial department of the Chamber of Attorneys.
carry out representation in court, other state bodies, behalf of individuals and legal entities in civil, economic and administrative cases and cases of administrative offenses;
be involved in the stage of inquiry, preliminary investigation and in court on criminal cases in as defense counsel, representative of the victim, civil plaintiff, civil defendant;
carries out representation in the arbitration court and international commercial arbitration (court);
to represent the interests and protect the rights of physical and legal persons on their behalf at their request in all the bodies, enterprises, institutions and organizations in the jurisdiction of which includes the resolution of relevant issues;
to collect and present evidence, which shall be attached to the materials of the criminal case or the case on an administrative offense, as well as is subject to mandatory assessment in the course of pre-investigation inspection, inquiry, preliminary investigation and the consideration of the case in court or in bodies, considering the case on administrative offenses and other authorized organs;
to request and receive certificates, specifications and other documents necessary in connection with the provision of legal assistance from state and other bodies, as well as enterprises, institutions and organizations that are required to submit to the attorney the documents or their certified copies requested by him/her in the manner prescribed by law;
to request and receive written expert opinions, certificates and expert advice on issues necessary for the provision of legal assistance with the consent of the principal (client);
to interrogation of persons familiar with business information and obtaining written explanations with their consent;
to submit the collected materials to the courts and other state bodies that carry out the proceedings in the case of his/her principal (client);
to record essential data in the materials and documents or take copies from the materials and documents with the help of technical means or to fix in a different form of information contained in the case at his/her expense, not disclose the information contains of state secrets, commercial or other secret;
to freely meet with your principal (client) alone, in the circumstances, to ensure confidentiality (in fact including in the period of detention of his/her under custody), with no restrictions number of visits, their duration and without the permission of government authorities and officials of the persons responsible for the production of the case;
to declare the petition and to submit complaints to officials and receive from them reasonable answers in written form;
An attorney is obliged in his/her professional activity to comply with the requirements of the current legislation, the Rules of Professional Ethics of Attorneys, advocacy secrets and the oath of attorney, use the means and methods prescribed by law to protect the rights and legitimate interests of individuals and legal entities who have applied to him/her for legal assistance.
Attorney is not entitled to take an assignment on the provision of legal assistance in cases when the interests of persons providing legal assistance or provided legal assistance in a particular case are contrary to the interests of the applicant, or in the cases that he/she was a participant as a judge, prosecutor, investigator, inquiry officer, public accuser, clerk of the court, expert, specialist, representative of the victim, civil plaintiff, civil defendant, witness or translator, as well as if the official, who is a relative of the attorney, participated or are being participated in investigation of the case in the form of inquiry or preliminary investigation or in court, as well as if the attorney is directly or indirectly interested in the case, and this is contrary to the interests of the trustee (client).
The attorney does not have the right to use its powers in damage to the person, in the interests of which took the assignment to protect, and to reject to protect the suspect, the accused, the defendant, if he/she is not to be released by this principal (client).
The attorney is obliged to constantly improve their knowledge, not less one times in three years to carry out raising their professional qualifications in accordance with the procedure established by the Chamber of Attorneys.
Attorney assigned to participate in a criminal case shall not be entitled to refuse to provide legal assistance on the grounds of insolvency of a citizen.
When preparing and carrying out transactions with monetary funds or other property behalf of individuals and legal entities attorneys provide the information related to the combating the legalization of proceeds from crime, financing of terrorism and financing of the proliferation of weapons of mass destruction to the specially authorized state body in cases and order, provided by the legislation.
The attorney has the right to direct to the public and other authorities, as well as enterprises, institutions and organizations an attorney request on matters entering into the competence of these bodies and organizations, on the presentation of information, references, specifications and other documents (hereinafter - the information (documents) necessary for the provision of qualified legal assistance by attorney (hereinafter — the attorney request).
Information (documents), as well as their copies shall be submitted no later than fifteen days from the date of receipt of the attorney request.
In case, if the government or other body, as well as enterprise, institution, organization does not have the requested information (documents), then they are obliged in a period not later than five days from the date of receipt of the request to report on this the attorney who has applied.
In the case of the document was submitted about the beginning of the inquiry, preliminary investigation or court proceedings on the case by attorney in the request information (documents) must be submitted not later than three working days.
name and postal address of the state or other body, as well as the enterprise, institution, organization where the request will be sent;
name, postal address, e-mail address, phone number of advocacy structure, in which the attorney carries out his/her activities;
surname, name, patronymic of the physical person or the name of the legal entity, in whose interests acts attorney;
the method of submission of the requested information (documents) (postage, facsimile communication, e-mail, direct submission);
The presentation of requested information (documents) to attorney can be denied in the case, if the subject has received the attorney request does not have the requested information (documents) or they contain state secrets or other protected secret by law, and also, if in the attorney request the information (documents ) mentioned in the parts five and six of this article is not provided.
The attorney request can be sent in electronic form via the information system with the observance of advocacy secrecy.
Failure to submit, untimely submission or submission of knowingly false or misleading information (documents) to the attorney request entails for a liability in accordance with law.
Attorney’s assistant not may be a person who is recognized in the established procedure incapacitated or limited legal capacity, as well as whose state of conviction was not cancelled or ended.
Attorney’s assistant does not have rights of an attorney and not allowed to conduct affairs in the bodies carrying out pre-investigation check, bodies of inquiry, preliminary investigation, the courts and other governmental bodies.
Attorney’s assistant at the instruction of an attorney performs tasks of business, in the proceeding of an attorney, with the exception of cases concerning the procedural powers of the attorney.
The working conditions of the attorney’s assistant are determined by the labor contract concluded in the manner prescribed by law.
The procedure for organizing the activities of the attorney’s assistant is determined by the Ministry of Justice of the Republic of Uzbekistan in agreement with the Chamber of Attorneys.
Attorney’s trainee is not may be a person who is recognized in the established procedure incapacitated or limited legal capacity, as well as whose state of conviction was not cancelled or ended.
The internship takes place in the advocacy structure. Attorney’s trainee carries out his/her activities under the guidance of attorney, carrying out his/her individual assignments. Intern is not entitled to independently engage in advocacy activities.
The working conditions of the attorney’s trainee are determined by the employment contract concluded in the manner prescribed by law.
The procedure for organizing the activities of attorney’s trainee is determined by the Ministry of Justice of the Republic of Uzbekistan in agreement with the Chamber of Attorneys.
An attorney is required to keep advocacy secret. The subject of the advocacy secret consists of the fact of apply the principal (client) to help from an attorney, matters for which the principal (client) asked for help, the essence of consultation, suggestions and clarifications received by the principal (client) from an attorney, all other information relating to the content of the conversations attorney with a principal (client).
Attorney, attorney’s assistant attorney, attorney’s trainee, official persons and technical employees of advocacy bureau, advocacy firm and board of attorneys are prohibited to disclose the information, constituting the subject of law secrets, and use the information in their own interests or the interests of third parties.
Advocacy activities carried out on the basis of an agreement (contract) for the provision of legal assistance, concluded between the attorney and the principal (client).
Agreement (contract) for the provision of legal assistance is a civil contract, concluded in a simple written form between the principal (client) and an attorney to provide legal assistance to the principal (client) or person assigned by him/her.
Issues of termination of the agreement (contract) for the provision of legal assistance are regulated by the Civil Code of the Republic of Uzbekistan, if otherwise not provided for by this Law.
Attorney regardless of the fact which body of Justice issued a certificate him/her shall be entitled to conclude an agreement (contract) for the provision of legal assistance to the principal (client) regardless of his/her place of residence or place of location.
information about the attorney, which adopted the execution of the task in as an attorney with the indication of the details of his/her identity;
the procedure and amount of compensation for the expenses of an attorney related to the execution of the task;
The right to an attorney in the award and compensation of expenses related to the execution of the task, not may be transferred to third parties without specific consent of the principal (client).
The remuneration paid to the attorney by the principal (client), and compensation for attorney costs associated with the execution of the task, subject to the mandatory introduction in cash corresponding to advocacy structure or transfer to a bank account of attorney form in the manner and timing, which provided the agreement (contract) for the provision of legal assistance.
The professional rights, honor and dignity of an attorney are protected by law. Direct or indirect interference in the professional activities of attorneys, the demand from them any information obtained during the performance of professional duties, as well as the requirement of such information from official persons and technical staff of attorney associations are prohibited. Any form of influence on an attorney during the performance of his/her professional duties is not permissible.
An attorney cannot be questioned as a witness about the circumstances that became known to him/her in connection with the discharge of his/her duties of attorney or representative. Do it not may be removed or subjected to inspection attorney production (dossier), the documents obtained in connection with the implementation of professional duties, as well as it does not can be restricted in the implementation of the right to meet with persons whom he/she is providing a legal assistance.
Not can be made to view the body of inquiry, investigator, prosecutor, and also made a particular determination of the court in respect of the legal position of an attorney on the case.
An attorney cannot be brought to criminal, material and other liability or threatened with its use in connection with the provision of legal assistance to individuals and legal entities in accordance with the law.
A criminal case in relation to an attorney may be instituted General Prosecutor of the Republic of Uzbekistan, the prosecutor of the Republic of Karakalpakstan, the prosecutors of regions, Tashkent city and equated to them by prosecutors.
In the case of entry into legal force of a guilty verdict of the court on recognition of the attorney guilty in committing the crime, the judge in during the day in written form informs the Ministry of Justice of the Republic of Uzbekistan and Chamber of Advocates.
For attorney’s labor remuneration is paid from the funds received in the advocacy structure of physical and legal entities for provided them legal assistance. In case of insufficient funds, the territorial department of the Chamber of Attorneys, which formed the legal consultation office, allocates additional funds for the provision of this legal consultation office.
Remuneration of attorney’s labor is carried out on the basis of a freely concluded agreement (contract) between the attorney and the principal (client).
When a person is exempted from payment of legal assistance due to his/her insolvency, remuneration of attorney’s labor participating in a criminal case is carried out at the state expense in the manner established by the Cabinet of Ministers of the Republic of Uzbekistan.
Attorney enjoys the right to all kinds of benefits of state social insurance. Contributions to state social insurance are paid in amounts established by the Cabinet of Ministers of the Republic of Uzbekistan.
Assignment and payment to the attorney of benefits for state social insurance, state and accumulative pension provision is carried out in accordance with the law.
Advocacy bureaus, firms and board of attorneys are entitled to form funds whose funds are used for the social needs of attorneys.
The Chamber of Attorneys is a non-profit organization based on the mandatory membership of all attorneys of the Republic of Uzbekistan.
The Chamber of Attorneys, together with its territorial departments formed in the Republic of Karakalpakstan, regions and Tashkent city, organizes a unified system of self-government of the advocacy.
The Chamber of Attorneys acts on the basis of the principle of non-interference in the activities of attorneys, carried out in accordance with the law.
Organization of other organizations with the functions and powers similar functions and powers of the Chamber of Attorneys, is not allowed.
Attorneys are not responsible for the obligations of the Chamber of Attorneys and its territorial departments, and the Chamber of Attorneys and its territorial departments are not responsible for the obligations of attorneys.
Decisions of the Chamber of Attorneys and its territorial departments, adopted in the limits of their competence, are mandatory for all advocacy structures and attorneys.
Financing activities of the Chamber of Attorneys is carried out for the account of the entrance and membership fees, the size of which is set by the Conference of the Chamber of Attorneys and other means not prohibited by law.
assistance in the further development of the advocacy, increasing its authority, strengthening the role of the advocacy in protecting human rights and freedoms;
implementation of measures on legal propaganda, aimed at increasing the legal knowledge and legal culture of the population;
making suggestions for improving legislation and law enforcement practice, ensuring the integrity of legal regulation and the uniform application of legal norms;
participation in the development of draft regulatory acts governing the activities of the advocacy, preparation of proposals on them;
representation and protection of the rights and legitimate interests of attorneys, in fact including in relations with bodies of state and economic management, as well as in court;
taking measures to protect attorneys from harassment, restrictions and abuse in connection with their professional activities;
ensuring access of the population to legal assistance by creating legal consultation office in districts and cities;
collection and study of statistical data on the activities of the advocacy, the dissemination of the positive experience of attorneys, the provision of methodological assistance to advocacy structures;
exercise control over the observance of legislation attorneys, the Rules of professional ethics of attorneys, advocacy secrets and the oath of the attorney.
The Conference of the Chamber of Attorneys is the supreme body of the Chamber and shall be convened not less one times in five years.
The Board of the Chamber of Attorneys is the executive body of the Chamber of Attorneys, elected from among the attorneys, and carries out current management of its activities.
Chairman of the Chamber of Attorneys shall be elected by the Conference of the Chamber of Attorneys upon the proposal of the Ministry of Justice of the Republic of Uzbekistan for the period to five years from among elected by the Conference of the members of the Board of the Chamber of Attorneys. One and the same person does not can be the chairman of the Chamber of Attorneys more than two terms in a row.
Early withdrawal from the post of chairman of the Chamber of Attorneys is carried out by the Conference of the Chamber of Attorneys on the proposal of the Ministry of Justice of the Republic of Uzbekistan in cases established by the charter of the Chamber of Attorneys.
The Revision Commission of the Chamber of Attorneys is the financial control body of the Chamber of Attorneys and is elected from among the attorneys.
The Chairman of the Chamber of Attorneys has the right to participate in meetings of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan to discuss draft laws and express opinions on them.
The territorial departments of the Chamber of Attorneys are legal entities and operate on the basis of the provisions approved by the Chamber of Attorneys.
The heads of the territorial departments of the Chamber of Attorneys are appointed to the post (from among the attorneys operating in the relevant territory) and dismissed by the chairman of the Chamber of Attorneys.
Qualification commissions shall be formed under the territorial departments of the Chamber of Attorneys in order to solve the issue of licenses to persons having the necessary knowledge and professional skills, taking the oath of the attorney, as well as for the conduct of proceedings related disciplinary matter in relation to the attorneys.
Qualification commissions shall be formed by joint decisions of the territorial departments of the Chamber of Attorneys and the bodies of Justice among the number of attorneys who have credibility among colleagues, as well as experienced professionals in the field of law.
For consideration of the appeal on the decision qualification commission, generalization and analysis of the practice of work of the qualification commission the Higher Qualification Commission shall be formed under the Chamber of Attorneys. The composition of the High Qualification Commission shall be approved by a joint decision of the Chamber of Attorneys and the Ministry of Justice of the Republic of Uzbekistan among the number of attorneys who have credibility among colleagues, as well as experienced professionals in the field of law.
The powers and procedure for organizing the activities of qualification commissions are determined by the Ministry of Justice of the Republic of Uzbekistan in consultation with the Chamber of Attorneys.
Suspension of the status of an attorney is carried out by a decision of the qualification commissions, in the following cases:
the election or appointment of an attorney on a permanent post, is not compatible with the advocacy activity — in the period of work;
admission to study in educational institutions, in that including courses for improvement of professional skill and retraining of personnel — on a period of study, but not more than three years;
granting vocation for pregnancy and childbirth, on the care for the child in the age up to three years — at the time of vacation;
temporary disability due to a serious illness of an attorney or his/her close relative upon presentation of a medical certificate — until treatment, but not more than one year;
recognition attorney missing in prescribed by legislation manner — in the period up to cancellation of the court decision on the recognition of missing;
adoption of decisions of the court on application by the attorney of coercive measures of a medical nature, if this decision of the court is not a ground for the termination of action of the license in accordance with Article 16 of this Law - in the period before the cancellation or change of the court coercive measures of medical nature;
suspension of the license in accordance with Article 15 of this Law — for the period of suspension of the license;
liquidation of an advocacy structures or withdrawal of an attorney — for the period until the formation of another advocacy structure carried out by the attorney or entry into one of the existing advocacy structures, in a period not exceeding three months.
If the attorney has other grounds stipulated by law for exemption from the practice of law for more than one month, the status of the attorney may be suspended at his/her request — for the time of such suspension.
The status of an attorney shall be suspended from the date of the decision to suspend the status of an attorney.
The body of Justice in the three-day period withdraws license attorney for excluding the case of recognition of his/her missing, and notify the relevant territorial department of the Chamber of Attorneys of the suspension of the status of attorney. The suspension of the status of an attorney shall entail the suspension of the membership of an attorney in the Chamber of Attorneys.
Suspension of the status of an attorney involves the suspension of the action in relation of an attorney provided by the law guarantees for the exception of the guarantees provided for parts of the third — fifth of article 10 of this Law and parts of the fourth and fifth article 6 of the Law of the Republic of Uzbekistan “On guarantees of advocacy activities and social protection of attorneys”.
After the cessation of the cases that served as the basis for the suspension of the status of an attorney, a person whose status of an attorney is suspended must start advocacy activity within three months. Failure to comply with this requirement entails the termination of the license in the manner prescribed by Article 16 of this Law.
Violation by an attorney of the requirements of the legislation on the advocacy, the Rules of Professional Ethics of Attorneys, advocacy secrets and the oath of the attorney entails the application of disciplinary measures against him/her.
Disciplinary proceedings are instituted by a decision of the qualification commissions or the Higher Qualification Commission.
identification of the territorial department of the Chamber of Attorneys or the body of Justice infringement attorney requirements of legislation on the legal profession, the Rules of professional ethics of attorneys, advocacy secrets and the oath of the attorney;
Based on the results of the disciplinary proceedings, the following disciplinary measures may be applied to an attorney:
suspension of a license for a period of up to six months (in accordance with paragraphs two and three of part two of Article 15 of this Law);
termination of the license (in accordance with paragraphs second, fifth and sixth of the second part of article 16 of this Law).
The attorney is entitled, prior to the decision of the qualification commission, to take measures to reconcile with the person who filed the complaint, which served as the reason for initiating disciplinary proceedings.
Advocacy structures shall be entitled to apply to the attorney for violation of labor discipline measures disciplinary sanction in accordance with labor legislation.
A disciplinary sanction against an attorney cannot be applied later than six months from the day the misconduct was committed, and, based on the results of an inspection or audit of financial and economic activity, not later than two years from the day it was committed by the attorney.
Suspension of action of the license is carried out the decision of the body of Justice, which issued an attorney 's license, in the case of involvement of an attorney to criminal responsibility from the moment of bringing him/her in as a defendant and to the entry of the sentence of the court into legal force or until the adoption of the decision on release it from criminal responsibility for rehabilitating grounds.
Suspension of a license is carried out by a decision of the administrative court upon appeal of the body of justice that issued the certificate to the attorney, or the Chamber of Attorneys in the following cases:
failure or improper performance by an attorney the decisions of the territorial department of the Chamber of Attorneys or the body of Justice, adopted in the limits of their competence, in fact including binding responsibility to eliminate the identified violations;
identification of violations by the attorney of the requirements of the legislation on the advocacy, the Rules of professional ethics of attorneys, advocacy secrets and the oath of the attorney.
Term suspension of action of the license does not may exceed six months, for the exception of the case when the attorney involved to participate in the criminal case to a defendant. Within the specified period, unless they are irreversible, the person whose license has been suspended, is obliged to eliminate the circumstances that caused for a suspension of action of the license.
Decision of the body of Justice on the suspension of the action of the license can be appealed in court.
The termination of the license is carried out by the decision of the body of justice, which issued the certificate to the attorney, in the following cases:
an attorney’s application with a request to terminate the license, but at the end of the execution of a previously accepted task, if the principal (client) insists on it;
if the applicant in within three months from the date of the sending (delivery) of the notice of acceptance of the decision on issuance of a license is not provided the body of Justice document confirming payment of the state fee for the issuance of the license;
failure to comply with the requirements provided for in part seven of Article 31 and part six of Article 131 of this Law;
restrictions on the legal capacity of an attorney or declaring him/her legally incompetent in the established manner;
the entry into legal force of a guilty verdict of the court on recognition of the attorney guilty in committing a crime;
the death of an attorney or the entry into legal force of the decision of the court on declaring him//her dead.
Termination of action of the license is carried by the administrative court on the application of the Ministry of Justice of the Republic of Uzbekistan on the basis of the conclusion of the Higher Qualification Commission in the following cases:
does not eliminate a person, the action of the license is suspended, the circumstances which caused for a suspension of action of the license, to set a court date;
a systematic or one-time gross violation by an attorney of the requirements of the law on the advocacy, the Rules of the professional ethics of attorneys, the advocacy secrets and the oath of the attorney, the commission of an offense that discredits the honor and dignity of the attorney and derogates the authority of the advocacy.
Termination of action of the license may be carried by the administrative court in other cases established by law.
The termination of a license shall be taken into force from the date of the adoption of decision to terminate the license.
The justice body within three days notifies the relevant territorial department of the Chamber of Attorneys of the termination of the status of an attorney, and also publishes the relevant message in the media. Termination of the status of an attorney entails the termination of the membership of an attorney in the Chamber of Attorneys.
A person whose license has been terminated on the grounds provided for in paragraphs 5 and 6 of part 2 of this Article, shall not be entitled to nominate for three years.
provides assistance in the implementation of measures for improvement of professional skill of attorneys;
carries out control over observance of attorneys licensing requirements and conditions, as well as requirements of the constituent documents, the activities specified in the charter, the order of re-registration and liquidation by advocacy structures;
The Ministry of Justice of the Republic of Uzbekistan maintains the Consolidated state register of attorneys, open for public access. The bodies of justice maintain relevant state registers of attorneys. The procedure for maintaining the Consolidated state register of attorneys and State registers of attorneys is determined by the Ministry of Justice of the Republic of Uzbekistan.