Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

LAW OF THE AZERBAIJAN REPUBLIC

of December 28, 1999 No. 783-IQ

About lawyers and lawyer activities

(The last edition from 15-12-2017)

This Law is adopted for the purpose of regulation of providing the rights of each person in the territory of the Azerbaijan Republic on the address on legal procedure, pretrial investigation and inquiry to the lawyer chosen by it for implementation of protection of the rights and legitimate interests, on use of the help of the defender from the moment of detention, arrest, accusation in crime execution, and activities of the lawyers giving legal aid on other questions.

The law establishes the basic principles of lawyer activities for rendering high-quality legal aid to physical persons and legal entities, legal the status of lawyers and basis of their self-government in the Azerbaijan Republic.

Article 1. Legal profession in the Azerbaijan Republic

I. The legal profession in the Azerbaijan Republic is independent legal institute which professionally performs activities for legal protection.

II. The legal profession performs activities on the basis of the principles of rule of law, independence, democratism, humanity, justice, publicity and confidentiality.

III. Fundamentals of legal profession constitute following:

observance of the Constitution of the Azerbaijan Republic, this Law, procedural legislation of the Azerbaijan Republic and other laws of the Azerbaijan Republic;

non-admissions of intervention in professional activity of lawyers and their associations and pressure upon them from bodies of prosecutor's office, judicial, other state bodies, public associations, any company, organization, the organization and the official;

equal rights of lawyers;

pronouncement of the independent decision concerning self-government, lawyers and lawyer activities.

IV. excluded

Article 2. Legislation on lawyers and lawyer activities

I. The legislation on lawyers and lawyer activities consists of the Constitution of the Azerbaijan Republic, this Law and other legal acts of the Azerbaijan Republic, and also international treaties signed by the Azerbaijan Republic.

Article 3. Legal profession tasks

The main objectives of legal profession consist in protection of the rights, freedoms and the interests of physical persons and legal entities protected by the law and rendering high-quality legal aid to them.

Article 4. Activities of legal profession

I. Person who in accordance with the established procedure is accepted in members of Bar can be engaged in lawyer activities and took the oath of the lawyer.

II. Protection of persons, persons accused or suspects of criminal offenses, representation in the Supreme Court of person on administrative disputes, on civil cases, and also representation in the Constitutional Court of the Azerbaijan Republic of the applicant who made the complaint or the statement for review of court resolution on newly discovered facts connected with violation of the rights and freedoms are included into exclusive framework of lawyer activities.

III. Lawyers participate in the following questions. connected with rendering legal assistance:

represent physical persons and legal entities in the state and non-state bodies and the organizations, including in foreign countries and the international organizations;

give oral and written consultations, explanations and references according to legal issues;

constitute statements, claims and documents of legal nature;

give necessary legal aid to physical persons and legal entities, perform legal support of their activities;

give legal aid of other type.

Article 5. General rules of implementation of lawyer activities

I. Lawyer activities are performed on the basis of priority of rights and freedoms of man and citizen, rule of law, independence of lawyers, the voluntary relations between the them and persons asking them for legal aid, irrespective of their race, nationality, religion, language, floor, origin, property status, official position, beliefs, belonging to political parties, labor unions and other public associations and with respect for lawyer ethics.

II. Lawyer activities are performed on the basis of assignment on the counsel for the defense or representation of the rights and interests of persons who asked for legal aid, and according to their orders.

III. Participation of the lawyer in legal procedure is performed only based on the agreement signed between person who asked for legal aid, and the lawyer working in individual procedure or from this Article specified in part V structure into which the lawyer enters.

IV. The lawyer explains to person who asked for legal aid, all conditions connected with possibility of execution of this order on the merits of the case and if the parties will reach agreement, the relevant agreement is in writing constituted.

The addressed person based on terms of the contract can limit or cancel the order assigned to the lawyer without prior notice.

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