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ORDER OF THE MINISTRY OF JUSTICE OF THE KYRGYZ REPUBLIC

of November 3, 2017 No. 241

About approval of the Regulations on the Qualification commission under the Ministry of Justice of the Kyrgyz Republic concerning lawyer activities

(as amended of the Order of the Ministry of Justice of the Kyrgyz Republic of 06.09.2018 No. 176)

According to articles 20 and 21 of the Law of the Kyrgyz Republic "About Legal profession of the Kyrgyz Republic and lawyer activities", "About regulatory legal acts of the Kyrgyz Republic" and the order of the Government of the Kyrgyz Republic "About delegation of separate rule-making powers of the Government of the Kyrgyz Republic to number of state bodies of the executive authority" of September 15, 2014 No. 530, and also being guided article 8 of the Law of the Kyrgyz Republic by Item 11 of the Regulations on the Ministry of Justice of the Kyrgyz Republic approved by the order of the Government of the Kyrgyz Republic of December 15, 2009 No. 764,

I order:

1. Approve the enclosed Regulations on the Qualification commission under the Ministry of Justice of the Kyrgyz Republic concerning lawyer activities.

2. This order is subject to official publication.

3. This order becomes effective from the date of entry into force of the Order of the Government of the Kyrgyz Republic about recognition No. 79 which voided the Orders of the Government of the Kyrgyz Republic "About questions of lawyer activities" of February 28, 2011.

4. To management of notariate and legal profession of the Ministry of Justice of the Kyrgyz Republic (A. U. Iskenderov) in case of need to prepare the corresponding drafts of the orders following from this order and to submit them for approval.

5. To impose control of execution of this order on the deputy minister of justice of the Kyrgyz Republic supervising legal profession questions.

Acting Minister of Justice of the Kyrgyz Republic

M. Sarymsakov

Regulations on the Qualification commission under the Ministry of Justice of the Kyrgyz Republic concerning lawyer activities

1. General provisions

1. This Provision determines the organization and procedure for activities of the Qualification commission under the Ministry of Justice of the Kyrgyz Republic concerning lawyer activities (further - the Qualification commission).

2. In the activities the Qualification commission is guided by the Constitution of the Kyrgyz Republic, the Law of the Kyrgyz Republic "About licensed authorization system in the Kyrgyz Republic", the Law of the Kyrgyz Republic "About Legal profession of the Kyrgyz Republic and lawyer activities", other regulatory legal acts of the Kyrgyz Republic and this Provision.

3. The qualification commission is formed under the Ministry of Justice of the Kyrgyz Republic (further - the Ministry of Justice) in number of seven people, in the following structure:

1) three representatives of the Ministry of Justice who on position are:

- the deputy minister supervising legal profession questions (the chairman of the Qualification commission);

- the head of the structural unit concerning legal profession;

- the employee of structural division concerning legal profession (the secretary of the Qualification commission);

2) four representatives from Legal profession represented by Council of lawyers from among the lawyers having years of service of lawyer activities at least five years.

4. The staff of the Qualification commission affirms the order of the Ministry of Justice.

2. Functions and powers of the Qualification commission

5. The qualification commission holds qualification examination at persons applying for receipt of the license for the occupation right lawyer activities.

The qualification examination is held according to the Procedure for holding qualification examination on receipt of the license for the occupation right lawyer activities approved by the Government of the Kyrgyz Republic.

6. The qualification commission performs the following functions:

1) considers applications of persons applying for receipt of the license on the occupation right lawyer activities without passing qualification examination;

2) considers the arrived applications of applicants for the admission to passing qualification examination on receipt of the license for the occupation right lawyer activities;

3) establishes date and time of holding qualification examination (date of its transfer);

4) will agree on the issues of qualification examination approved by the order of the Ministry of Justice;

5) holds qualification examination at persons applying for receipt of the license for the occupation right lawyer activities;

6) considers applications of applicants according to matters of argument.

The qualification commission for implementation of the powers has the right to request in accordance with the established procedure necessary information from all legal entities irrespective of their pattern of ownership.

3. Procedure for activities of the Qualification commission

7. The qualification commission is competent to make the decision if at meeting there is most of her members.

8. Decisions of the Qualification commission are made by a simple majority vote the members who are present at meeting. In case of equality of votes, the voice of the chairman of the Qualification commission is decisive.

The member of the Qualification commission, discordant with the decision of the Qualification commission, in writing states the special (personal) opinion which is applied to the protocol of the Qualification commission.

9. Decisions of the Qualification commission on acceptance of qualification examination at persons applying for receipt of the license on the occupation right lawyer activities, are accepted based on results of computer testing.

Results of computer testing are fixed by the secretary. Upon termination of qualification examination the minutes which are signed by all members of the Qualification commission are constituted.

Data on passing of testing are stored in the server at least 6 months.

10. The protocol of the Qualification commission is taken by the secretary of the Qualification commission in whom are specified: time and the venue of meeting, structure of the commission, surname, name, middle name and the code of the test examined and the number of the gained points as a result of computer testing.

11. Based on the protocol of the Qualification commission the Ministry of Justice of the Kyrgyz Republic makes the decision on licensing for the right of occupation of lawyer activities.

12. The explanation about procedure for receipt of the license for the occupation right lawyer activities is performed by members of the Qualification commission.

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