ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of October 30, 2017 No. 711

About approval of the Procedure for holding qualification examination for persons applying for receipt of the license for the occupation right lawyer activities

According to the Law of the Kyrgyz Republic "About Legal profession of the Kyrgyz Republic and lawyer activities", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve the Procedure for holding qualification examination for persons applying for receipt of the license for the occupation right lawyer activities according to appendix.

2. Recognize invalid:

- The order of the Government of the Kyrgyz Republic "About questions of lawyer activities" of February 28, 2011 No. 79;

- The order of the Government of the Kyrgyz Republic "About modification and amendments in the Order of the Government of the Kyrgyz Republic "About questions of lawyer activities" of February 28, 2011 No. 79" of March 17, 2014 No. 148.

3. To the Ministry of Justice of the Kyrgyz Republic to bring the decisions into accord with this Resolution.

4. This Resolution becomes effective after ten days from the date of official publication.

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of October 30, 2017, No. 711

Procedure for holding qualification examination for persons applying for receipt of the license for the occupation right lawyer activities

1. The procedure for holding qualification examination for persons applying for receipt of the license for the occupation right lawyer activities (further - the Procedure), determines rules and the organization of holding qualification examination for persons applying for receipt of the license for the occupation right lawyer activities.

2. The qualification examination is held by the qualification commission under the Ministry of Justice of the Kyrgyz Republic concerning lawyer activities (further - the Qualification commission).

3. The qualification commission performs the activities on the basis of the Constitution of the Kyrgyz Republic, the laws of the Kyrgyz Republic, other regulatory legal acts of the Kyrgyz Republic and this Procedure.

4. The qualification examination is held in process of accumulating in the Ministry of Justice of the Kyrgyz Republic (further - the Ministry of Justice) statements of persons applying for receipt of the license for the occupation right lawyer activities, but at least once in 3 months.

Date, time and the venue of qualification examination are determined by the order of the Ministry of Justice.

Persons applying for receipt of the license for the occupation right lawyer activities are informed by means of mail service by the direction of the written notice of date, the place and time of holding qualification examination not later than 10 calendar days about day of its carrying out.

Informing the applicant on holding qualification examination is also performed on contact telephone number by means of telephone communication about what the reference is constituted. If the applicant does not specify phone number or if phone is switched off, and also in other cases the corresponding reference is constituted.

5. The list of questions for passing qualification examination on receipt of the license for the occupation right lawyer activities affirms the order of the Ministry of Justice and is posted on its official site.

6. The qualification examination is held in the form of computer testing.

7. The computer test consists of 110 questions. The question of the test consists of the question and four answer options. The applicant shall choose one answer option from offered on each question, having noted it as appropriate.

8. Applicants take the computer test in the state or official language at own will.

9. The qualification examination takes place in computer class where surveillance cameras are mounted.

Members of the Qualification commission can watch the examination course visually or through video surveillance online.

10. The qualification examination takes place in the following procedure:

1) applicants examine about rules of passing of the test in the state or official language;

2) the secretary of the Qualification commission identifies the personality of applicants according to the passport with obligatory putting down of the personal signature, then applicants choose the code which is entered personally into the computer;

3) 110 minutes are allowed for passing qualification examination, time is established on the computer from the moment of the beginning of the test;

4) results on questions of the test are highlighted on the monitor of computers which is fixed by the secretary of the Qualification commission. Upon termination of qualification examination the minutes which are signed by all members of the Qualification commission are constituted.

11. During testing it is forbidden to applicants:

- leave the room and move indoors without maintenance;

- exchange words with other applicants;

- exchange any materials and objects with other applicants;

- photograph or rewrite test tasks;

- have in case of itself any objects (folders, bags, mobile phones, the photo, audio-and video equipment and other means of storage and information transfer).

In case of violation by the applicant of the rules specified in Item 10 of this provision it is discharged of delivery of testing with creation of the protocol on discharge signed by the secretary and members of the commission. Test tasks of such applicant are not checked.

12. Testing is estimated on mark system. For each correct answer to test question the applicant gets one point.

13. Person is considered passed qualification examination in case of the correct answer to 70 and more percent of questions from total number of questions of the test that constitutes 77 and more points.

14. The decision of the Qualification commission appears examined in day of qualification examination after signing of the protocol by all present members of the Qualification commission.

15. The decision of the Qualification commission can be appealed in judicial according to the procedure within one month from the date of its acceptance.

16. Person who did not pass qualification examination is allowed to its repeated delivery not earlier than in six months.

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