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LAW OF THE REPUBLIC OF ARMENIA

of October 26, 2022 No. ZR-366

About modification and amendments in the Law "About Legal Profession"

Accepted by National Assembly of the Republic of Armenia on October 5, 2022

Article 1. "About legal profession" (further – the Law) to state article 1 of the Law of December 14, 2004 to No. ZR-29 in the following edition:

"Article 1. Subject of regulation of the Law

1. This Law establishes bases for the organization and implementation of lawyer activities in the Republic of Armenia and procedure of these activities, procedure for creation and management of lawyers of professional association, the status, including the rights and obligations of lawyers, the organization of training and retraining of lawyers, licensing of lawyer activities and the termination or suspension action of the license, the basis and procedure for disciplinary responsibility of lawyers, bases and procedure for provision of paid and voluntary free legal aid, and also other relations connected with lawyer activities in the Republic of Armenia.".

Article 2. To add article 2 of the Law after words of "civil legal proceedings" with words ", administrative production of the Republic of Armenia".

Article 3. In the Law "school" in the corresponding case forms to replace the word with the word "academy".

Article 4. To state Item 2 of part 3 of article 5 of the Law in the following edition:

"2) cases when person represents the interests of the legal entity on paid or free basis, twenty and more percent of shares of the authorized capital or shares of which belong to it or persons specified in Item 1 of this part.".

Article 5. To state article 8 of the Law in the following edition:

"Article 8. Bodies of Chamber of lawyers

1. Bodies of Chamber of lawyers are:

1) general meeting of Chamber of lawyers (further also – general meeting);

2) council of Chamber of lawyers (further also – council);

3) the disciplinary commission of Chamber of lawyers (further also – the disciplinary commission);

4) the qualification commission of Chamber of lawyers (further also – the qualification commission).

2. The provisions concerning bodies of Chamber of lawyers, established by this Law do not extend to general meeting if it is directly not provided by this Law.

3. Members of bodies of Chamber of lawyers do not earn reward, except as specified, provided by this Law and the charter of Chamber of lawyers.

4. Members of bodies of Chamber of lawyers can combine work in these bodies with lawyer activities.

5. The member of Chamber of lawyers can be elected in other body of Chamber of lawyers. The President of Chamber of lawyers (except for case when as obliges is the chairman of the board), his deputies, the head of office of the public defender, his deputies, members of council of board of Academy of legal profession cannot be members of any body of Chamber of lawyers, and in case of election as the member of any body of Chamber of lawyers of their power of the President of Chamber of lawyers, his deputy, the head of office of the public defender, his deputy, the member of council of board of Academy of legal profession stop if within ten days after election they do not refuse this status.

6. Powers of bodies of Chamber of lawyers, procedure for forming, task and function are established by this Law and the charter of Chamber of lawyers.

7. Members of council of Chamber of lawyers and other bodies of Chamber of lawyers, except for members of the qualification commission, are elected in rating procedure, but no more than two time in a row.

8. In case of early termination of powers of the member of bodies of Chamber of lawyers elected by general meeting instead of this member the following person who received according to the last elections of members of this body the greatest number of positive votes, but not the favourites, for the remained period of fixed term of the previous member, according to the procedure, established by the charter of Chamber of lawyers is involved.

9. Members of bodies of Chamber of lawyers by a majority vote elect the chairman of this body, except for the chairman of the board of Chamber of lawyers from the structure. The chairman of the qualification commission is elected of member lawyers of the qualification commission.

10. Meetings of body of Chamber of lawyers are convened by the chairman of this body as necessary. Meetings of body of Chamber of lawyers can be convened at the initiative of one third of members of this body, and meeting of council – also at the initiative of the President of Chamber of lawyers or, at least, thirty members of Chamber of lawyers.

11. The meeting of body of Chamber of lawyers is competent (has quorum) if, at least, a half of members of this body participates in it. At meetings of bodies of Chamber of lawyers members of these bodies vote and perform other powers personally. In the cases and procedure provided by the charter of Chamber of lawyers, meetings can be held also remotely or according to the procedure of poll.

12. Decisions of body of Chamber of lawyers are made by a simple majority vote members of this body, attendees at meeting if bigger number of votes is not provided by this Law or the charter of Chamber of lawyers. In case of equality of votes the chairman's voice at meeting is decisive.

13. Decisions of body of Chamber of lawyers become effective from the moment of publication according to the procedure, provided by the charter of Chamber of lawyers if other is not provided by this Law or the charter of Chamber of lawyers.

14. Powers of members of bodies of Chamber of lawyers stop:

1) in case of the expiration of their powers – from the moment of acceptance of powers by the following structure of relevant organ;

2) in case of filing of application about resignation;

3) in case of the termination or suspension of action of the license of the member of Chamber of lawyers;

4) in case of response of the members appointed on representation, the body (person) which provided them.

15. Powers of members of bodies of Chamber of lawyers stop:

1) in case of absence more than at half of meetings of this body within one year for temporary disability or other reasonable excuse;

2) in case of absence at least three time in a row or in general seven times at meetings of this body within one year for the disrespectful reason;

3) in case of periodic non-execution or improper execution of the job responsibilities provided by the law or the charter of Chamber of lawyers.

16. In the cases provided by part 15 of this Article, power of members of bodies of Chamber of lawyers (except for the chairman of the board of Chamber of lawyers) stop the decision made at least two thirds of voices of total number of members of relevant organ. The member of body of Chamber of lawyers whose question of the termination of powers is considered does not participate in vote, however has the right personally or through the representative to participate in this meeting of relevant organ, to produce the evidence and explanations.

17. If the chairman of relevant organ does not convene meeting for the solution of question of the termination of powers of the member or the chairman of body of Chamber of lawyers, it is convoked by, at least, three members of relevant organ.

18. Powers of the chairman of body of Chamber of lawyers stop in case of the termination of its powers of the member of Chamber of lawyers, and also submission of the resignation by it from position of the chairman of this body. Non-execution by the chairman of body of Chamber of lawyers of the obligations is the basis for the termination of its powers the decision made by, at least, two thirds of voices of total number of members of this body. Powers of the chairman of the board of Chamber of lawyers stop in case of the termination of its powers of the President of Chamber of lawyers.

19. In case of leave or business trip the chairman of body of Chamber of lawyers appoints replacing itself one of members of this body. In case of not appointment replacing and also temporary disability, the termination of powers of the chairman of body of Chamber of lawyers of the chairman of relevant organ the senior on age the member of this body, respectively, before its return from leave or business trip or election of the new chairman of this body replaces.

20. In case of the termination of powers of the member of the body of Chamber of lawyers appointed on representation, the body (person) which provided this member within 10 working days represents the new representative. If powers of the member of the body of Chamber of lawyers appointed on representation stop, the decision of relevant organ of Chamber of lawyers goes to the body (person) which provided the member whose powers were stopped which within 10 working days after receipt of the decision represents the new representative.".

Article 6. In article 9 of the Law:

Part 1 to state 1) in the following edition:

"1. General meeting of Chamber of lawyers is supreme body of Chamber of lawyers which:

1) is approved by the charter of Chamber of lawyers and the code of behavior of the lawyer or the additions made to them or changes;

2) chooses the President of Chamber of lawyers, members of council and the disciplinary commission;

3) resolves other issues provided by the law or the charter of Chamber of lawyers.";

2) regarding 4 words "persons, the stipulated in Article 29.5 presents of the Law" shall be replaced with words "members of the qualification commission";

Part 5 to state 3) in the following edition:

"5. General meeting of Chamber of lawyers (convocation or in remote procedure) is convened by the decision of council of Chamber of lawyers at least once in two years. Upon the demand of one heel from total number of members of Chamber of the lawyers having the right to participate in general meeting of Chamber of lawyers or the President of Chamber of lawyers council of Chamber of lawyers shall convene general meeting according to the procedure and in time, the Chambers of lawyers established by the charter. For the purpose of election of bodies of Chamber of lawyers general meeting is convened at least in thirty days prior to the termination of powers of the acting structure of relevant organ.";

The word "is competent" shall be replaced with words 4) in part 6 "is competent (has quorum)".

Article 7. Regarding 1 article 9.1 of the Law of the word "persons, the stipulated in Article 39.5 presents of the Law" shall be replaced with words "members of the disciplinary commission".

Article 8. To state article 10 of the Law in the following edition:

"Article 10. Council of Chamber of lawyers

1. Council of Chamber of lawyers is executive body of Chamber of lawyers, and also reviewing the decisions made within disciplinary production.

2. Council of Chamber of lawyers is created for a period of four years of the lawyers (except for the chairman of the board) chosen by general meeting of Chamber of lawyers whose number cannot be less than twelve, apart from the chairman of the board. The President of Chamber of lawyers as obliges is the chairman of the board of Chamber of lawyers.

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