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SOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF UZBEKISTAN

of February 7, 2006

About interpretation of part four of article 10 of the Law of the Republic of Uzbekistan "About legal profession" and parts five of article 6 of the Law of the Republic of Uzbekistan "About guarantees of lawyer activities and social protection of lawyers"

Constitutional court of the Republic of Uzbekistan as a part of the vice-chairman B. Mirbabayev, judges U. Bazarov, G. Pirzhanov and S. Hakimova, being guided by Item 3 parts one of article 109 of the Constitution of the Republic of Uzbekistan and article 1 of the Law of the Republic of Uzbekistan "About the Constitutional court of the Republic of Uzbekistan" considered in open session case on interpretation of part four of article 10 of the Law of the Republic of Uzbekistan "About legal profession" and parts five of article 6 of the Law of the Republic of Uzbekistan "About guarantees of lawyer activities and social protection of lawyers".

The question is brought according to article 19 of the Law of the Republic of Uzbekistan "About the Constitutional court of the Republic of Uzbekistan" at the initiative of judges U. Bazarov, G. Pirzhanov and S. Hakimova in connection with the address to the Constitutional court of the lawyer A.R.Lutfullayev.

Having heard the message of the judge-speaker S. Hakimova, opinion of the chairman of Bar association of Uzbekistan B. Salomov, the member of the Senate of the Oliy Majlis of the Republic of Uzbekistan S. Adilkhodzhayeva, the member of Scientific and advisory council in case of the Constitutional court of the Republic of Uzbekistan M. Gasanov, the vice-chairman of the Supreme Court of the Republic of Uzbekistan B. Zhamolov and others, having studied the materials which are available on case, the Constitutional court established:

the part four of article 10 of the Law of the Republic of Uzbekistan "About legal profession" says: "The lawyer cannot be brought to criminal, material and other liability or to threaten with its application in connection with rendering legal aid to physical persons and legal entities according to the law". The similar regulation is provided in part five of article 6 of the Law of the Republic of Uzbekistan "About guarantees of lawyer activities and social protection of lawyers".

Determination application of "other responsibility" in these regulations requires the answer to question that it is necessary to understand as the words "other responsibility" and therefore causes the necessity of their interpretation.

In the analysis of the relevant standards of the Constitution of the Republic of Uzbekistan, the laws of the Republic of Uzbekistan and other materials on case the Constitutional court of the Republic of Uzbekistan proceeds from the following.

1. According to part one of article 26 of the Constitution of the Republic of Uzbekistan, "Everyone, accused of crime execution, is considered innocent until his guilt is established by legal order, way of public legal proceedings in case of which all opportunities for protection are provided to it".

2. Developing this provision, article 116 of the Constitution of the Republic of Uzbekistan determines:

"The right of defense is provided to the person accused.

The right to professional legal aid is guaranteed at any stage of legal proceedings. For rendering legal aid to citizens, the companies, organizations and organizations the legal profession is effective. The organization and procedure for activities of legal profession are determined by the law".

3. The constitutional court of the Republic of Uzbekistan considers that in case of determination of the regulation stated in part four of article 10 of the Law of the Republic of Uzbekistan "About legal profession" and parts five of article 6 of the Law of the Republic of Uzbekistan "About guarantees of lawyer activities and social protection of lawyers" the legislator proceeded also from priority of the conventional principles and rules of international law. In particular, it is provided in "Basic provisions about role of the lawyers" accepted in August, 1990 by the Eighth United Nations Congress according to the prevention of crimes that the governments shall provide to lawyers impossibility of punishment or threat of that and accusation, administrative, economic sanctions for any actions performed according to acknowledged professional obligations, standards and ethical standards. In connection therewith the document, the lawyer shall have criminal or civil immunity from prosecutions for the relevant statements made in written and oral form in case of fair execution of the debt and implementation of professional obligations in court, tribunal or other legal or administrative authority.

Proceeding from the above provisions, the Constitutional court of the Republic of Uzbekistan considers that the legislator in this case means legal responsibility. As types of legal responsibility are criminal, civil, administrative, disciplinary and the financial responsibility, the Constitutional court considers impossible involvement of the lawyer to any of the called types of legal responsibility or threat of its application in connection with rendering legal aid according to the law.

Based on stated, being guided by Articles 1, of 25, of 26, 27 Laws of the Republic of Uzbekistan "About the Constitutional court of the Republic of Uzbekistan", the Constitutional court solved:

1. Give the following interpretation of part four of article 10 of the Law of the Republic of Uzbekistan "About legal profession" and parts five of article 6 of the Law of the Republic of Uzbekistan "About guarantees of lawyer activities and social protection of lawyers":

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