RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of June 20, 2008 No. 137

About measures for enhancement of the payment mechanism of the legal aid given by lawyers at the expense of the state

According to the Code of penal procedure of the Republic of Uzbekistan, the Law of the Republic of Uzbekistan "About legal profession", in pursuance of the Presidential decree of the Republic of Uzbekistan of May 1, 2008 N UP-3993 "About Measures for Further Reforming of Institute of Legal Profession in the Republic of Uzbekistan" and for the purpose of ensuring access of needy persons to the legal aid given by lawyers, the Cabinet of Ministers decides:

1. Determine that:

the basis for reference of expenses on rendering legal aid by the lawyer to the suspect, the person accused or the defendant into the account of the state is the resolution of the investigator, investigator, prosecutor, determination of court on release of the citizen from payment of legal aid;

persons in whose families the average comprehensive monthly earnings falling on each family member do not exceed 1, the 5-fold size of the minimum wage established on the date of pronouncement of the resolution (determination) on release from payment of legal aid are subject to release from payment of the legal aid given by lawyers with reference of expenses on the account of the state;

the states are charged also expenses on payment of legal aid in cases of participation of the lawyer in the legal proceeding connected with refusal of the suspect, person accused and defendant of the defender and also in cases when according to part two of Article 52 of the Code of penal procedure of the Republic of Uzbekistan participation of the defender in criminal case by acknowledged obligatory.

2. To the Ministry of Finance of the Republic of Uzbekistan:

provide annually in parameters of expenses of the Government budget of funds for payment of the legal aid given by lawyers;

provide payment of help given by lawyers through territorial subdivisions of Treasury of the Ministry of Finance in the location of the body which issued the decree (determination) no later than thirty days after the appeal of lawyer forming to the relevant territorial financial body.

3. To the Ministry of Justice and Ministry of Finance of the Republic of Uzbekistan in a month:

approve in accordance with the established procedure Regulations on procedure for reference into the account of the state of expenses on rendering legal aid by lawyers to the suspect, the person accused or the defendant, having provided increase in the operating amount of payment of the legal aid given by lawyers by 25 percent;

together with the interested ministries and departments in accordance with the established procedure to provide reduction of departmental regulatory legal acts in compliance with requirements of this resolution.

4. Declare invalid:

the resolution of the Cabinet of Ministers of June 16, 1997 N 297 "About procedure for reference into the account of the state of expenses on rendering legal aid by the lawyer to the suspect, the person accused or the defendant";

Item 3 appendices to the resolution of the Cabinet of Ministers of June 27, 2007 N 129 "About modification and amendments in some decisions of the Government of the Republic of Uzbekistan (The resolution of the President of the Republic of Uzbekistan of February 28, 2007 N PP-594 "About measures for further development of system of treasurer execution of the State Budget")" (the joint venture of the Republic of Uzbekistan, 2007, N 6, the Art. 35).

5. To impose control of execution of this resolution on the First Deputy Prime Minister of the Republic of Uzbekistan Azimov R. S.

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