of September 2, 2003 No. 6372
About approval of the Regulations on the state licensing of activities for rendering legal aid
For the purpose of increase in level of ensuring protection of the rights and interests of legal entities and physical persons I decide:
1. Approve the enclosed Regulations on the state licensing of activities for rendering legal aid.
2. Determine that all persons who are engaged in activities for rendering legal assistance based on earlier granted licenses perform the specified activities before the termination of term for which the license is granted.
3. Declare invalid the resolution of the President of Turkmenistan from 13 Rukhnam 1996 No. 2789 "About the state licensing of activities for rendering legal assistance to legal entities and physical persons" (Collection of acts of the President of Turkmenistan and decisions of the Government of Turkmenistan, 1996 No. 9, the Art. 3416).
President of Turkmenistan
Approved by the resolution of the President of Turkmenistan of September 2, 2003 No. 6372
1. This Provision according to the Laws of Turkmenistan "About legal profession and lawyer activities in Turkmenistan" and "About licensing of separate types of activity" regulates procedure for the state licensing of activities for rendering legal aid and extends on legal entities and physical person.
2. The state licensing of activities for rendering legal aid is performed by the Ministry adalat Turkmenistan and includes licensing, its renewal, suspension of action and cancellation of the license, control of observance by the legal entities and physical persons which obtained the license, licensed requirements and conditions.
3. Physical persons - the citizens of Turkmenistan having the higher legal education, length of service on legal specialty at least 5 years which passed qualification examination in the Ministry adalat Turkmenistan have rights to be engaged in activities for rendering legal aid.
The physical person can perform activities for rendering legal aid independently without formation of legal entity or as a part of the legal entity whose single type of activity is rendering legal aid. Such legal entity can be formed in the presence of at least three people conforming to the requirements established by paragraph one of this Item.
The physical person who is engaged in activities for rendering legal aid as a part of the legal entity performs the specified activities based on the license granted to the legal entity.
4. For receipt of the license the legal entity or physical person wishing to be engaged in activities for rendering legal aid (the license applicant hereinafter is referred to as further), files to the Ministry adalat Turkmenistan the following documents: legal entities:
a) the statement for licensing (appendix No. 1) with indication of the name and form of business of the legal entity, legal address, the name of the servicing bank, numbers of settlement and currency accounts, statistical and tax codes;
b) the copies of constituent and state registration documents certified notarially;
c) the document confirming payment of preparation of materials for consideration.
The legal entity represents also data on physical persons who in its structure will be engaged in activities for rendering legal aid;
a) the statement for licensing (appendix No. 2) with indication of surname, name, middle name, passport data (series, number when also by whom it is issued, the residence);
b) the copy of the certificate on its state registration as the individual entrepreneur certified notarially;
c) copy of the diploma;
d) personal leaf on registration of personnel;
e) the characteristic from the last place of employment;
g) copy of the service record;
h) photographs 3x4 (4 pieces);
i) the document confirming payment of preparation of materials for consideration.
All documents are accepted according to the inventory which copy is handed to the license applicant with mark about date of documents acceptance.
5. The decision on issue or on refusal in licensing is accepted by the Ministry adalat Turkmenistan based on the conclusion of the qualification commission of the Ministry in a month. The ministry adalat Turkmenistan notifies the license applicant on the made decision in writing within 3 days after adoption of such decision.
The notification on licensing goes or handed to the license applicant with indication of bank account details and payment due date of the license fee.
The notification on refusal in licensing goes or handed to the job seeker with indication of causes of failure.
6. The ministry adalat Turkmenistan grants the license within 3 days after representation by the license applicant of the document confirming payment of the license fee.
If the license applicant within 3 months after decision about licensing did not pay the license fee, the Ministry adalat Turkmenistan has the right to cancel the decision on licensing.
After receipt of license for activities by the legal entity on rendering legal aid the workers who are again accepted by it for implementation of the licensed activities take in accordance with the established procedure qualification examination.
7. The basis for refusal in licensing is:
availability in the documents submitted by the license applicant, the doubtful or distorted information;
discrepancy of the license applicant to licensed requirements and conditions;
negative conclusion of the qualification commission;
filing of application before the expiration of 2 years from the date of cancellation of earlier granted license.
8. In the license (appendix No. 3) are specified:
the name of the body which granted the license;
for legal entities - the name and legal address;
for physical persons - surname, name, middle name, the residence;
license effective period;
activities implementation conditions;
registration license number and date of issue.
Transfer of the license to other legal entity or physical person is forbidden.
9. In case of change of the name of the legal entity having the license or the place of its stay, change of passport data of physical person, loss of the license the licensee shall submit without delay the application for renewal of the license, with appendix of the relevant documents confirming the specified data.
Renewal of the license is performed in 15-day time from the date of submission of the corresponding statement by the owner of the license about what the Ministry adalat Turkmenistan enters necessary changes in register of licenses.
For renewal of the license or issue of its duplicate (in connection with loss or reduction in unsuitable condition) collection in the amount of 20 percent from the established size of the license fee which goes to the Centralized budget of Turkmenistan is levied.
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