RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF UZBEKISTAN, MINISTRY OF FINANCE OF THE REPUBLIC OF UZBEKISTAN

of November 26, 2008 No. 8, on November 26, 2008 No. 109

About approval of the 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

According to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of June 20, 2008 N 137 "About measures for enhancement of the payment mechanism of the legal aid given by lawyers at the expense of the state" (2008, N 26-27, Art. 250) the Ministry of Justice and the Ministry of Finance of the Republic of Uzbekistan decide collection of the legislation of the Republic of Uzbekistan:

1. Approve the enclosed 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.

2. Recognize to invalid:

The instruction about payment of the legal aid given by lawyers to physical persons and legal entities approved by the Ministry of Finance on August 6, 1998 for N 18-01 and the Ministry of Justice on August 15, 1998 for N 07-1995;

Rules about payment procedure of work of the lawyer on rendering the legal aid to the suspect, the person accused or the defendant charged the states approved by the Ministry of Finance on August 6, 1998 and the Ministry of Justice of the Republic of Uzbekistan on August 19, 1998.

3. This resolution becomes effective after ten days from the moment of its state registration in the Ministry of Justice of the Republic of Uzbekistan.

Approved by the Resolution of the Ministry of Justice of the Republic of Uzbekistan and the Ministry of Finance of the Republic of Uzbekistan of November 26, 2008 No. 8, on November 26, 2008 No. 109

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

This Provision in compliance the 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" (The collection of the legislation of the Republic of Uzbekistan, 2008, Art. No. 26-27, 250) establishes 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.

I. General provisions

1. According to Article 50 of the Code of penal procedure of the Republic of Uzbekistan (The sheet of the Supreme Council of the Republic of Uzbekistan, 1995, N 2, the Art. 4), article 11 of the Law of the Republic of Uzbekistan "About legal profession" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1997, N 2, of the Art. 4) and the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of June 20, 2008 N 137 "About measures for enhancement of the payment mechanism of the legal aid given by lawyers at the expense of the state" in case of release of the suspect, the person accused or the defendant from payment of the legal aid given by lawyers expenses on payment of legal aid are charged to the state.

2. The basis for reference of expenses on rendering legal aid by lawyers to the suspect, the person accused or the defendant into the account of the state are the resolution of the investigator, investigator, prosecutor, determination of court on release from payment of legal aid.

3. Persons in whose families the average comprehensive monthly earnings falling on each family member do not exceed 1,5 are subject to release from payment of the legal aid given by lawyers with reference of expenses on the account of the state - the multiple size of the minimum wage established on the date of pronouncement of the resolution (determination) on release from payment of legal aid based on the conclusion issued by descent of citizens of the settlement, kishlak, the aul waved or the commission authorized by descent of citizens on the place of residence of the suspect, person accused or defendant with appendix, in the presence, of the certificate of its income for the last twelve months issued on place of employment.

The obligation on collection of the documents specified in paragraph one of this Item is assigned to the investigator, the investigator, the prosecutor and court. The specified documents can be submitted to the investigator, the investigator, the prosecutor and court also by the suspect, the person accused, the defendant or their relatives.

In the absence of possibility of collection of the specified documents in terms during which it is necessary to make urgent investigative actions, the investigator, the investigator the prosecutor has the right to exempt the suspect and the person accused from payment of legal aid with the subsequent collection of these documents.

In case of identification of the facts of lack of the bases for release of the suspect, the person accused, the defendant from payment of legal aid expense recovery on the legal aid given by lawyers is assigned to the convict.

4. 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 Criminal Procedure Code of the Republic of Uzbekistan participation of the defender in criminal case by acknowledged obligatory.

5. Payment of the legal aid given by lawyers is performed based on the certificate of given legal aid in form according to appendix to this Provision (further - the reference) through territorial subdivisions of Committee of treasurer service under the Ministry of Economics and finance of the Republic of Uzbekistan 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 at the expense of the means provided in parameters of expenses of the Government budget.

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