ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF UZBEKISTAN

of March 14, 2009 No. 68-mkh

About approval of the Regulations on the Highest qualification commission under Chamber of lawyers of the Republic of Uzbekistan

According to article 13 of the Law of the Republic of Uzbekistan "About legal profession" (Sheets of Oliy Majlis of the Republic of Uzbekistan 1997, No. 2, 48) I order to the Art.:

1. Approve Regulations on the Highest qualification commission under Chamber of lawyers of the Republic of Uzbekistan according to appendix.

2. Make state registration of this order and enter the corresponding record in the State register of regulatory legal acts of the ministries, state committees and departments of the Republic of Uzbekistan.

3. To management of systematization of the legislation and legal information (A. Inanbabayev) and to Management of notariate, the REGISTRY OFFICE and legal professions (D. Yakubov) to provide finishing this regulatory legal act within ten days to data of all interested persons and publication to "Uzbekistan to Respublikasi the eve of huzhzhatlara of tuplama" "Collection of the legislation of the Republic of Uzbekistan".

4. This order becomes effective after ten days from the date of its state registration.

5. To impose control over the implementation of this order on the deputy minister B. Kanyazov.

Appendix

to the Order of the Minister of Justice of the Republic of Uzbekistan

Regulations on the Highest qualification commission under Chamber of lawyers of the Republic of Uzbekistan

This Provision according to the Law of the Republic of Uzbekistan "About legal profession" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1997, No. 2, the Art. 48) determines powers and procedure for the organization of activities of the Highest qualification commission under Chamber of lawyers of the Republic of Uzbekistan (further - the Highest qualification commission).

I. General provisions

1. The highest qualification commission is formed for:

considerations of appeals on decisions of the qualification commissions under territorial administrations of Chamber of lawyers of the Republic of Uzbekistan (further - the appeal);

generalization and the analysis of practice of work of the qualification commissions under territorial administrations of Chamber of lawyers of the Republic of Uzbekistan (further - the qualification commissions).

2. The highest qualification commission is formed by the joint decision of Chamber of lawyers of the Republic of Uzbekistan (further - Chamber of lawyers) and the Ministries of Justice of the Republic of Uzbekistan (further - the Ministry of Justice) in odd quantity from among the lawyers having authority among colleagues, and also experienced specialists in the field of the right.

3. The highest qualification commission in the activities is guided by the Constitution and the laws of the Republic of Uzbekistan, resolutions of chambers of Oliy Majlis of the Republic of Uzbekistan, decrees, resolutions and orders of the President of the Republic of Uzbekistan, resolutions and orders of the Cabinet of Ministers of the Republic of Uzbekistan and other acts of the legislation, and also Regulations on the qualification commissions under territorial administrations of Chamber of lawyers of the Republic of Uzbekistan (рег. No. 1921 of March 14, 2009), Rules of professional ethics of lawyers, decisions of Chamber of lawyers of the Republic of Uzbekistan and this Provision.

4. The highest qualification commission by consideration of questions and adoption of decisions on them is independent of Chamber of lawyers and the Ministry of Justice, other organizations, and also officials and citizens.

5. Material and financial provision of the Highest qualification commission is performed by Chamber of lawyers.

II. Powers of the Highest qualification commission

6. For accomplishment of the assigned tasks the Highest qualification commission: considers appeals of applicants, lawyers and other interested persons and makes on them relevant decisions;

requests, if necessary, additional documents from interested persons and the relevant organizations;

requests necessary documents at the relevant qualification commissions by consideration of appeals;

in the cases provided by this Provision holds qualification examinations at applicants and by results of their delivery makes decisions;

studies the newly discovered facts important for decision making;

draws the conclusions according to appeals of the qualification commissions about consideration of question of cancellation of the license;

draws the conclusions according to decisions of the qualification commissions on giving of qualification classes to lawyers;

addresses to Chamber of lawyers about carrying out action research of the qualification commissions with generalization and the analysis of practice of their work and by results of generalization and the analysis makes decisions;

The decisions of the Highest qualification commission made according to this Provision are obligatory for execution by the qualification commissions.

7. In case of accomplishment of the assigned tasks the Highest qualification commission shall:

objectively and comprehensively to consider the questions submitted for consideration of the Highest qualification commission;

it is strict to observe the legislation, the basic principles of lawyer activities;

provide guarantees and protection of lawyer activities, immunity of the lawyer, non-interference to lawyer activities.

III. Organization of activities of the Highest qualification commission

8. The structure of the Highest qualification commission affirms the joint resolution of Chamber of lawyers and the Ministries of Justice in number of 9 people from among the lawyers having authority among colleagues, and also experienced specialists in the field of the right. At the same time at least 5 members of the commission shall be lawyers. In structure of the Highest qualification commission experienced employees in the field of the right of bodies of courts, justice and other organizations for approval are attracted.

The chairman of the Highest qualification commission and his deputy are elected on the first commission session by open voting by a simple majority vote from total number of the present members of the commission. Candidates for the chairman and his deputy do not participate in vote.

The vice-chairman of the Highest qualification commission in cases of absence of the chairman presides over meeting of the Highest qualification commission.

Candidacies of lawyers in members of the Highest qualification commission are presented from among the lawyers having length of service on lawyer activities at least five years.

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