ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF UZBEKISTAN

of March 27, 2009 No. 80-mkh

About approval of the Regulations on procedure for the organization of activities of the paralegal assistant

According to article 8 of the Law of the Republic of Uzbekistan "About legal profession" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1997, 2, of the Art. 48) I order to No.:

1. Approve Regulations on procedure for the organization of activities of the paralegal assistant 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 in "Uzbekiston Respublikasi the eve of huzhzhatlara of t¸plama"" the 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 E. Kanyazov.

 

Appendix

to the Order of the Minister of Justice of the Republic of Uzbekistan of March 27, 2009 No. 80-mkh

Regulations on procedure for the organization of activities of the paralegal assistant

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 procedure for the organization of activities of the paralegal assistant (further - the assistant).

I. General provisions

1. The lawyer when implementing lawyer activities can have the assistant.

2. The citizen of the Republic of Uzbekistan having the higher or secondary legal education can be the assistant.

3. Person recognized in accordance with the established procedure incapacitated cannot be the assistant or it is limited capable, and also having the outstanding or not removed criminal record.

II. Registration of employment as the assistant

4. Employment as the assistant in lawyer bureau, law firm, Bar is performed by the corresponding lawyer forming, in legal konsultatsiyusootvetstvuyushchy territorial administration of Chamber of lawyers of the Republic of Uzbekistan (further - territorial administration).

5. Employment as the assistant is made by the order of the head of lawyer forming (territorial administration) which also appoints the lawyer-curator.

6. Working conditions of the assistant are determined by the employment contract (contract) signed according to the procedure, established by the legislation.

7. The employment contract (contract) establishes the rights and obligations of lawyer forming (territorial administration), the lawyer-curator and the assistant, payment procedure of work of the assistant, operating mode, effective period of the employment contract (contract), condition of its termination, other questions of relations of lawyer forming (territorial administration), the lawyer-curator and assistant are regulated.

8. One person can be at the same time the assistant to several lawyers-curators performing lawyer activities in one lawyer forming that shall be reflected in the order on transfer in assistants and conditions of the employment contract (contract).

III. Organization of work of the assistant

9. Work of the assistant will be organized by lawyer forming.

10. Lawyer forming (territorial administration) to the assistant issues the certificate of the established sample. In case of the termination of the employment contract (contract) the certificate is subject to return to lawyer forming (territorial administration).

11. The assistant has no rights of the lawyer and is not allowed to business management in the bodies performing investigation verification, bodies of inquiry, pretrial investigation, courts and other state bodies.

12. The assistant submits directly to the lawyer-curator.

13. The assistant on specifying of the lawyer-curator carries out orders on the cases which are in production of the lawyer-curator except belonging to procedural powers of the last.

14. The assistant at the request of the lawyer-curator:

develops or takes part in project development of legal documents;

participates in preparation of the requests, petitions, statements and other documents necessary for lawyer activities of the lawyer-curator;

prepares materials for transfer them in bodies of inquiry, pretrial investigation, courts and other state bodies and the organizations;

performs accounting of the cases which are in production and finished with execution;

controls timeliness of submission of the requested documents and other materials;

carries out other orders connected with implementation by the lawyer-curator of lawyer activities.

15. Length of service as the assistant is set off in length of service on legal specialty, necessary for acquisition of the status of the lawyer.

16. Rules of professional ethics of lawyers and the requirement about preserving lawyer secret extend to the assistant.

17. Measures of encouragement and authority punishment, stipulated by the legislation can be applied to the assistant.

18. Compensation and social insurance of the assistant are made from the means which arrived in lawyer forming.

IV. Rights and assistant's obligations

19. The assistant during work has the right:

attend the practical training organized by lawyer forming;

participate in work of lawyer forming;

use the legal bases of data which are available in lawyer forming, special literature;

be engaged in systematization of normative material, generalization of law-enforcement practice, collection of the documents and other materials necessary for the lawyer-curator for execution of orders;

together with the lawyer-curator to take part in judicial sessions, investigative actions, to prepare drafts of legal documents;

make other actions which are not prohibited by the legislation.

20. The assistant during work shall:

honesty, timely and in full to carry out orders of the lawyer-curator;

it is permanent to increase the professional knowledge and skills;

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