LAW OF TURKMENISTAN

of May 10, 2010 No. 105-IV

About legal profession and lawyer activities in Turkmenistan

Chapter I. General provisions

Article 1. Legal profession and lawyer activities

1. Legal profession - the professional association of lawyers founded on the principles of self-government, created for the purpose of implementation of lawyer activities, which is legal institution of civil society and not a part of the system of public authorities.

2. Lawyer activities is the professional legal aid of the lawyer given according to the procedure, established by the law, for the purpose of protection of human rights and freedoms, legitimate interests of legal entities, assistance to providing and strengthening of legality in society.

3. Lawyer activities are not entrepreneurial and the payment received by the lawyer for rendering legal aid is its salary.

4. The legal aid given by the following persons does not belong to lawyer activities:

- employees of legal services of legal entities, employees of public authorities;

- notaries public.

Article 2. Legislation on legal profession and lawyer activities

1. The legislation on legal profession and lawyer activities is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts regulating activities of legal profession.

2. Procedural law and the lawyer's obligations when implementing protection or representative office of physical persons and legal entities are determined by the relevant legislation of Turkmenistan.

Article 3. Principles of lawyer activities

Lawyer activities are based on the following principles:

1) respecting the rule of law, independence, self-government and equality;

2) realization of constitutional right on receipt of professional legal aid, access to implementation of justice on the basis of equality and competitiveness of the parties;

3) availability to all of legal aid of the lawyer;

4) implementation of lawyer activities by the methods and means which are not prohibited by the legislation of Turkmenistan;

5) inadmissibility of intervention in activities of the lawyer, except as specified, directly stipulated by the legislation Turkmenistan;

6) implementation of lawyer activities according to moral standards, ensuring compliance with lawyer ethics and lawyer secret.

Article 4. Guarantees of provision of legal aid

1. The state guarantees rendering necessary professional legal aid to all.

2. The state guarantees equal rights of all physical persons and legal entities in the territory of Turkmenistan on receipt of legal aid, data on its nature and procedure for obtaining.

3. The state guarantees rendering free legal aid and protection of the rights of certain physical persons in cases, stipulated by the legislation Turkmenistan.

Article 5. Types of the legal aid provided by lawyers

1. The lawyer, giving legal aid:

1) gives consultations and explanations according to legal issues in oral, and also written form;

2) constitutes statements, claims, petitions and other documents of legal nature;

3) is performed by representation of the principal on civil and arbitration cases;

4) performs protection or representation of the principal on criminal cases and cases on administrative offenses in state bodies, bodies of inquiry, pretrial investigation and court;

5) is performed by representation of the principal in public institutions, other organizations of all patterns of ownership, regional authorities and local self-government, public associations and in relations with physical persons;

6) is performed by representation of the principal in the international judicial and commercial arbitral authorities, in the state, judicial, law enforcement agencies and other organizations of foreign states if it does not contradict the legislation of these states and international treaties of Turkmenistan;

7) gives help in legal relationship of the principal with the relevant organizations, the organizations or citizens of foreign states;

8) in accordance with the established procedure gives legal aid to legal entities of all patterns of ownership, and also physical persons and legal entities of foreign states.

2. The lawyer has the right to give and other legal aid, stipulated by the legislation Turkmenistan.

3. Person who asked for legal aid is free in the choice of the lawyer. In cases of absence or impossibility of the choice of the lawyer to it for rendering legal aid the lawyer is appointed.

Article 6. Agreement on rendering legal aid

1. Lawyer activities are performed based on the contract between the lawyer and the principal or his representative. This agreement has civil character and consists between the lawyer and the principal or his representative in simple written form.

The standard form of the agreement affirms the chairman of presidium of Bar of the welayat, city with the rights of the welayat and the state value in coordination with the Ministry адалат Turkmenistan.

2. In the agreement the following shall be specified:

1) the information about the identity of the lawyer performing the order and the principal or his representative;

2) contents of the order;

3) conditions and amount of payment of legal aid;

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