Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF MOLDOVA

of July 19, 2002 No. 1260-XV

About legal profession

(as amended on 22-04-2021)

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Concept of lawyer activities

(1) Lawyer activities are performed by the qualified persons authorized according to the law to act and act on behalf of the clients, to practice the right, to appear at degree of jurisdiction or to advise and represent the clients on legal issues.

(2) Lawyer activities are free and independent, under the autonomous organization and functioning, in accordance with the terms, established by this law and the charter of lawyer profession. Lawyer activities are not entrepreneurial.

Article 2. Regulation of lawyer activities

Regulation of lawyer activities is performed by means of:

a) determinations of the main conditions and procedure for rendering qualified legal aid to physical persons and legal entities in the Republic of Moldova;

b) determinations of organizational forms of lawyer activities;

c) determinations of types of legal aid;

d) establishments of guarantees of implementation of activities for rendering qualified legal aid;

e) establishments of procedure for the admission to lawyer activities.

Article 3. Principles of activities of legal profession

Activities of legal profession are based on the following principles:

a) ensuring the right of defense guaranteed by the Constitution;

b) freedom and independence of implementation of lawyer activities;

c) democratism and collective nature in relations between lawyers;

d) voluntariness of membership in professional associations of lawyers;

e) law enforcement and humanity.

Article 4. Legal basis of activities of the lawyer

(1) the Legal basis of activities of the lawyer are the Constitution of the Republic of Moldova, this law, other laws regulating the specified activities, the charter of lawyer profession, and also the international agreements, one of the parties of which is the Republic of Moldova.

(2) the Charter of lawyer profession and the changes made to it are published in the Official monitor of the Republic of Moldova.

Article 5. Right to qualified legal aid

(1) Any person has the right to choose freely to itself the lawyer for receipt of consultations and representation by it on legal issues.

(2) the State provides access to qualified legal aid to all persons according to this law.

(3) Physical persons and legal entities has the right to use in accordance with the established procedure legal aid of any lawyers by agreement of the parties.

(4) In the cases provided by the law, qualified legal aid is paid from the government budget.

(5) Considering financial position of person, the lawyer can give him free legal aid.

(6) Lawyers of the Republic of Moldova have the right to carry out personal errands or to perform lawyer activities in other states if it is stipulated by the legislation the relevant state.

Article 6. Implementation of lawyer activities by lawyers from other states

(1) Lawyers from other states can perform lawyer activities in the territory of the Republic of Moldova provided that conform to the requirements provided by this law, except the requirement about nationality availability.

(2) in the territory of the Republic of Moldova the lawyer from other state can perform Activities, the confirmatory status of the lawyer in country of source and entered in the special register which conducts Council of the Union of lawyers of the Republic of Moldova (which is referred to as further the Union of lawyers).

(3) the Lawyer from other state cannot represent the interests of physical persons or legal entities in degrees of jurisdiction and in the relations with other bodies of the public power differently as in the international commercial arbitration. In case that is required by interests of the client, and also at the request of the client the lawyer from other state can give help to the lawyer from the Republic of Moldova.

(4) the Lawyer from other state can perform activities as a part of lawyer office or the joint lawyer bureau on the basis of the agreement.

(5) the Register of lawyers from other states having the right to perform lawyer activities in the territory of the Republic of Moldova is published on the official page of the Union of lawyers in the Internet.

Article 7. Provision of the legal aid guaranteed by the state

Conditions, amount and procedure for provision by lawyers of the legal aid guaranteed by the state are established by the Law on the legal aid guaranteed by the state.

Article 8. Types of qualified legal aid

(1) Lawyers render to physical persons and legal entities the following types of qualified legal aid:

a) advise, make explanations and the conclusions according to legal issues, oral and written references by the legislation;

b) constitute documents of legal nature;

c) represent their interests in degrees of jurisdiction;

d) represent their interests according to legal issues in the relations with bodies of the public power, public notaries, legal executives and other physical persons and legal entities;

e) participate in process of criminal prosecution and legal proceedings on criminal cases as defenders or representatives of the victims, claimants, defendants and witnesses;

f) perform activities of the incorporated trustee;

g) perform activities for independent investigation.

(2) Rendering the qualified legal aid provided by Items c) and e) parts (1), by the physical person or legal entity which does not have the status of the lawyer it is punished if the law does not provide other.

(Lawyers render 3) to physical persons and legal entities and other legal aid which is not prohibited by the law both according to one-time orders, and on long-term basis.

(4) in the course of rendering legal aid the lawyer can certify copies of documents and the statement from them and to witness signatures on the documents necessary for rendering legal aid. The lawyer has no right to make these actions for himself, members of the family, relatives or cousins-in-laws.

(5) the Actions specified in part (4), also dung about compliance to the original makes sure the sign and seal of the lawyer if that is available for him, with indication of date.

Article 9. Service quality of legal aid

The legal aid given by the lawyer shall correspond to the advanced professional practice in points of law, to the material and procedural rules and be based on professional and correct behavior.

Chapter II. Lawyers

Article 10. Requirements to implementation of lawyer activities

(1) Lawyer activities can be performed by person who is the citizen of the Republic of Moldova concerning whom the judicial measure of protection in the form of guardianship is not established having the diploma of the licentiate of the right or the equivalent education document, having faultless reputation and allowed to lawyer activities after passing qualification examination.

(2) the following persons Are exempted from passing of professional training and passing qualification examination:

a) owners of degree of the doctor juris;

b) persons having at least ten-year length of service in judgeships or the prosecutor if within six months after resignation from the corresponding position they submitted the application for issue to them of the license for occupation lawyer activities;

c) persons having at least ten-year length of service in judgeship or the prosecutor and after resignation from judgeship or the prosecutor continued to work in the field of the right if within six months after resignation from the position held in area of the right they submitted the application for issue to them of the license for occupation lawyer activities;

d) persons having at least six-year years of service of continuous work in judgeships or the prosecutor - graduates of rates of basic training of judges or prosecutors at National institute of justice.

(3) Person who submitted the application for licensing for lawyer activities is not considered person with faultless reputation, and its application is not granted if this person:

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