of September 21, 2012
About cooperation of the Ministries of Justice of state members of Eurasian economic community in the field of legal profession and lawyer activities
The Ministries of Justice of state members of Eurasian economic community (further - EurAsEC) which are hereinafter referred to as with the Parties
being guided by the Agreement on cooperation of the Ministries of Justice of state members of Eurasian economic community of April 16, 2003 (with changes of May 23, 2011),
recognizing need of cooperation of the Parties in the field of legal profession and lawyer activities and expressing readiness to perform cooperation on harmonization of legislations of state members of EurAsEC in the field of legal profession and lawyer activities,
considering the social importance of lawyer activities in regulation of the public relations in state members of EurAsEC,
agreed as follows:
The parties promote creating favorable conditions for legal regulation of realization of the main directions of cooperation in the field of legal profession and lawyer activities.
This agreement does not interfere with determination and development of other directions of cooperation, except provided, Article 3 of this agreement, with observance of legislations and international obligations of the states.
The parties communicate about the taken measures for enhancement of the legislation in the field of legal profession and lawyer activities.
The parties perform cooperation in the following main directions:
creation of effective system of exchange of legal information in the field of legal profession and lawyer activities, including materials of court practice (the data of information databases, other resources containing information of legal nature), including by request at authorized bodies and the organizations;
experience exchange, project development of regulating and methodical documents in the field of legal profession and lawyer activities;
creation of effective mechanisms of interaction of lawyers of state members of EurAsEC when implementing by them of protection and representation in court;
organization of events (training, conferences, seminars) for the purpose of experience exchange, analytical, expert materials in the field of legal profession and lawyer activities;
monitoring of law-enforcement practice of lawyer associations (communities) of state members of EurAsEC;
ensuring availability of legal services (help) of lawyers, including by establishment of the minimum quality standards of their rendering;
creation of bases of corporate cooperation of professional lawyer associations (communities) and corporate management, including by optimization of forms of business of lawyer associations (communities) within legislations of the states;
project development of the documents directed to enhancement of lawyer activities;
informing lawyer associations on the course and results of cooperation within this agreement,
other directions which are not contradicting this agreement.
The parties when implementing cooperation within this agreement are guided by the following principles:
observance of the rights and legitimate interests, freedoms of man and citizen by lawyers and lawyer associations (communities) when rendering legal services (help);
every possible assistance to the purposes and tasks of cooperation within this agreement;
creation and providing optimal conditions for cooperation of lawyers and lawyer associations (communities) of the Parties;
equality in realization of the purposes and tasks provided by this agreement;
ensuring realization of the rights of citizens and legal entities of state members of EurAsEC to receipt of lawyer services (help);
observance of regulations of legislations of the states of the Parties regarding protection of lawyer secret and confidential information;
implementation of innovative technologies in activities of professional lawyer associations (communities).
The purposes of this agreement are:
creation of single legal space of rendering the lawyer help;
rapprochement, harmonization and development of legislations of state members of EurAsEC in the field of legal profession and lawyer activities and in determination of the single list of the cases allowing rendering legal aid by persons who do not have the status of the lawyer;
enhancement of the organization and activities of lawyers and lawyer associations (communities) and lawyers;
increase in professional qualification of lawyers by development of the international professional and scientific exchange;
incorporation of professional associations (communities) of lawyers of state members of EurAsEC in international associations and associations of lawyers;
creation of dialogue platforms for development of the practical and doctrinal decisions directed to distribution of positive experience of law-enforcement practice;
forming of premises for use of innovative technologies when implementing lawyer activities.
Tasks of this agreement are:
information exchange concerning law enforcement in the field of legal profession and lawyer activities;
development of the methodical recommendations submitted on enhancement of legislations of state members of EurAsEC in the field of lawyer activities;
ensuring access of persons conforming to requirements of legislations of the states to the lawyer's profession;
availability in legislations of the states of the Parties of classification requirements for persons wishing to acquire the status of the lawyer;
creation of effective system of interaction of lawyer associations (communities) of state members of EurAsEC and support of scientific and educational actions, and also joint programs of legal regulation in the field of legal profession and lawyer activities;
creation of the effective control system from lawyer associations (communities) behind compliance of activities of lawyers to requirements of legislations of the states of the Parties in the field of lawyer activities;
development of the quality standards of the legal services (help) establishing obligatory criteria of the admission of persons to implementation of lawyer activities in the territories of state members of EurAsEC.
The disputes connected with interpretation and/or application of this agreement are permitted by consultations and negotiations between the Parties.
Changes and additions which are drawn up by separate protocols can be made to this agreement.
This agreement is signed for a period of five years and becomes effective from the date of its signing. After the five-year period it is automatically prolonged for the subsequent five-year periods if the Parties do not agree about other.
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