LAW OF THE REPUBLIC OF TAJIKISTAN

of March 18, 2015 No. 1182

About legal profession and lawyer activities

Accepted by the Resolution MH MOPT of January 7, 2015, No. 1725

Approved by the Resolution MM MORT of March 5, 2015, No. 787

This Law establishes the legal basis of lawyer activities, the right and obligation of lawyers, and also the organizations of legal profession.

Chapter 1. General provisions

Article 1. Basic concepts

The basic concepts applied in this Law:

- legal profession - professional association in which lawyers combined with the purpose of rendering legal aid;

- the lawyer - person who received the status of the lawyer in the procedure established by this Law;

- lawyer activities - the professional activity rendered by persons which received the status of the lawyer for the purpose of rendering qualified legal aid to physical persons and legal entities for protection of their rights, freedoms and legitimate interests, and also ensuring access to justice;

- the lawyer fee - the remuneration for given legal aid determined by the agreement between the lawyer and the principal;

- lawyer secret - any data connected with rendering legal aid by the lawyer to physical person or legal entity;

- lawyer forming - organizational form of implementation of lawyer activities;

- the principal - the physical person or legal entity which asked the lawyer for legal aid in the form of consultations or representation, and also for protection of its rights, freedoms and legitimate interests;

- legal means and methods - the means and methods of rendering legal aid which are not prohibited by the legislation of the Republic of Tajikistan;

- legitimate interest - interest of physical persons and legal entities, directly or indirectly established by the legislation of the Republic of Tajikistan and international legal acts recognized by Tajikistan;

- the order - the document of single sample established by the Union of lawyers, confirming powers of the lawyer on rendering legal aid;

- The union of lawyers of the Republic of Tajikistan (further - the Union of lawyers) the single, independent, non-state and non-profit professional organization based on obligatory membership of lawyers of the Republic of Tajikistan;

- the status of the lawyer - legal and social position of person who acquired the right to perform lawyer activities in the procedure established by this Law;

- territorial authorities of the Union of lawyers - structural divisions of the Union of lawyers in the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, the cities and areas of republican subordination;

- the certificate of the lawyer - the official document confirming availability at person of the status of the lawyer;

- legal aid - the qualified and professional help given by lawyers for protection of the rights, freedoms and legitimate interests of physical persons and legal entities with use of legal means and methods.

Article 2. Legislation of the Republic of Tajikistan on legal profession and lawyer activities

The legislation of the Republic of Tajikistan on legal profession and lawyer activities is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts of the Republic of Tajikistan, and also international legal acts recognized by Tajikistan.

Article 3. Lawyer

1. The lawyer shall be the member of the Union of lawyers.

2. The lawyer is the independent professional adviser of the principal for legal issues.

3. The lawyer has the right to combine lawyer activities with work as the head of lawyer forming, on elective offices in the Union of lawyers and its territorial authorities, and also public associations of lawyers, including international.

4. The lawyer gives the following legal aid:

- gives consultations and references according to legal issues in oral or written form;

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

- represents the interests of physical persons and legal entities in the constitutional legal proceedings;

- participates as the representative of physical persons and legal entities in civil, family, economic and arbitration legal proceedings;

- participates in quality of the representative or defender of physical persons and legal entities in criminal trial and production on cases on administrative offenses;

- participates as the representative of physical persons and legal entities in other bodies for the dispute resolution;

- participates as the representative of legal entities in trial in the international commercial arbitration;

- represents the interests of physical persons and legal entities in state bodies, self-government institutions of settlements and villages, public associations and other organizations;

- represents the interests of physical persons and legal entities in state bodies, courts and law enforcement agencies of foreign states, international courts, non-state bodies of foreign states if other is not established by the legislation of foreign states, statutory documents of international courts and international organizations or international legal acts recognized by Tajikistan;

- participates as the representative of physical persons and legal entities in enforcement proceeding;

- renders other types of legal aid which are not prohibited by the legislation of the Republic of Tajikistan.

5. Lawyers of foreign states have no right to perform lawyer activities in the territory of the Republic of Tajikistan, except for economic cases on questions of the rights of foreign state which do not contain the state secret. These lawyer activities are performed by lawyers of foreign states only after their entering into the Special register of lawyers of the foreign states performing activities in the Republic of Tajikistan (further - the Special register of lawyers of foreign states).

Article 4. Lawyer activities

1. Lawyer activities are not entrepreneurial.

2. The legal aid given by the following persons is not lawyer activities:

- employees of state bodies and self-government institutions of settlements and villages;

- employees of legal services of legal entities;

- participants and employees of the organizations rendering legal services;

- patent agents, except as specified, when the lawyer acts as the patent agent;

- other persons who are specially authorized by the legislation of the Republic of Tajikistan on conducting professional activity.

3. Operation of this Law does not extend also to bodies and persons who perform representation according to the legislation of the Republic of Tajikistan.

Article 5. Principles of lawyer activities

Lawyer activities are based on the following principles:

- legality;

- independence of lawyers and lawyer activities;

- providing high-quality legal assistance;

- equality of lawyers;

- non-interference to lawyer activities;

- obligation of membership of the lawyer in the Union of lawyers;

- respect and protection by the lawyer of the rights, freedoms and interests of the principal.

Article 6. Legal profession and state

1. The legal profession is institute of civil society and is not a part of the system of state bodies, local government bodies of settlements and villages.

2. For the purpose of assistance of lawyer activities and ensuring availability to the population of legal aid, state bodies provide guarantees of independence of legal profession, perform financing of activities of the lawyers giving free legal aid to physical persons in cases stipulated by the legislation the Republic of Tajikistan, and also in need of the procedure established by regulatory legal acts of the Republic of Tajikistan allocate to lawyer forming service premises, the equipment and the means of communication.

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