October 6, 2018

Law of the Republic of Uzbekistan dated 25.12.1998 with No. 721-I (as amended).

On Guarantees of Advocatory Activity and Social Protection of Advocates

Article 1. Right to perform of advocatory activity

Advocatory activity can be performed by citizens of the Republic of Uzbekistan without any discrimination of gender, race, nationality, language, religion, social background, views, personal and social status.

For performing of advocatory activity a license shall be issued in the manner prescribed by the legislation.

Article 2. General principles of law practice

General principles of law practice are the following:

–      Independence of the advocate;

–      Strict observance of professional ethics, advocatory secrecy and oath;

–      Using methods and means not forbidden by legislation.

Article 3. Oath of the advocate

The advocate on a meeting of the appropriate qualification committee shall take an oath of the following content:

“I solemnly swear to fulfill my professional duty honestly and in good faith, consistently protect human rights and freedoms, keep advocatory secrecy, strictly observe the Constitution and laws of the Republic of Uzbekistan”.

Article 4. Authorities of the advocate

The advocate has the right to perform the advocatory activity within the whole territory of the Republic of Uzbekistan, as well as beyond its boundaries, if it is necessary for fulfillment of an assumed instruction and does not contradict legislation of relevant countries.

Authorities of the advocate for conducting a certain case shall be certified by an Order.

The advocate, as a party, has equal rights with all participants of the process on all stages of proceedings.

The advocate carries the following rights:

–      to familiarize with all materials of the case and write out necessary data in the manner prescribed by the legislation;

–      to have private appointments with his defendant from the moment of detention thereof without any restriction of their quantity and duration in the manner prescribed by the legislation.

–      to use recording devices and other technical means during insight and trial in the manner prescribed by the legislation;

–      to familiarize in the manner prescribed by the legislation with information presenting state secrecy, commercial or other secrecy, if it is necessary for executing defense of representation at proceedings on a criminal case as well as at proceedings on a civil, economic or administrative case.

The advocate has other rights stipulated by the legislation.

The advocate carries the following obligations:

–      to consult legal entities and individuals taking from him legal advice, on their rights and obligations;

–      not to take a professional position impairing situation of the person taking from him legal advice;

–      in case of issuance of a resolution illegitimate from the point of view of the defendant, to appeal it in the manner prescribed by the legislation.

The advocate carries other obligations stipulated by the legislation.

Article 5. Ensuring independence of the advocate

Independence of the advocate is ensured by:

–      established by law procedure of his/her access to perform advocatory activity,

–      immunity of the advocate;

–      prohibition to request of divulgence of an advocacy secrecy;

–      responsibility for interference into cases under the advocate’s proceeding or for violation of immunity of the advocate;

–      providing him/her with guarantees of advocatory activity and social protection by the state.

Article 6. Immunity of the advocate

The advocate’s personality is inviolable. Inviolability of the advocate shall be applied to his dwelling, office premises, used by him means of communication and transportation, his correspondence, belonging to him goods and documents.

A criminal case towards the advocate can be initiated by the General Prosecutor of the Republic of Uzbekistan, the prosecutor of the Republic of Karakalpakstan, regional and Tashkent prosecutors and prosecutors equivalent to them.

Penetration into the dwelling or office premises of the advocate, into his personal or used by him transport, examination thereof, search or caption, monitoring his negotiations on telephones or other communication devices, personal examination or search of the advocate as well as examination or caption of his post- and telegraph correspondence, goods and documents belonging to him, bringing to court or detention of the advocate can be executed under the sanction of the General Prosecutor of the Republic of Uzbekistan, the prosecutor of the Republic of Karakalpakstan, regional and Tashkent prosecutors and prosecutors equal to them.

A preventive measure in the form of detention or house arrest can be applied to a advocate by a district (city) criminal court at the request of the General Prosecutor of the Republic of Uzbekistan, the Prosecutor of the Republic of Karakalpakstan, prosecutors of regions, the city of Tashkent and equivalent prosecutors.

No directions for legal position of the advocate in a case can be made by an inquisitive organ, investigator or prosecutor, as well as no private resolutions in the stated conjunction can be given by court.

The advocate can not be called to criminal, material or other forms of responsibility or threatened therewith in conjunction of rendering juridical assistance to legal entities or individuals in accordance with law.

Article 7. Inadmissibility of interference into the advocate’s activity

Interference into activity of the advocate during execution of his professional obligations on protection of rights and legal interests of legal entities and individuals can not be admitted.

It is prohibited to demand from the advocate or his/her assistant and trainee any explanations or evidences on circumstances presenting advocatory secrecy, as well as to provide any materials thereon for using them in operational search actions, proceedings on criminal, administrative and other cases.

Demand for any special permission (except the Order and advocate’s identity card) or generation other impediments for performing of advocatory activity are prohibited.

Any form of influence over the advocate in purpose of prevention of examination of a certain case or achievement of forced taking by the advocate a position contradicting legal interests of the defendant , as well as any threatens, insults, calumny, violence towards the advocate or infringement on his life, health or property entail responsibility in accordance with legislation.

Article 8. Ensuring protection of advocatory activity

The advocate and his professional activity are under protection of the government. It is prohibited to deny private appointments of the advocate with his defendant, familiarization with all materials of a criminal case and writing out necessary data.

Request, caption, examination, inspection, copying, collection and usage of information concerning legal advice, is admitted only in case of impleading the advocate as the accused, in other cases at proceedings on criminal, civil, economic, disciplinary and administrative cases only with the consent of the person taking legal advice (client).

The government provides the advocate with:

–      ability to fulfill professional duties;

–      ability to consult persons seeking legal advice whether within the territory of the Republic of Uzbekistan or abroad;

–      necessary protection at emergence of a danger for life and health in conjunction with fulfillment of his professional duties.

Violation of professional rights of the advocate from the side of state or other organs, officers or citizens entails responsibility stipulated by the legislation.

Article 9. Guarantees of ensuring legal assistance

Every person can apply for legal assistance to any advocate on his own choice for protection of his rights, freedoms and legal interests.

The detained, accused, defendant or convicted must be provided with necessary conditions for unimpeded and confidential appointment and consultation with the advocate.

Article 10. Protection of life and health of the advocate

Life and health of the advocate are under protection of the state.

Article 11. Means of advocacy

Advocacy is a none-commercial organization and performs its activity at the expense of own funds.

Personnel, official salaries and administrative-economic expenses budgets of advocacy are not liable for registration in financial organs.

Wage fund of advocacy is not controlled by banks.

Article 12. Mutual relations of the state and advocacy

The state cooperates with advocacy for ensuring the right of every citizen for equal and free access to legal assistance.

Issues concerning interests of advocacy are solved in the prescribed manner by state bodies with participation of the Chamber of Advocates of the Republic of Uzbekistan.

The state in the prescribed manner provides the advocate with necessary premises in places convenient to public access.

Advocacy may be afforded privileges in payments for communal services, communications and other benefits in the manner prescribed by legislation.