Kyrgyzstan International Trade in Legal Services

Is there legislation governing the legal sector

The Law “On Advocacy” (the “Law on Advocacy”) adopted on 21 October 1999 (last revised on 12 October 2013) governs the activity of advocates in the territory of the Kyrgyz Republic.

Under what title do lawyers practise?

Lawyer, Legal Counsel, Attorney, Advocate.

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

A licence to practice law in the Kyrgyz Republic is not required for the provision of legal counselling services and representation in courts under civil law cases (where only a valid power of attorney is required).  An advocate’s licence is only required by lawyers who act as advocates in criminal cases in the courts of the Kyrgyz Republic. The Law on Advocacy therefore only regulates the procedure for obtaining the Advocate’s Licence.
The Qualifications Commission of the Ministry of Justice of the Kyrgyz Republic sets the examination procedure for prospective advocates. In order to be admitted and pass the examination an individual must be a citizen of the Kyrgyz Republic, hold a higher law degree, have at least one year of legal experience (or have experience of working as an assistant of an advocate for at least one year) and should not have been convicted of any deliberate crime. Once the Advocate’s Licence has been granted, there is no need to renew it (unless it was revoked in accordance with Law on Advocacy).
Individuals with five or more years of work experience working at the Department of the President of the Kyrgyz Republic, Prosecutor's Office, investigation divisions of law enforcement bodies, courts, the Parliament of the Kyrgyz Republic, the Government of the Kyrgyz Republic and, the Parliament of the Kyrgyz Republic, where the character of their work requires a mandatory legal education, as well as deputies of the Parliament of the Republic with law degrees, are exempted from the Advocate’s examination.

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

The Advocate’s Licence to practise law as an advocate in the Kyrgyz Republic is limited to the territory of the Kyrgyz Republic.

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

Acting as an advocate and providing representation in criminal cases is strictly reserved to those lawyers who are licensed in the Kyrgyz Republic.  Other lawyers wishing to practise civil law are not required to obtain an Advocate’s License.

Local nationality is not required for practising law except for being an advocate and conducting legal representation in criminal cases, which is generally reserved only to the citizens of the Kyrgyz Republic.

There is no particular limitation in the legal forms through which lawyers may conduct their professional activities. Individual entrepreneurship, employment contract, incorporation in a form of a partnership, a limited liability or joint stock company are among the legal forms commonly used by lawyers in the Kyrgyz Republic.

What other ethical or regulatory requirements must a licensed lawyer comply with? 

A licensed lawyer must follow the general requirements of the legislation of the Kyrgyz Republic and the lawyer’s professional ethics. The Rules of Professional Ethics of Lawyers were adopted by the Order of the Ministry of Justice of the Kyrgyz Republic (repealed in 2009).

Do law firms need to receive a "license" (or permission/approval) to practice law?

There is no separate requirement for a law firm to receive a license in addition to individual Advocate’s Licences.

Which authority issues licences? Are there different authorities for individuals and firms? 

Advocate’s licences are issued by the Ministry of Justice of the Kyrgyz Republic.

Is the jurisdiction a member of the WTO?

The Kyrgyz Republic joined WTO on December 20, 1998.

Has it made any commitments under GATS in legal services?

The Kyrgyz Republic has made full commitments in modes 1-3 ‘cross-border provision of services’, ‘consumption abroad’ and ‘commercial presence’ which allows foreign lawyers to render legal services in their home country law and on public international law (excluding Kyrgyz law). The commitment on ‘commercial presence’ is subject to the qualification that advocacy services may only be provided by Kyrgyz citizens and only an advocate has the right to provide legal services in connection with criminal matters.

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

The Kyrgyz Republic is a member of the Commonwealth of Independent States and has bilateral trade agreements with Armenia, Kazakhstan, Moldova, the Russian Federation, Ukraine and Uzbekistan.

The coverage of the Kyrgyz's Republic's bilateral agreements is limited to goods.

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

No

There are several law firms in the Kyrgyz Republic that are part of wider regional networks. 

There are no explicit rules or restrictions (other than visas and work permit) on the fly-in fly-out practice of law. Foreign lawyers cannot act as advocates in criminal cases in the courts of the Kyrgyz Republic unless the Kyrgyz Republic and the respective foreign country are parties to an international (bilateral) agreement which provides a mutual recognition of advocates’ licences.

Foreign lawyers may obtain visas to visit clients in the Kyrgyz Republic. However, they should not be engaged in direct sale of legal services in the Kyrgyz Republic without obtaining a work permit.

There is no requirement for a foreign lawyer to obtain a licence to practise law as a foreign legal consultant in Kyrgyz Republic. Foreign lawyers cannot act as advocates and provide representation in criminal cases in the courts of the Kyrgyz Republic unless the Kyrgyz Republic and the respective foreign country are parties to an international (bilateral) agreement which provides a mutual recognition of advocates’ licences.

Not beyond the general requirements with respect to visas and work permits for foreign nationals.

There is a quota on work permits for foreign-licensed professionals.

There is no restriction on foreign lawyers appearing in civil courts. As for the criminal courts, foreign lawyers may appear as experts but cannot provide advocacy services unless the Kyrgyz Republic and the respective foreign country are parties to an international (bilateral) agreement which provides a mutual recognition of advocates’ licences.

Can foreign lawyers requalify as local lawyers?

Can a foreign law firm obtain a licence to open an office?

There is no requirement for foreign law firms to obtain licences.

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

Not applicable

No

No

No

Yes

Yes

Yes

Other useful sources or comments or links

Information with respect to the advocate’s activities – the website of the Ministry of Justice of the Kyrgyz Republic: http://minjust.gov.kg/?page_id=2631.