Tajikistan International Trade in Legal Services

Is there legislation governing the legal sector

The Law “On Advocacy” adopted on 4 November 1995.

Under what title do lawyers practise?

Advocate

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

The licensing situation in Tajikistan is unclear. The Law of 17 May 2004 "On  Licensing Certain Types of Activity" gave responsibility for issuing legal licences to the Ministry of Justice, which does so without requiring candidates to pass any examination. However, in practice, the majority of lawyers are continuing to follow the 'Law on Advocacy' which requires Tajik advocates to obtain licences from, and be members of, a College of Advocates.  Membership of a College is open to Tajiki nationals who have higher legal education and a minimum of two years’ experience of the practice of law, or who have had training with an Advocate for a period of six months to one year. Candidates must pass an examination set by the Quali?cations Commission of their College.

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 licence to practise law in Tajikistan is national.

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

The law is unclear. Article 6 sets out the 'types of services provided by Advocates' , which include: Consultation and clarification, oral and written references on legal issues; Preparing applications, complaints, motions and other legal documents; Inquiry, data collection and preparation of materials for the consideration and resolution of the established order; Implementation representation in civil cases, administrative cases and other types of cases; Participation in the criminal justice process, when considering economic disputes and the Constitutional Court as counsel and other representatives; As well as by other means, consistent with all applicable laws.' However the law doesn’t make it clear whether advocates have a monopoly in the provision of all of these types of legal services. 

Do you need to hold local nationality to be eligible to practise law?

Only a Tajik national can become an advocate

Lawyers in Tajikistan can either practise as individuals or they may join a college of lawyers.  According to the Tajik legislation a college of lawyers shall be formed upon the initiative of not less than 40 lawyers, but no special permission shall be required to establish such an association. The founders shall call a general meeting to adopt the Charter and elect governing bodies of the College. 

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

Advocates must adhere to the requirements of legislation and professional ethics (Law “On Advocacy”(article 11, p.1).

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

Colleges of lawyers must be registered with the Ministry of Justice.

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

Licences for individuals and colleges are issued by the Ministry of Justice following the 'Law on Licensing' 2004 but in practice, most advocates still obtain their licences from a College of Advocates.

Is the jurisdiction a member of the WTO?

Tajikistan joined the WTO on 10 December 2012

Has it made any commitments under GATS in legal services?

Not known

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

Tajikistan is  a member of the Commonwealth of Independent States and has bilateral agreements with the Russian Federation and Ukraine.

The coverage of Tajikistan's bilateral agreements is limited to goods.

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

No

There is a Kazakh law firm with a presence in Tajikistan.

There are no explicit restrictions on the fly-in fly-out practice of law outside the regulated area of criminal defence.

Business visitors may obtain a visa to visit Tajikistan but must have an invitation from a Tajik business.

Can a foreign lawyer obtain a licence to establish and practise as a foreign legal consultant and what is the scope of this limited licence?

There is no requirement for foreign lawyers to obtain licences to practise as foreign legal consultants in Tajikistan given that practice outside the area of legal aid is unregulated.

Not beyond the general requirements for the issuance of work permits to foreign nationals.

No

According to the Regulation on Arbitral Tribunals for Resolution of Economic Disputes in the Republic of Tajikistan 1997 parties are free to appoint the arbitrators of their choice.

Are foreign lawyers allowed to appear in court under any circumstances?

Unclear

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 special licences to practise law beyond the usual company registration procedures.

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

There are no quantitative limitations on law firms

There are no geographical restrictions on law firms

There are no ownership limitations but at least 70% of the employees of a foreign owned company must be Tajik citizens.

Yes

Yes

Yes

Other useful sources or comments or links

Ministry of Justice - http://www.ijozat.tj/index.php?option=com_content&view=section&id=19&Itemid=15&lang=en