Turkmenistan International Trade in Legal Services

Is there legislation governing the legal sector

The Law “On approving the Statute on the Bar of Turkmenistan SSR” of 14 May 1981. 

Under what title do lawyers practise?

Advocates (members of the Bar).

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

In Turkmenistan only a Turkmen citizen with a licence can become an advocate. In order to obtain a licence an individual must have a law degree and pass the examinations set by the Ministry of Justice. First,applicants have to show their knowledge of the book “Rukhnama” by Saparmurat Turkmenbashi the Great and after that they must take the examinations covering the law and Turkmen legislation.  Once he/she has obtained a licence a candidate with two year's experience as a lawyer may be admitted to the Bar. 

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

ThThe licence to practise law in Turkmenistan is national.

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

The 'Law on licensing of some kinds of activity' of 16 June 1999 requires those providing legal assistance to legal and juridical persons' to be licensed.

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

Only a Turkmen national can be an advocate.

Turkmen advocates may work either as individual advocates or in legal entities

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

There are no separate ethical provisions for lawyers beyond those outlined in the law.

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

Not known

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

Licences are issued by the Ministry of Adalat (Justice)which works through Colleges of Lawyers to initiate disciplinary action against lawyers as well as to set lawyers’ tari?s, codes of conduct and examinations.

Is the jurisdiction a member of the WTO?

Turkmenistan is not a WTO member and has not applied to join.

Has it made any commitments under GATS in legal services?

Not applicable

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

Turkmenistan is  a member of the Commonwealth of Independent States and has bilateral agreements with Armenia, Georgia and Ukraine.

The coverage of Turkmemistan'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 only one foreign law firm, Curtis Mallet-Prevost, Colt and Mosle, with a presence in Turkmenistan.

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 Turkmenistan but must have an invitation from a Turkmen 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 defined licensing process for a foreign lawyer to become a foreign legal consultant. 

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

Not applicable

There is no specific arbitration legislation in Turkmenistan.

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

No

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 Turkmen citizens.

Yes

Yes.

Yes

Other useful sources or comments or links

Legislation of Turkmenistan - http://www.turkmenistan.gov.tm/?rub=12