The IBA’s response to the war in Ukraine
Uzbekistan International Trade in Legal Services
Uzbekistan International Trade in Legal Services
HOME COUNTRY LICENSING QUESTIONS
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Is there legislation governing the legal sector |
The Law “On Advocacy” of 27 December 1996 , the Law “On Guarantees for Protecting Legal Practice and Social Security of lawyers” of 25 December 1998 and Decree of the President of the Republic of Uzbekistan of May 1, 2008 No??-3993 "On Measures on Further Reforming of the Bar in the Republic of Uzbekistan" |
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Under what title do lawyers practise? |
Advocate |
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How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?
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According to the Law 'On Advocacy', an advocate must be a citizen of the Republic of Uzbekistan, hold a University degree in law and have obtained a licence to practise. Licences are issued following an examination set by the Higher Qualifications Commission and the swearing of an oath. Candidates must be legally competent and not have any unspent criminal convictions. Since the passage of the new law in 2008, licensing has been carried out by the Chamber of Advocates and membership is compulsory. A postgraduate three year training course was launched in 2010 for new advocates. |
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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 Uzbekistan is national. |
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Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction? |
Uzbek legislation is unclear on the areas of work reserved to advocates; however it is the case that only licensed advocates can provide legal aid to any persons including assistance in the course of representation in court. |
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Do you need to hold local nationality to be eligible to practise law? |
Only an Uzbek national can become an advocate. |
| What legal forms can lawyers work in? (e.g. self employment, partnership, limited liability partnership, multi-disciplinary partnership, incorporation) |
An Uzbek advocate may work as a sole practitioner, set up his/her own law office, work in a college of advocates, or create a law firm jointly with other lawyers. |
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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 Legal Profession” (article 7, p.1). The Rules of Professional Ethics of Uzbekistani Lawyers were adopted by the Founding Conference of the Chamber of Lawyers of Uzbekistan on 12 September 2008. |
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Do law firms need to receive a "license" (or permission/approval) to practice law? |
Law offices, colleges of advocates and law firms as well as lawyers’ associations must be registered with the Ministry of Justice or Regional Departments of Justice. |
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Which authority issues licences? Are there different authorities for individuals and firms? |
The Chamber of Uzbek Lawyers is responsible for issuing licences to advocates. |
GENERAL TRADE IN LEGAL SERVICES QUESTIONS
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Is the jurisdiction a member of the WTO? |
Uzbekistan is currently negotiating membership of the WTO |
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Has it made any commitments under GATS in legal services? |
Not applicable |
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Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries? |
Uzbekistan is a member of the Commonwealth of Independent States and has bilateral agreements with the Kyrgyz Republic and Ukraine. |
| Do these currently include legal services or are there plans to include them in future? |
The coverage of Uzbekistan's bilateral agreements is limited to goods. |
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Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements? |
No |
| Are there any 'foreign law' firms present in this jurisdiction? |
There are 3-4 foreign law firms in Uzbekistan including a UK firm, a Ukraine firm and a regional CIS firm but all of the lawyers working in these firms appear to be Uzbek lawyers. |
INDIVIDUAL FOREIGN LAWYERS
| Are there any explicit rules or restrictions other than visas on fly in fly out practice of law? Ie. Do you need to obtain a licence for temporary practice? |
The boundaries of regulated legal work are unclear in the legislation but there are no explicit rules relating to fly-in fly-out practice of law or any requirement to obtain a temporary licence. |
| Can a foreign lawyer obtain a visa to visit clients or to market but not to practice? |
Citizens of Kyrgyzstan (up to 60 days), Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Moldova, Russia and Ukraine do not need visas to visit Uzbekistan. Citizens of other countries may receive visas on the basis of invitations from natural or juridical persons. |
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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 clear licensing system for foreign lawyers. |
| Are there any conditions that must be fulfilled once a foreign lawyer has been granted a limited licence (e.g. residency requirement) |
Not beyond the general requirements for the issuance of work permits to foreign nationals |
| Are there any conditions that must be fulfilled for a foreign lawyer to qualify for a limited licence? (e.g. prior practice) |
Not applicable |
| Are foreign lawyers permitted to undertake arbitration and mediation? |
The Arbitration Tribunal Act limits arbitrators to those of Uzbek nationality. |
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Are foreign lawyers allowed to appear in court under any circumstances?
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No |
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Can foreign lawyers requalify as local lawyers?
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There is a nationality requirement which makes it impossible for non-Uzbek citizens to requalify as advocates. |
FOREIGN LAW FIRMS
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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. |
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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) |
Registration of foreign companies must be made with the local authority for state registration (khokimiyat, or the Inspectorate for Registration of Entrepreneurial Entities). |
| Are there different types of foreign law firm 'licence' (e.g. Joint Law Venture, stand alone foreign licence etc) |
Not applicable |
| Is there a quota on the number of licences available? |
There are no quantitative limitations on law firms |
| Are there geographical restrictions on foreign firm licences or on the number of branches a foreign firm can have? |
There are no geographical restrictions on law firms |
| Are there "scope of practice" rules that apply directly to foreign law firms (as opposed to lawyers themselves)? (e.g. home, host, international law), if so, what are they? | |
| Are there restrictions on the corporate form a foreign law firm can take? | |
| Are there rules about the name a foreign law firm can take? | |
| What entity grants a 'license' to a foreign law firm? If that entity is on the Internet, please provide the URL |
EMPLOYMENT AND PARTNERSHIP
| Are there restrictions on the ownership share of foreign lawyers in a law firm? |
No |
| May a domestic lawyer be employed by a foreign lawyer or law firm? |
Yes |
| Can a domestic lawyer enter into partnership with a foreign lawyer? |
Yes |
| Can a domestic lawyer or domestic law firm employ a foreign lawyer? |
Yes |
OTHER USEFUL LINKS/SOURCES
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Other useful sources or comments or links |
Ministry of Justice - www.minjust.uz |