the legal profession in Tajikistan[1]
1. The organization and structure of the legal profession 2. Permission to engage in legal practice 3. The cost of legal services 4. Free legal aid 5. Reform of the Bar Conclusion 1. The organization and structure of the legal profession
In Tajikistan the legal basis of legal aid, and advocacy are regulated by the Law which initially had a supreme legal form - a “Constitutional Law”. According to the academic classification of constitutional laws it falls under the third group as a law whose enactment is expressly laid down by the Constitution. Article 92 of the Constitution of the Republic of Tajikistan of 6 November 1994 stated that “legal aid is guaranteed at all stages of investigation and court proceedings. The organization and procedure of the activities of the Bar and other forms of rendering legal aid are determined by the Constitutional Law”. Tajikistan was the only CIS country that attached such a status to the Law on the Bar[2]. The Constitutional Law “On the Bar” was adopted on 4 November 1995 and was progressive for Tajikistan Bar since it set out the independence of the Bar and its independence from the state bodies including the Ministry of Justice, contained state guarantees of independent advocacy, the norms forbidding interference with advocacy and creating unlawful obstruction for advocacy, and also regulated the cooperation between the state bodies and the bodies of defence lawyers’ self-governance in protecting the rights, freedoms and legitimate interests of the public and provision of legal aid to physical and legal entities. For the first time the independence of the Bar in Tajikistan was secured in law and the Bar became a legal institution of civil society which corresponded to the international law standards regarding defence lawyers’ role in society and the role of the institution of the Bar. On 22 July 2003, after the nation-wide referendum changes and amendments were introduced into Article 92 of the RT Constitution: the words “Constitutional Law” were replaced by the word “Law”. Subsequently, changes and amendments were introduced into the Law “On the Bar” as a result of which not only the independence of the Bar but also its integrity were jeopardized. At present the institution of the Bar in Tajikistan is a professional public body which does not have a unified system. Tajikistan is a country where there are two types of defence lawyer. Apart from the so called “traditional” defence lawyers’ bodies, bar associations, there are unattached groups of “solo” defence lawyers and separate defence lawyers’ bodies. Документ показан в сокращенном демонстрационном режиме
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