The USA Journals Volume 03 Issue 12-2021
50
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 21, 2021 |
Pages:
50-55
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-08
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
This article is analyzes on the basis of the legislation of foreign countries, on requirement of having
minimum work experience in the legal specialty assigned to a person who files an application for
obtaining the status of an advocate with a license that gives the right to engage in activities of
advocate, and provides an idea of the possibilities of introducing their positive experience into national
legislation.
KEYWORDS
Advocate, Status Of Advocate, License To Practice Law, Work Experience In The Legal Profession.
INTRODUCTION
One of the necessary requirements for
becoming an advocate in Uzbekistan is to
obtain a license (hereinafter referred to as a
license) in the prescribed manner, which gives
the right to practice law. The current legislation
sets certain requirements for a person applying
for the status of an advocate (hereinafter
referred to as the applicant) in order to obtain
this license. In particular, the applicant must
have at least two years of work experience in
the legal specialty, including at least three
months of internship in the advocacy structure
(law firm, board of advocates and legal
advisory office).
Analysis Of The Requirement Having Work Experience In The
Legal Profession For A Person Applying For The Status Of An
Advocate In Order To Obtain A License For The Right To
Practice Law
Alibek Matmurotov
Acting Associate Professor Of The Department Judicial, Law Enforcement Agencies And
Advocacy, Tashkent State University Of Law, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 12-2021
51
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 21, 2021 |
Pages:
50-55
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-08
I
MPACT
F
ACTOR
2021:
5.
952
MAIN PART
The Law of the Republic of Uzbekistan "On
Advocacy" does not contain a clear definition
of the length of service in the legal profession,
where the applicant works, the length of
service in the legal profession and when the
length of service in the legal profession is
calculated.
In addition, there are a number of barriers to
obtaining a license in the current legislation. In
particular, the applicant must have at least two
years of work experience in the legal
profession, as well as at least three months of
experience in the bar.
Currently, there is no clear rule on whether
work experience would be considered as a
‘legal’ work experience in the legal profession,
so the work experience of those who
graduated from ‘tekhnikums’ (which is
qualified as pre-university degree awarding
institutions) and worked in positions such as
assistant lawyer, legal assistant and other legal
information
is
also
considered
work
experience in law.
“Another issue is the lack of advocates in our
country. Therefore, in order to attract young
professionals to the field, the requirement for
legal internship will be abolished, and people
with higher legal education will have the
opportunity to pass a law exam after 3 months
of training,” said President of Uzbekistan
Shavkat Mirziyoyev. [1]
The requirements on work experience in the
legal specialty for obtaining the status of
advocate should not completely exclude from
legislation. On the contrary, it is possible to
offer applicants an internship within the time
limits established by law as an alternative to
this requirement.
If we study the experience of foreign countries
in this regard, it is stated that a person who is
applying for the status of advocate in the
Russian Federation must have at least two
years of work experience in a legal specialty or
must undergo an internship in the structures of
advocate within the periods established by the
Federal law of the Russian Federation “On
advocacy and activity of advocate”. [2]
At the same time, it is established that the
length of service in the legal profession is
calculated from the time when individuals first
receive higher legal education.
In addition, the law clearly states which cases
are included in the length of service in the legal
profession. In particular, in order to obtain the
status of advocate, it is necessary to have
worked in federal government agencies,
government
agencies
of
the
Russian
Federation and other government agencies in
public positions requiring higher legal
education.
It should be noted that in the Russian
Federation, a specific category of cases has
been defined, and it is stated that only these
cases are work experience in the legal
profession. In particular, prior to the adoption
of the current Constitution of the Russian
Federation, positions in the USSR, RSFSR and
state bodies of the Russian Federation
requiring higher legal education, municipal
positions requiring higher legal education,
higher legal education in the Judicial
Department of the Supreme Court of the
Russian Federation. as a legal academic, judge,
lawyer, assistant lawyer, notary in positions, in
The USA Journals Volume 03 Issue 12-2021
52
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 21, 2021 |
Pages:
50-55
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-08
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2021:
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positions requiring higher legal education in
legal services of organizations, in positions
requiring higher legal education in research
institutions, as well as in vocational education
institutions, higher education institutions and
scientific organizations work done.
According to D.A.Dobryakov, an applicant for
the status of advocate should have a work
experience in the legal profession after
obtaining a higher legal education. [3, p 379]
V.Y.Abramov stressed the need to make it
more difficult to obtain a advocate’s status in
the Russian Federation, and for this it is
necessary to make changes in the sense that
the length of service in the legal profession
should not be less than five years.
According to the legislation of the Republic of
Ukraine, in order to become an advocate, an
individual must have at least two years of work
experience in the field of law and have
completed an internship. [4]
At the same time, the Law of Ukraine "On
Advocacy and Activity of Advocate" defines
the concept of work experience in the field of
law, according to which work experience in the
field of law is a work experience in the specialty
after obtaining a complete higher legal
education.
According to the legislation of the Republic of
Armenia, in order to practice activity of
advocate, a person must have at least two
years of work experience in the legal
profession. [5] In this case, a lecturer of law in
a non-governmental, state div or local self-
government div or organization that requires
higher legal education, secondary special,
higher special and postgraduate special
education institutions, the length of service in
the legal profession required to obtain a
license for advocacy, a judge or prosecutor, a
lawyer or a trainee lawyer, a notary or an
investigator.
According to the legislation of Azerbaijan, in
order to become an advocate, an applicant
must have at least three years of work
experience in the field of law or at least three
years of work experience in scientific and
pedagogical educational institutions in the
field of law. [6]
According to Article 7 of the Law of the
Republic of Belarus "On Advocacy and Activity
of Advocate in the Republic of Belarus", to
become an advocate requires at least three
years of professional experience.
An analysis of the legislation of the Republic of
Kazakhstan shows that in order to obtain the
status of an advocate, an applicant is not
required to have work experience in the legal
profession. However, it should be noted that
the current legislation stipulates that the
internship period is included in the length of
service in the legal profession. [7]
According to Kyrgyz law, an advocate must
have a license to practice law in accordance
with the law, Article 19 of the Law “On
Advocacy and Activity of Advocate of the
Kyrgyz Republic” stipulates that in order to
obtain a license to practice law, one must have
at least one year of experience in the legal
profession. [8]
In addition, the Law of the Kyrgyz Republic “On
Advocacy and Activity of Advocate of the
Kyrgyz Republic” provides that the length of
service in the legal profession required to
obtain a license to practice law, which existed
in government agencies, including before the
The USA Journals Volume 03 Issue 12-2021
53
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 21, 2021 |
Pages:
50-55
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-08
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2021:
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adoption of the current Constitution of the
Kyrgyz Republic in public positions requiring
higher legal education, in municipal positions
requiring higher legal education, in positions
requiring higher legal education in legal
services of organizations, in positions requiring
higher legal education in research institutions,
in secondary, higher and postgraduate
vocational education institutions a teacher of
law, a judge, an assistant lawyer, and a notary.
According to Article 12 of the law of the
Republic of Tajikistan “On Advocacy and
Activity of Advocate”, for the status of
advocate should be passed at least two-year
work experience in the legal speciality or an
internship in the structure of advocacy within
the period established by this law.
The study found that in Tajikistan, the required
length of service in the legal profession
required to obtain the status of an advocate
requires a higher legal education in public
administration and civil service positions,
regardless of organizational and legal forms
requiring higher legal education, in the legal
service
of
organizations,
higher
legal
education. positions in demanding research
institutions,
judges,
prosecutors
and
investigators, teachers of law, lawyers,
assistant lawyers in higher and postgraduate
education.
According to Article 9 of the Law of the
Republic of Turkmenistan “On Advocacy and
Activity of Advocate in the Republic of
Turkmenistan”, in order to obtain the status of
an advocate, a person must have at least two
years of continuous work experience in the
legal profession. It should be noted that the
internship in Turkmenistan is included in the
length of service in the legal profession.
A study of the Georgian Law “On Advocacy”
states that the requirements for becoming an
advocate do not require work experience in
the legal profession, but it is stipulated that in
order to become an advocate, one must have
worked as an advocate or trainer of advocate
for at least one year.
Article 7 of the Law of the Republic of Lithuania
"On
Advocacy"
clearly
defines
the
requirements for becoming an advocate, one
of which must have at least five years of
experience in the legal field or at least two
years of experience as an assistant advocate.
[9]
It should be noted that the work in the legal
field includes the works listed in the list
approved by the Government of the Republic
of Lithuania. It should be noted that the length
of service in the legal field in the Republic of
Lithuania is calculated from the moment of
obtaining a bachelor's or master's degree in
law or a professional qualification (single-level
law university education) and employment in
law.
CONCLUSION
Based on the above analysis, we believe that
the Law of the Republic of Uzbekistan “On
Advocacy”
should
be
amended
and
supplemented as follows:
First, a rule should be established that the
length of service in the legal profession is
calculated from the time when individuals first
receive higher legal education;
Secondly, the advocacy legislation of the
studied foreign countries specifies which jobs
and activities are included in the work
experience in the legal profession. However,
The USA Journals Volume 03 Issue 12-2021
54
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 21, 2021 |
Pages:
50-55
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-08
I
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ACTOR
2021:
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work experience in the legal profession has
been identified as a necessary requirement not
only to become an advocate, but also to work
with judges and other positions. Therefore, it is
not advisable to include it in the Law of the
Republic of Uzbekistan “On Advocacy”. In our
opinion, the length of service in the legal
profession should be included in the list of
works approved by the Cabinet of Ministers of
the Republic of Uzbekistan;
Thirdly, it would be a mistake, in our opinion, to
place work experience in the legal profession
as a single mandatory requirement. This is
because in the studied foreign countries, the
applicant is required to have a work experience
in the field of law or to undergo an internship.
Therefore, it would be expedient to apply to
our national legislation an internship as an
alternative to the requirement of work
experience in the legal profession.
Summarizing the above analysis, it can be
concluded that the proposed changes and
additions to the national legislation will, firstly,
significantly increase the number of advocates,
secondly, to fill the bar with highly qualified
young professionals, and thirdly, qualified legal
entities and individuals.
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December 21, 2021 |
Pages:
50-55
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https://doi.org/10.37547/tajpslc/Volume03Issue12-08
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