Key Benefits:
(Adopted by Decree No. 73 of 14 September 2005 of the Government of the Grand Turkmen People) Article 1, in order to guarantee the necessary legal services for citizens in difficult economic conditions, regulate and promote legal assistance, and in accordance with the State Department's Legal Aid Regulations and the Modalities for Legal Assistance in the Province of Excellence, establishes this approach in conjunction with my city. Article 2 citizens in line with the provisions of this approach may be granted legal aid institutions to assign or arrange legal advice from legal aid workers, correspondence, representation, criminal defence, etc. This approach refers to the approval by the Government of the people of the city and the district (market) of the establishment of specialized institutions responsible for legal assistance. The approach refers to legal aid personnel designated by legal aid institutions or to the organization of legal aid institutional staff, lawyers, grass-roots legal service providers and legal aid volunteers. Article 3 governs the supervision of legal assistance in the present administration, both in the city and in the district administration of justice. The City Bar Association shall assist in legal assistance under this scheme in accordance with the statute of the Bar Association. Article IV municipalities and districts (markets) should establish legal aid institutions, in accordance with the relevant provisions of the State and the province, to incorporate legal aid provisions into the financial budget and to ensure that the cause of legal aid is coordinated with the level of economic development and social security. Legal aid funds should be earmarked and no sector may be permitted to remain and diverted. Article 5 Legal aid institutions are responsible for reviewing, receiving requests for legal assistance from citizens, assigning or arranging legal aid workers and providing operational guidance to legal aid personnel. Legal aid institutions can draw on legal expertise in higher education institutions and other social organizations, as well as those who voluntarily participate in legal aid, and participate in legal assistance. Article 6. Legal aid workers need access, referral, photocopy information and legal evidence in the conduct of legal aid matters, and the relevant units and individuals should be assisted and the collection or removal of the related costs. Contributions to units and individuals to the cause of legal aid are in accordance with national provisions allowing for pre-payments. Article 7 provides recognition and incentives to organizations and individuals that have made a prominent contribution in legal assistance. Article 8. Civil persons may apply legal aid to legal aid institutions on the following matters: (i) Request for compensation by the State in accordance with the law; (ii) To request social insurance treatment or minimum living guarantees for rural and urban residents; (iii) Request for payment of pensions, interim relief payments and survivors' benefits; (iv) Request for payment of maintenance, maintenance and dependency fees; (v) Request for payment of labour compensation; (vi) To claim civil rights arising from heroic act; (vii) Request for employment injury treatment; (viii) To claim civil rights arising from environmental pollution, public health and safe production; (ix) Persons with disabilities (including veterans), older persons and minors who claim compensation for damages; (x) Closely linked to the basic conditions of life of citizens and other matters where legal aid institutions believe that legal assistance is required. Article 9 citizens who apply for legal assistance are in accordance with one of the following conditions and should be identified as economic hardship: (i) Access to minimum living guarantees for rural and urban residents; (ii) The acceptance of living remedies by the victims; (iii) The Government of the people who live in the place of residence or often in the streets, the town of the town, confirms that their family life is indeed difficult; (iv) The review by legal aid institutions does not have the capacity to pay. The street offices or the communes (communes) have shown that the applicant's family population, labour capacity, employment status, family property, family month (annual) per capita income and source, loss of life and the recognition of the economic hardships of the village councils or villagers' councils should be provided in detail. Article 10 is one of the following cases in criminal proceedings and citizens can apply to legal aid institutions: (i) The suspect was not engaged in a lawyer because of the economic difficulties, after the first interrogation by the investigative body or when the coercive measures were taken; (ii) Victims in public prosecution cases and their legal agents or close relatives, who have been transferred from the date of the trial of the prosecution, have not been entrusted with the agents for the proceedings because of economic difficulties; (iii) Since the date on which the case was received by the People's Court, the author and his legal representative had not been entrusted with the act agent because of economic difficulties. The case before the public prosecutor, where the accused had not been entrusted with the defence for economic hardship or other reasons, and the people's courts should provide legal assistance. The accused are blind, deaf, dedor or minors who are not entrusted to the defence or who may be sentenced to death or have not been entrusted to the defence, and when the People's Court appoints the accused, the legal aid body shall provide legal assistance without a review of the economic situation of the accused. Article 12 citizens apply for legal assistance on matters set out in articles 8 (i) to (vi) of this approach, and apply to legal aid institutions at the location of the obligation organ or at the place of the person's residence. Citizens apply for legal assistance on matters set out in articles 8 (vii) to (x) of this approach, to apply to the same-level legal aid institutions that are located in the organ in which the application is dealt with; to the applicant's place of residence or to the institution of legal assistance in the area where the application arises. Article 13 requires citizens in criminal proceedings to apply for legal aid to the same-level legal aid institutions at the seat of the competent people's courts. The application of the alleged offender in custody is transmitted to the legal aid institution within 24 hours of the body to which the relevant documentation, proof of material required for legal assistance is provided by the legal representative of the applicant or by the close family. Article 14. The same matter of legal assistance, both legal aid institutions are entitled to receive, and the applicant may apply to any of these legal aid institutions; the applicant submits legal assistance requests to the two legal aid institutions for the benefit of the legal aid institutions that were first received. The application has a significant impact on the entire city, which can be dealt with directly by the municipal legal aid agency or jointly with the district (market) legal aid institutions. In the event of a dispute between legal aid institutions, a common superior judicial administration is appointed to receive the application. Article 15. Civil requests for legal assistance shall be submitted to: (i) Residential identity cards or other valid identity certificates, which should also be submitted by an agent; (ii) Econsistent to the economic hardships required by this approach; (iii) Materials related to legal assistance requested. Article 16, upon receipt of legal aid requests, should be reviewed; the applicant's submission of documents, proof of incompleteness, may require the applicant to make the necessary additions or clarifications that the applicant has not made a request for supplement or clarification as to the withdrawal of the application; and it is considered that the applicant's documents, proof of the material needs to be validated by the legal aid agency. In order to meet the legal aid conditions, legal aid institutions should decide to provide legal assistance within three days of the date of receipt of the request; for reasons not in accordance with the legal aid conditions, the applicant should be informed in writing. Article 17, the applicant contests the notification made by the legal aid institution that is not in accordance with the conditions of legal aid, which may be submitted to the judicial executive branch of the legal aid institution that should be reviewed within five working days of the date of receipt of the objection and that the judicial administration should, in writing, be responsible for providing legal assistance to the applicant in a timely manner. The staff responsible for reviewing and receiving requests for legal assistance are close relatives of legal aid applicants or are in the interest of the application. A staff member reviewing and receiving legal aid requests to avoid, either by themselves or by the applicant, decided by the legal aid agency; a waiver by the head of the legal aid institution and decided by the competent judicial administration. Article 19, which was appointed by the People's Court, sent a copy of the letter of defence and the indictment or a copy of the judgement to the legal aid body at its location by 10 years of the trial; the People's Court would not be tried at its seat to transmit a copy of the letter of defence and the indictment or a copy of the judgement to the legal aid institution of the trial. Article 20 Legal aid institutions decide to provide legal aid and shall assign or arrange legal assistance to legal aid personnel within three days of the date of the decision. In cases where the People's Court appoints the defence, the legal aid institution shall respond to the list of the designated people's courts by 3 p.m. Article 21 Legal aid personnel should accept the assignment or organization of legal aid cases and submit legal aid instruments developed in a uniform manner by the relevant organs, units to legal aid institutions; conservative secret secrets for the recipient; non-ware grounds for denying, delaying or ending legal aid cases; and no funds from the recipient and his or her relatives should be collected or otherwise unjustifiable. In implementing legal aid, the recipient has the right to be informed of the progress made in legal aid matters provided to it; there is evidence that the legal aid worker does not carry out its duties under the law and that the recipient may request legal aid institutions to replace the legal aid worker, and that legal aid institutions should make decisions to be replaced after review. Article 23. The obligation of the recipient to provide timely information on the facts and relevant circumstances of the legal aid matters, to assist legal aid workers in investigating the facts of the case, and, in the event of legal aid matters and changes in the economic situation of the recipient, the recipient should communicate promptly to legal aid or legal aid institutions. Article 24 Persons dealing with legal aid cases should be reported to legal aid institutions, which have been reviewed and terminated legal aid: (i) Changes in the economic income of the recipient and no longer meet the legal aid conditions; (ii) The case shall terminate or have been cancelled; (iii) The recipients themselves entrust the lawyer or other agent; (iv) The recipient provides false material; (v) The recipient requests that legal aid be terminated. Article 25, by consensus among the relevant legal aid institutions, legal aid institutions that receive legal aid requests may transmit all legal aid matters to other legal aid institutions or entrust some of the legal aid matters to other legal aid institutions. All legal aid matters were transmitted, the rights and obligations of that legal aid matter were enjoyed and assumed by the receiving legal aid agency, but the results should be communicated to the legal aid institutions entrusted with some of the legal aid matters, which should be completed in a timely manner in accordance with the time requested by the commission, the content of the commissioning and the legal aid institutions entrusted with the outcome; the failure to complete, cannot be completed in a timely manner or be sent to the legal aid institutions entrusted with it. Article 26 Article 27, after the conclusion of legal aid matters, legal aid personnel shall submit copies or copies of relevant legal instruments to legal aid institutions, as well as material such as the closure of reports. After receiving the material provided in the preceding paragraph, legal aid agencies should pay legal aid assistance to legal aid legal aid legal aid practitioners in legal aid matters. The subsidy criteria are implemented in accordance with the management approach to the use of legal aid funds in the Greater City, published by the Judicial Bureau of the Grande Town. In violation of this approach, the Legal Aid Agency rejects the application submitted by citizens for compliance with the legal aid conditions or for failing to perform legal aid responsibilities after their acceptance, by the executive branch of the judiciary, and the administrative disposition of the person directly responsible and other persons responsible. The twenty-ninth approach was implemented effective 1 November 2005. |
