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Law 31 Of 2010 Establishment Closet Retired Lawyers

Original Language Title: القانون 31 لعام 2010 إنشاء مؤسسة خزانة تقاعد المحامين

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Act No. 31 of 2010 Establishment of the Retirement Treasury


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Act No. 31 of 2010
Date-birth: 2010-10-26 History-Hjri: 1431-11-18
Published as: 2010-10-26
Section: A law.

Information on this Act:
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Law No. 31 of 2010
Establishment of the Lawyers' Retirement Treasury

President
Based on the Constitution

It was approved by the People's Assembly at its meeting held on 10/11/1431 A.H., 18/10/2010.

The following are issued:

Chapter I
Establishment of the Pension Treasury and its resources

Article 1

The Bar Association is established in a retirement institution called the Lawyers' Retirement Treasury.

Article 2

The purpose of the institution is to provide lawyers with pensions, compensation and subsidies in accordance with the provisions of this law.

Article 3

a. The Retirement Treasury is a legal person represented by the Bar Association and, in his absence, he is acting on behalf of his/her deputy.
b. The Bar Association shall be headed by the General Conference, the Treasury Board and its decisions, and contracts approved by the Board, which has the right to litigation in the name of the institution and the right to intervene on its own behalf or by a member of the lawyers, in each case of interest.

Article 4

a. Treasury resources comprise:
1. Pension proceeds.
2. The fees charged to the Treasury for the registration of professors and luminers and for re-registration and for transfer from one branch to another.
3. Fees for certification of judicial agencies.
4. A percentage of what is governed by a law fee in accordance with the provisions of the regulation law.
5. Stamp stamps.
6. The proceeds and investments of Treasury funds.
7. Grants and commandments.
8. Other legitimate resources.
b. The Pension Treasury share of the fees to be governed in accordance with the provisions of the Law on the Organization of the Legal Profession, in accordance with the due process of the collection of judicial fees and the heads of the court duet, to attach stamps for fees equal to those mentioned in section (4) of paragraph (a) of this Article on the verdict when you take it out.
c. Enterprise shall have and comply with the transferred and unmovable funds.

Chapter II
Treasury management

Article 5

a. The General Conference of the Bar Association has the following powers:
1. To believe the final account for the past fiscal year.
2. Adoption of the annual budget presented by the Treasury Board.
3. Identify the pension and fee revenue of the applicants and lawyers annually based on the proposal of the Treasury Board.
4. Determine the full amount of a pension based on the proposal of the Treasury Board.
5. Identification of the most valuable stamps and documents on which these stamps are attached, as proposed by the Treasury Board. The General Conference is based on the proposal of the Treasury Board to modify the weights of the accompanying stamps.
6. To decide on the matters presented to it by the Governing Council.
7. Election of an observer for the Pension Treasury and Associate, or more.
8. Appointment of a legal inspector of accounts.
b. The decision of the General Conference of the Union issued on the basis of item (5) of paragraph (a) of this article is subject to ratification by the Minister of Justice.

Article 6

a. Treasury is administered by the Board of the Board of the Bar Association.
b. The Secretary of the Syndicate and Khazen shall perform the functions of the Secretary of the Treasury and the Khazen of the Retirement Treasury.

Article 7

a. The General Conference shall elect from among its members an observer and an associate of one or more of its members to audit the transactions of the Treasury.
b. The observer may attend the meetings of the Council at the invitation of the President and render an opinion without participating in the vote.
c. All decisions of the Board shall be communicated to the observer and shall have the right to appeal in accordance with the assets specified in this Law.
d. The term of office of the board, the observer and the associate shall inevitably lapse by the expiration of the term of the Union Council.

Article 8

a. The Council shall meet at the invitation of its President or at the request of one third of its members.
b. The meeting of the Council shall be legal in the presence of the majority of the members and the decisions shall be issued by the majority of those present and if the votes shall prevail, the side who voted for the President shall prevail.

Article 9

The Board is responsible for the Treasury and for its functions, in accordance with the provisions of the Act, to:
1. Collection, preservation and investment of funds.
2. To submit the proposal to the General Conference of the Union for the full amount of pension and the determination of the pension proceeds, fees and postage stamps mentioned in paragraphs (3) and (5) of paragraph (a) of Article (5) of this Law.
3. Report of the referral of counsel to retirement and the liquidation of pension rights upon the proposal of the competent branch council.
4. Grant subsidies and determine the amount of benefits after the opinion of the competent branch of the Council.
5. Appointment of staff members of the Treasury Treasury.
6. To approve the disbursement of expenditures required by the Department of the Treasury within the limits of the appropriations in its budget.
7. Chapter in all other treasury matters.

Article 10

a. The Board shall submit the closing account for the preceding financial year to the General Conference for approval.
b. In each year, the Council shall set the budget for the next fiscal year starting from January 1 and present it to the General Conference for ratification during the presentation of the union's budget.
c. If exceptional circumstances prevented the General Conference from convening on its regular dates and the ratification of the final account of the budget, it would continue to be collected and spent on the basis of the previous budget until the General Conference had met and approved the new budget.

Article 11

a. A deposit of money, cash and financial values in one or more banks appointed by decision of the Treasury Board.
b. Treasury funds may be disposed of only by decision of the Board.
c. Deposit and exchange orders signed by the President and the Khazen combined or on behalf of them in the event of their absence.
d. If it is not possible for the Khazen to perform his or her duties for any reason, he or she would be assigned to the Board of Directors from among its members for the duration of his or her absence.
e. The risk is to be retained in an amount appointed by the upper limit by a decision of the Treasury Board.

Article 12

The determination of pension and other expenditures takes into account the status of the pension budget so that it does not exceed five and eighty per cent of its imports and saves the rest in the name of reserve funds.

Chapter III
Salaries and compensation

Article 13

Counsel may request that he be referred to retirement if the following conditions are in place:
a. His name is restricted in the union table.
b. To have already exercised the legal profession before the Syrian courts for thirty consecutive years or separate years, including the duration of the exercise, provided that it is not more than three years, or that the 60 years of age may have been completed.
c. That the annual fee for the Union Fund and the Pension Treasury should be reimbursed for all the duration of the law that is required to be entered into the retirement account and that it shall be innocent of all its financial obligations towards the union institution and retirement.

Article 14

a. The practice of practising law is considered effective if the lawyer does the profession in accepting cases in courts, councils or judicial committees of different types, and this is proven by the official provisions and documents supporting the fact that the lawyer is a minimum of 15 cases per year and does not enter into the law. A record of the proceedings brought by counsel, Napa or proceedings that have not been handled primarily or effectively, except in the period of exercise.
a request for confirmation of practice annually for the preceding year shall be submitted to the Council of the Branch and the practice of prior years that has not been fixed within one year of the date of entry into force of the present law must be requested to be confirmed under the fall of the right to establish the practice for such periods.
b. The right to seek to establish a practice for the period in which the lawyer does not have actual residence in the Syrian Arab Republic shall fall at least six months each year.
c. If different statements are submitted, the applicant shall be referred to the Disciplinary Board and that period of practice shall be dropped.

Article 15

a. interference in the calculation of the duration of the following periods of actual practice:
1. The duration spent by a lawyer is a captain of lawyers, a head of the branch council, or a member of the union council.
2. Duration of illness that is the seat of a lawyer for work.
3. The period of compulsive emergency that has prevented a lawyer from exercising the profession and does not enter into this period the duration of the break from the practice due to judicial or disciplinary reasons.
4. The duration of the mandatory and standby flag service provided that it does not enter into account for another retirement pension on the other hand.
b. The periods of time may not exceed items (2, 3 and 4) About fifteen percent of the actual practice period provided that the lawyer has paid the legal fees for these periods.

Article 16

The head of the branch of the branch of the branch of the branch warns the late lawyer about the payment of the pension proceeds in the branch's bulletin board. If he does not pay his name in 60 days, his name is omitted from the table by a decision issued by the union council.

Rule 17

a. A lawyer who is in retirement shall be entitled to a full pension if the law is effective for 30 years in accordance with the provisions of this Act.
b. If the practice of a lawyer for 30 years, an additional allowance for a full pension, is equivalent to 30 parts per year, the allowance shall in all circumstances exceed half the full pension and the portions of the year shall not be considered in the calculation of the allowance.

Rule 18

If the profession operates for more than fifteen years and less than 30 years, a monthly pension equal to 30 part of the full pension is equivalent to the age of the profession, provided that the lawyer has completed 60 years of age, and the age requirement is excluded from the age requirement of the lawyer who reached the age of attorney. The profession is twenty-five years.

Rule 19

A lawyer who completed 60 years of age and did not complete a 15-year-old deserves effective compensation equivalent to the full monthly pension, which is multiplied by the number of the profession.

Rule 20

a. The provisions of this Act benefit from the prior registration of the bar association before the date of entry into force of this Act and has exceeded the age of 45 in accordance with the following conditions:
1. That he shall be exonerated of his or her benefit to the Funds of the Branch and the Union for the periods prior to the submission of the application set forth in item 3 of this article.
2. The fee payable in favour of the Pension Fund and the annual fee from the date of its registration and up to the date of submission shall be paid in accordance with the fees established on a date that each year has been arranged and due.
3. To apply to the Council of its Branch for a period of six months following the date of entry into force of this Act, if the application shall include the declaration of its wish to avail itself of the provisions of this Law and to be attached to the Receipts that feel free and to pay the fees referred to in items (1 and 2). Of this stuff. With the documents adopted in establishing his or her actual practice of the law within the period requested to be calculated. All of this is subject to the fall of the right to benefit from the provisions of this law.
b. The competent branch board shall ascertain the availability of all the conditions required above and transmit the application file to the Treasury Board, together with its proposal for a decision.
c. The right to benefit from the provisions of this article shall begin one year after the date of force of this Act except for cases " Death. And " The deficit. Total immediately after the occurrence of either one.

Rule 21

a. It is inevitably referred to a lawyer's retirement if a total deficit is not caused by the law, which is not permanently capable of practising the profession and grants the pension in the following manner:
1. If his legal practice exceeds 15 years, he shall be entitled to a full pension.
2. If the period between ten and fifteen years is worth three quarters of the pension.
3. If the period between five and ten years is worth half the pension.
4. If less than five years, a quarter of the pension is eligible.
b. If the shortfall occurs during the lawyer's presentation or due to the profession, the full pension is entitled to the duration of his or her occupation.
c. If the disability in such cases has resulted in death, the pension shall be transferred to eligible family members in accordance with the provisions of this Act.
d. The shortfall is established by the report of a medical committee established by the decision of the Governing Council.
e. In the case of the death of a lawyer without any of the reasons mentioned in paragraphs (a and b) Due to the provisions of paragraph (a) Advanced.
The lawyer assignee shall benefit from retirement or due after his death from any increase in the pension.
g. Counsel assignee shall be subject to retirement because of the shortfall of the medical committee if he wishes to do so and the decision to refer it to retirement shall be reviewed in the light of the report of the Committee.

Rule 22

For pension rights and grants, they may not be ceded to anyone and their reservation is granted only for the payment of a legal expense or for the required pension or union within the limits of the rates acceptable in withholding the salaries of employees of the state.

Rule 23

The names of lawyers who are referred to retirement are removed from the schedule of the working lawyers and are registered in the schedule of retired lawyers. They may no longer practise the profession, and the administrative board may authorize the retired lawyer to retire for unsatisfactory reasons by completing the claims of his clients who were under consideration in front of him. The courts before they are referred to retirement.

Rule 24

After being referred to retirement, the lawyer is required to return to practise law, provided that he enjoys the conditions set out in article IX of the Law on the Organization of the Legal Profession and not exceeding 60 years of age, and suspends the pension from the lawyer during the practice of law and when asked to refer it to the law. Retirement again The duration of his subsequent service is related to the previous term and the new pension is calculated on this basis.

Rule 25

Lawyers convicted of being removed from the table by the Disciplinary Board are not deprived of pension or compensation and the grants they deserve.

Rule 26

The right to pension or compensation arises from the date of acquisition of a retirement referral order and in the event of death, the right has been established since the day after the death and in the event of a disability from the date of its determination.

Rule 27

The pension rights and grants allocated to lawyers under the provisions of this Act shall be transferred to eligible persons in accordance with the following:
a. Wife, wives or husband.
b. Male boys who have not completed the age of 18 years or who have completed it and have the conditions set forth in paragraph (b) of article (30) of this Act.
c. Male boys with a disability that prevents them from earning a livelihood if they do not have enough livelihood to sustain them, no matter their age, and shall be reviewed on the basis of this paragraph every three years at the most.
d. Unmarried girls, widows or divorcees if they do not have sufficient employment or resource to provide for their livelihood.
e. Exceptionally, unmarried parents and sisters who are deprived of adequate livelihood resources are entitled to claim that they may be entitled to a pension for their child or their deceased brother if they have the following conditions:
1. A lawyer's support for their life has been established.
2. Have no other breadwinner or special resource equal to or above the value of their pension benefits.

Rule 28

The Treasury Board shall verify the availability of the conditions set forth in the preceding article in the methods it deems appropriate with the observance of civil status records.

Rule 29

The pension received by the lawyer on the day of his death or for which he deserved to be liquidated on the day after the day of death between him and the eligible persons shall be allocated equal shares to allocate three shares for the wife, wives or husbands, and one share for each of the boys, boys and girls, and one share For sisters no matter how many and one share of the parents, the share is distributed equally between its partners and the share of the deceased lawyer is truly acquired in the treasury.
b. Contrary to the preceding paragraph, the wife, wives or husband deserve three quarters of the pension in the absence of another due and the remaining quarter remains for the pension.

Rule 30

a. A wife's pension is interrupted upon her marriage or death and becomes an acquired right to the Treasury unless she has children from her deceased lawyer and they have been paid for the history of her pension, so that half of their pension is equally distributed to the husband's pension when he dies.
(b) The male children's pension is interrupted upon completion of 18 years of age unless the age of completion is followed by the study and they are unable to pay their expenses, and they are unable to pay them the pension until they receive one of the high certificates or the age of 27-whichever is the above - Provided that they pursue the study without interruption and cut their pension if they fail after their 21st completion more than twice.
c. The pension of girls and sisters shall be interrupted upon their marriage and shall be returned to them if they become widows, divorcees or abandoned by virtue of divorce, leaving no alimony for the husband's husband in the communities where the divorce may not be established. If they are married when their genes die and do not benefit from their pension and then become widows, divorced or abandoned in the meaning of this paragraph, they shall give their share of the pension in accordance with the provisions of this law.

Rule 31

In determining the age of student enrolment in the union, lawyer and eligible, it depends on the limitations of the civil status and the absence of the current correction, and if the birth day is unknown, the age is calculated from the first day of the year of birth.

Rule 32

The pension is interrupted at any time if the loss of one of the conditions prescribed for granting it is achieved.

Rule 33

The loss of resources and the failure to perform the expenses of the study shall be established by an investigation conducted by the Treasury Board in the manner that it deems appropriate and that the deficiency is established by a certificate from the Medical Commission made under the provisions of this Act.

Rule 34

If an eligible person dies or loses his or her entire quota and becomes an acquired right to the Treasury, the portion of the quota for one of the parents or sisters is in full addition to the parts allocated to the other owners of that quota.

Rule 35

A pension may be brought together under the provisions of this Act from the Pension Treasury.

Rule 36

a. The pension rights shall be permanently dropped from the lawyer if he lost Syrian Arab nationality or his or her nationality, which he was practicing on the basis of which he became a national of a non-Arab State.
In this case, the rights of the pension counsel are transferred to eligible beneficiaries, who receive the compensation awarded by the full lawyer and receive the pension after his or her share, which remains an acquired right to the pension, provided that they are Syrian Arab nationality or the nationality of an Arab State.
b. The pension rights shall be dropped if the Syrian Arab nationality is lost or the nationality to which he or she was entitled to pension and became a national of an Arab State.

Chapter IV
Audit Methods


Rule 37

Requests for retirement, compensation and other subjects provided for in this Act shall be submitted in writing to the President of the competent branch, in which the name, title and place of residence (in the area of the branch) are clearly stated and are accompanied by supporting documents, and the caller is given a receipt. The subject matter of the application, the date of receipt and the documents highlighted.
The head of the branch shall examine the request or documents, even if there is a shortage in which the caller is assigned in writing to complete it within a period of not less than a week to be determined by him. If the term has expired and the shortfall has not been completed, the request for the Council to make the decision in the light of the papers is not complete.

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Rule 38

The Board considers the requests submitted to it and for matters to be considered by the conduct of the technical inspection, the use of experts or clarifications from the relevant services, and then to propose what it sees in this matter and to refer the file to the Governing Council for the determination of the request.

Rule 39

Decisions of the Governing Council, which have no status of final decisions, do not accept any review, but can be challenged with the final decision before the Court of Cassation.

Rule 40

Decisions of the final board are subject to appeal in cassation in accordance with the requirements, dates, rules and assets provided for in the law regulating the legal profession, and applications for appeals against fees, insurance, bail and stamps are exempt.


A Chapter V
Stamp stamps

Rule 41

The Board of Directors of the Retirement Treasury, under the supervision of the Ministry of Justice, shall arrange and classify the stamps and fees provided for in this law. Non-persons designated to this end may sell such stamps only under a licence obtained by the President of the Board of Directors or Who authorizes him from the heads of the branches.

Rule 42

Stamp stamps-by lawyers-on the origins and images of judicial agencies of sorts.

Rule 43

a. Judicial agencies are certified by the head of the branch or by assignment for that purpose and the branch of the retirement treasury account for the certification in nature for ratification.
b. A person assigned by the head of the branch to endorse judicial agencies is required to be a registered lawyer on the professors' table.

Rule 44

The origins of the organization, ratification and preservation of judicial agencies and the granting of images of all the requirements set out in the Code of the Book of Justice are taken into account.

Rule 45

The public treasury rights of the agencies remain in force and are in the interest of the Treasury.

Rule 46

The head of the branch is sworn in in Article X of the Code of Justice before the Minister of Justice, and the delegates are sworn in by the President of the Council of the Branch.

Rule 47

Judicial agencies shall believe in places where the President of the Branch is not dependent on the conditions set out in the law.

Rule 48

a. The nature of the argument by the lawyer to control the trial, irrespective of the type of case he or she is making, and in the first hearing he attends.
b. In cases that are considered without the invitation of the liabilities, the stamp is placed on the Agency or the first summons or regulation.

Rule 49

Stamp the stamps and champion the mention of history (today, month and year). Write, ring or sign. If the annulment addresses several stamps, it should be clear so that it is impossible to reuse these stamps and the avoidance must go beyond the boundaries of the stamp or the stamp.

Rule 50

The plurality of lawyers does not multiple and answer the single client, nor does it pluralism the lawyer with the representation of several clients.

Rule 51

The provisions applicable to the financial stamp violators provided for in the legislation in force shall be applied to the violators of the postage stamps. In all cases, the stamp must be drawn to the lawyers' pension fund.


Chapter VI
General provisions

Rule 52

a. The Governing Council shall establish a financial system, an internal system and other regulations necessary for the application of the provisions of this Law.
b. The regulations set up by the Governing Council shall be submitted to the General Conference for approval and published after ratification by the Minister of Justice in the Official Journal.
c. If the regulations are not published within two months of the date of receipt by the Ministry of Justice, a provision window shall be considered.

Rule 53

The Law on the Retirement of Lawyers in Rights and Obligations replaces the institution with the date of enactment of this law and the transfer of the funds of this movable and immovable institution.

Rule 54

Lawyers working in the union, branches, pension funds or institutions shall be subject to the provisions of this law and shall not apply to them in this case the provisions of the labour and social security laws.

Rule 55

The pension, funds and institutions that occur under the provisions of this Act shall be exempted from any financial assignment, tax, levy, insurance, nature or cost, financial and municipal guarantees of any kind.

Rule 56

Act No. 53 repealed The date of 31 December 1972 and the texts are contrary to this law and the decisions rendered on the basis of its provisions shall remain in force until the issuance of alternative decisions in accordance with the provisions of this Law.

Rule 57

This law is published in the Official Journal.

Damascus on 18/11/1431 A.H., 26/10 /2010


President

Bashar al-Assad

Lawyer Naam Al-Masri












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