On the legal profession and lawyer activity in Turkmenistan (statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 29) (with changes and additions made by the Turkmenistan law dated 18.08.2015 № 271-V) Chapter i. General provisions article 1. The legal profession and lawyer activity 1. Advocacy is a professional association of lawyers, based on the principles of self-government, created for the implementation of legal activity, which is the legal institution of civil society and not included in the system of organs of State power and administration.
2. Advocacy is a professional legal counsel in the manner prescribed by law for the protection of human rights and freedoms, the legitimate interests of legal persons, promoting and strengthening the rule of law in society.
3. Legal activity is non-business and payment received by counsel for legal aid, is his salary.
4. the legal activity does not include legal assistance provided by the following:-employees of the legal services of legal persons, bodies of State power and administration;
 -public notaries.
 
Article 2. Law on the legal profession and lawyer activity 1. Law on the legal profession and lawyer activity is based on the Constitution and consists of this law and other normative legal acts, regulating the activities of the legal profession.
2. Procedural rights and responsibilities of the lawyer in the defence or representation of individuals and legal entities are determined by the relevant legislation of Turkmenistan.
 
Article 3. Principles of advocacy advocacy is based on the following principles: 1) respect for the rule of law, independence, self-government and equality;
2) exercising the constitutional right to obtaining professional legal assistance, access to justice on the basis of equality and the adversarial principle;
3) accessible to all legal aid lawyer;
4) implementation of lawyer activity ways and means, not illegal legislation of Turkmenistan;
5) the inadmissibility of interference in the activities of a lawyer, except as expressly provided for by the legislation of Turkmenistan;
6) the implementation of the legal profession in accordance with the norms of morality, enforcement of lawyer ethics and lawyer secret.
 
Article 4. Assurance of legal assistance 1. The State guarantees the provision of all necessary professional legal assistance.
2. the State guarantees the equality of rights of all individuals and legal entities on the territory of Turkmenistan to receive legal assistance, information about its nature and order of receipt.
3. the State guarantees the provision of free legal assistance and protection of the rights of individuals in cases stipulated by the legislation of Turkmenistan.
 
Article 5. Types of legal assistance provided to counsel 1. The lawyer providing legal assistance: 1) gives advice and explanations on legal issues in oral as well as written form;
2) makes applications, complaints, Petitions and other documents of legal character;
3) carries out the representation of the principal civil and arbitration cases;
4) protects the trusting or representation in criminal cases and cases of administrative offences in the State organs, organs of initial inquiry or pre-trial investigation and court proceedings;
5) carries out the representation of the principal State institutions and other organizations of all patterns of ownership, local authorities and local self-government, public associations and in relationships with individuals;
6) carries out the representation of the principal international judicial and commercial arbitral bodies, State, the judiciary, law enforcement agencies and other organizations of foreign States, if not inconsistent with the law of those States, and international treaties of Turkmenistan;
7) assists in trusting relations with institutions, organizations or citizens of foreign States;
8) in accordance with the established procedure provides legal assistance to legal entities of all forms of ownership, as well as natural and juridical persons of foreign States.
2. The lawyer has the right to legal aid and other forms stipulated by the legislation of Turkmenistan.
3. the applicant for legal aid, free in the choice of a lawyer. In case of absence or inability to select a lawyer to him for legal aid attorney is appointed.  
 
Article 6. The agreement on rendering of a legal aid 1. Legal activity is carried out on the basis of the contract between the lawyer and the principal or his representative. The Treaty is legal in nature and is between the lawyer and the principal or his representative in the simple written form.
2. the contract shall be indicated as follows: 1) the identity of the lawyer, order, and the settlor or his representative;
2) contents of request;
3) the conditions and amount of payment for legal assistance;
4) additional costs relating to the performance of the order;
5) liability Attorney related to the execution of the contract.

3. A lawyer may not assign to a third person pursuant to the commitments.
4. payment for legal assistance provided by the lawyers, is made on the basis of the agreement, except as provided by part of the fifth, seventh and eighth of this article.  
5. In the absence of agreement on the provision of legal assistance to lawyers for legal advice, payment for legal assistance provided by a lawyer, is installed as the head of the legal advice based on Instructions to pay for legal assistance, provided by lawyers for legal advice, approved by the Ministry of Adalat Turkmenistan in agreement with the Ministry of Finance of Turkmenistan.
6. payment of lawyers members of the Bar Association of the velayat, city with Mashhad, working in legal consultations, other lawyers ' associations, as well as engaged in lawyer activity independently produced respectively in cash legal advise, another lawyer for the Union, or bank account.
7. In cases of assignment of counsel for legal advice in criminal proceedings, the body conducting the initial inquiry, the investigator, the Procurator, the judge or court on grounds provided for by the criminal procedure legislation of Turkmenistan, or in other cases, if the payment for legal assistance provided by a lawyer, charged to expense, size and order of the payment shall be determined in accordance with an instruction to pay for legal assistance, provided by lawyers for legal advice.
8. in the case of a payment for legal assistance provided by a lawyer, is made at the expense of the Association of lawyers, the size and order of the payment shall be determined in accordance with an instruction to pay for legal assistance, provided by lawyers for legal advice.
 
Article 7. Provision of free legal assistance to natural persons 1. Individuals at their request legal assistance free of charge in the following cases: 1) legal assistance in the form of oral consultations and preparation of written documents in cases of payment of alimony, to the plaintiffs for damages, caused by the death of a breadwinner, injury or other impairment of health, associated with production;
2) legal assistance in the form of oral consultations, not related to business activities, the heroes of Turkmenistan, persons belonging to the category of veterans, servicemen of military service, disabled persons in groups I and II, seniors, mothers, awarded honorary title "Ene mähri, and orphaned children;
3) drafting statements of pensions or benefits;
4) in other cases stipulated by the legislation of Turkmenistan.
2. The procedure for obtaining free legal assistance to individuals shall be determined by the legislation of Turkmenistan.
3. The governing body of the lawyers or the head of the body, as well as a body conducting an initial inquiry or pre-trial investigation, the Procurator, the judge or court cases in its production, based on the material status of physical persons shall have the right to fully or partly released from payment for legal assistance and in other cases, other than those referred to in paragraph 1 of this article.  
In case of a natural person from payment for legal aid lawyers or the head of the governing body of the authority the remuneration of counsel shall be made at the expense of the lawyer's Association.
In case of a natural person from payment for legal assistance body conducting an initial inquiry or pre-trial investigation, the Procurator, the judge or court, the remuneration of counsel shall be made in the prescribed manner at the expense of the State.
 
Chapter II. The legal position of lawyer Article 8. Counsel 1. In Turkmenistan, a lawyer can be a Turkmen citizen permanently residing in Turkmenistan, having the higher juridical education, having the status of lawyer and carrying out the actions specified in the second part of article 1 of this law.
2. counsel is an independent legal advisor.
3. The lawyer may not be in the public service or engage in other paid activity, with the exception of teaching, creative and research activities.
4. May not be a lawyer a person dismissed from the judicial and law enforcement authorities for committing a disciplinary offence within one year from the date of the dismissal, and the person osuždënnoe for the crime, a conviction which has not been cancelled or withdrawn in the manner prescribed by the legislation of Turkmenistan and the person found to be incapable or of limited legal capacity, as well as a person, isklûčënnoe from the Bar Association for acts incompatible with the legal profession , or devoid of licenses for the provision of legal aid.
 
Article 9. Acquisition of the status of Attorney 1. The status of the lawyer acquired: 1) a person who has received a license for rendering legal assistance, issued by the Ministry of Adalat Turkmenistan and which members of the bar of the velayat, city with Mashhad;
2) person, since certification in Ministry of Adalat Turkmenistan after internship in accordance with article 12 of this law, legal advice and made a member of the bar of velayat, city with Mashhad;
Persons who have been granted the status of a lawyer in accordance with paragraph 2 of this part, the status of the lawyer is retained only for the duration of the legal advice.

2. license for legal aid may be granted to persons having the higher juridical education and continuous work experience in the legal profession for at least two years.
You are not required to obtain a license for rendering legal assistance to the Bar Association of the velayat, city with Mashhad and legal advice.
3. The license for the provision of legal assistance is issued and registered by the Ministry of Adalat in the order established by the legislation of Turkmenistan.
 
Article 10. The refusal to grant a licence for the provision of legal aid, the suspension, resumption of her actions and her re-registration 1. The refusal to grant a licence for the provision of legal assistance or the suspension of its operations may be carried out in accordance with the legislation of Turkmenistan.
2. Renewal of the suspended license for provision of legal assistance is carried out by the Ministry of Adalat Turkmenistan after the Elimination of the circumstances leading to the suspension of its actions.
3. In cases of changes of legal form, name or registered address of the licensee the license is subject to registering in the manner prescribed by the legislation of Turkmenistan.
4. refusal to issue a license or suspend its actions can be appealed in the manner prescribed by the legislation of Turkmenistan on licensing.
5. Re-apply for licences to legal assistance can be made six months after the denial of her extradition.
 
Article 11. Revocation of license for provision of legal assistance 1. Revocation of the licences for the provision of legal assistance is carried out by the Court or Ministry of Adalat in the following cases: 1) licensee is in breach of the requirements and conditions of the license, if they caused harm to the rights and lawful interests, morality, life and health of citizens, national defense and State security surrounding the Wednesday;
2) determine whether the illegality of the decision to grant a licence;
3) violation by the licensee during the calendar year two times or more license requirements and conditions established by the legislation of Turkmenistan on licensing;
4) within the prescribed period of not fixing the violations that led to the suspension of the licence;
5) licensee's failure to pay the State fee within the prescribed time-limits.
2. cancellation of license on the above grounds may be appealed in court.
 
Article 12. Trainee Attorney 1. Lawyer interns can be permanently residing in Turkmenistan, the Turkmen citizens having the higher juridical education.
2. The Attorney probation terms ranging from six months to one year on the basis of the Decree of the Presidium of the Bar Association of lawyers, having served the legal profession for at least five years.
3. Trainee lawyer cannot carry out legal activity and must keep advocate secrecy.
4. internship Time is included in the work experience in the legal profession.
5. The procedure and conditions for the internship shall be decided by the Conference of lawyers.
 
Article 13. Powers of Attorney 1. Counsel provides the necessary legal aid to a person who applies for this help.
2. In each case, counsel reiterates his powers to order registered and issued by the Bar Association. The order form is approved by the Ministry of Adalat.
3. counsel may not: 1) to receive from the person applying for legal aid, instruction, has deliberately unlawful character;
2) accept from the person applying for legal aid in cases where he has a special interest in the subject of the contract with the principal that is different from the person's interest;
participated in the case as judge, Prosecutor, preliminary investigator, investigator, expert, specialist, interpreter, is in this case a victim or witness, and if he was an official, which included the adoption of a decision in the interest of the person concerned;
is kinship or family relationship with the victim, the official who made or participated in the investigation or proceedings of the person;
provides or has previously provided in the same case, legal assistance to the principal, whose interests run counter to the interests of the person concerned;
3) occupy the position of the case against the wishes of the settlor, except when a lawyer is convinced in the presence of self-incrimination of the truster;
4) make public statements about the proof of guilt of the settlor, if he denies it;
5) disclose information, notified the principal in connection with the provision of legal aid to the latter, without the consent of the truster;
6) abandon adopted themselves protection, except in cases where the interests of one defendant were contrary to the interests of another of his client, or when their testimony is not consistent.
 
Article 14. The rights and obligations of counsel 1. The lawyer has the following rights:

1) to collect the information necessary for the provision of legal assistance (except for the category of State or other secrets), including the request for information, specifications and other documents relating to the executable instructions from public authorities, local authorities and local self-government, public associations and other organizations. The bodies, organizations and officials of these bodies and organizations in the manner prescribed by the legislation of Turkmenistan, are obliged to extradite the lawyer requested documents or certified copies thereof;
2) collect and report objects and documents that can be recognized as evidence in the manner prescribed by the legislation of Turkmenistan;
3) in accordance with the legislation of Turkmenistan invite professionals on a contractual basis for the clarification of issues related to the provision of legal assistance;
4) meet with his principal alone, in conditions ensuring confidentiality (including detention), with no limit on the number of visits and their duration;
5) in the manner prescribed by the legislation of Turkmenistan, to get acquainted with the materials of the case in which the Attorney provides legal assistance, make of it extracts;
6) to practice law throughout the territory of Turkmenistan, and also abroad, where this is necessary to implement the orders and does not contradict the legislation of the States concerned and the international treaties of Turkmenistan;
7) perform other acts not contradicting the legislation of Turkmenistan.
2. counsel must: 1) honestly and conscientiously uphold the rights and legitimate interests of the principal by all means not prohibited by legislation of Turkmenistan;
2) meet the requirements of procedural legislation of Turkmenistan on the mandatory participation of a lawyer as defence counsel in criminal proceedings for the purpose of initial inquiry authorities, pre-trial investigation authorities, the Procurator, the judge or the Court, as well as to provide legal assistance to citizens of Turkmenistan free in other cases stipulated by the legislation of Turkmenistan;
3) systematically improve their knowledge and enhance their skills;
4) comply with the requirements of the legislation of Turkmenistan, standards of professional conduct and advocate secrecy;
5) demonstrate the high culture of work and communicating with constituents, to observe legal ethics.
3. For non-performance or improper performance of their professional duties of lawyer liability provided for in this Act. In the case of the guilty of causing the failure or improper performance of their professional duties of material (loss, including loss of profits) and non-pecuniary damages, the liability of the principal counsel in the manner determined by the court lawsuit.
 
Article 15. Lawyer ethics in carrying out professional activities of lawyer shall in the manner prescribed by the present law, conscientiously perform their duties of lawyer secret, do not use for personal purposes, mercenary and other interests of other persons, to avoid action inconsistent with professional activities for the legal protection, gross, verbal abuse, degrading the honour and dignity of the human person, be correct in his behaviour in the performance of orders taken and comply with other rules of lawyer ethics established by the regulation on the rules of conduct for defence counsel, adopted by the general meeting of members of the Bar Association of the velayat, city with Mashhad.
 
Article 16. Attorney secrets 1. Lawyer secret means any information obtained in connection with the provision of legal aid lawyer trustee whose disclosure is undesirable for the principal.
2. counsel does not have the right to disclose and use in their own interests and the interests of other persons knowledge gained from it in connection with the provision of legal assistance and advocate secrecy.
3. To advocate secrecy cannot be regarded as information relating to the category of State secrets relating to the national security interests of a State or public security.
4. counsel, razglasivšij information related to the lawyer's secret, without the consent of the principal responsibility in accordance with the legislation of Turkmenistan.
 
Article 17. Guarantees of legal activity 1. Professional rights, honour and dignity of a lawyer are protected by law.
2. freedom of movement for the lawyer to provide legal assistance may not be restricted, except in cases provided for by the legislation of Turkmenistan.
3. From the lawyer cannot be requested by public authorities a written or oral explanation of circumstances which become known to him in connection with the performance of his duties of lawyer activity, except for cases set forth in paragraph 3 of article 16 of this law.
4. The lawyer may not be brought to administrative or criminal liability for the views expressed by them in the performance of professional functions, for having made the declaration before the Court or law enforcement agency, as well as for any other actions taken in accordance with recognized professional duties and ethical standards within the legislation of Turkmenistan.

5. Interference with the lawyer's activities in accordance with the legislation of Turkmenistan, or obstruction of these activities in any way, either contempt or defamation lawyer counsel in the performance of his professional duties entail responsibility, established by the legislation of Turkmenistan.
6. counsel and members of his family are under the protection of the State which, in accordance with the legislation of Turkmenistan provides for the adoption of the necessary measures to ensure their safety.
 
 
Chapter III.  The Organization of the legal profession, article 18. Lawyers form the lawyer has the right to carry out its activities in the composition of the College of lawyers of velayat, city of Mashhad with through legal advice, together with other lawyers to create a law firm, as well as to carry out its activities independently.
 
Article 19. Colegio de Abogados de velayat, city of Mashhad with 1. In the territory of each of the velayat, city with Mashhad in the manner prescribed by the legislation of Turkmenistan, on the initiative of the persons licensed for legal aid, can be formed and act one bar.
2. Bar of velayat, city with Mashhad is an independent, professional, self-governing and self-financing NGO, created for the Organization of activities to provide qualified legal assistance to individuals and legal entities, to promote and protect the rights and legitimate interests of lawyers, other functions established by the present law.
3. Bar of velayat, city with Mashhad is a nepredprinimatel′skim entity, carrying out their activity is not for profit.  
4. Special permission of public authorities on the establishment of the College of lawyers of velayat, city with Mashhad is not required.  On the initiative of the founders convened general meeting of members of the bar of velayat, city with Mashhad, at which they adopt a Charter and elected by the governing bodies of the Bar Association. Authority of local executive authorities must provide assistance to the Bar Association in its establishment and operation.
5. Bar of velayat, city from Mashhad in the manner prescribed by the legislation of Turkmenistan, shall be registered in the Ministry of Adalat.   Colegio de Abogados de welayat, velayat rights city acquires legal capacity of a legal person upon registration with the Ministry of Adalat Turkmenistan and entering data in the prescribed manner to the unified State Register of legal entities. The refusal in registration of the Bar Association in a month may be appealed in court.
6. the name of the bar of velayat, city of velayat rights must include the name of the administrative territorial unit in whose territory it has been established.
7. the main tasks of the bar of velayat, city with Mashhad are: 1) promotion, professional assistance and protection of the rights and professional interests of members of the Board in the exercise of the legal profession;
2) logistical and information support for the work of the members of the College;
3) organization providing legal assistance;
4) carrying out of certification of professional skills of lawyers;
5) enhancement of professional skills of lawyers;
6) control over execution of the lawyers of their responsibilities;
7) promotion of legislation among the population;
8) other tasks stipulated by the legislation of Turkmenistan.
8. Bar of velayat, city with Mashhad is a representative of the lawyers in the relationship with the principals and the third parties and other matters provided by the founding documents of the Bar Association.
9. The Bar Association of the velayat, city of Mashhad to create legal advice.
10. The lawyers working in legal advice, in the manner prescribed by the legislation of Turkmenistan have the right to social insurance.
 
Article 20.  The statutes of the Bar Association of the velayat, city of Mashhad with the Charter of the College of lawyers of velayat, city of velayat rights should include: 1) the name of the Bar Association, its governing body, the aims and objectives of its activity;
2) structure of the Bar Association, the order of its formation, the competence of its bodies;
3) order of admission to the Bar Association members, suspension and termination of membership;
4) rights and obligations of the members of the Bar Association;
5) the establishment and operation of legal advice;
6) sources of education property, property management and disposition;
7) order payment of the membership fees;
8) allocation between lawyers free legal assistance to lawyers, as well as legal aid to appoint organs of initial inquiry or pre-trial investigation, the Procurator, the judge or the Court;
9) procedure for conducting certification of professional skills of lawyers;
10) the procedure for application of incentives, disciplining members of the College of lawyers and trainee lawyers;
11) procedure for introducing amendments and additions to the Statute, reorganization and liquidation of the Bar Association;
12) excitation order petitions for cancellation of license lawyer for legal aid;

13) Charter of the Colegio de Abogados of velayat, city with Mashhad may also contain other provisions that do not contradict the legislation of Turkmenistan.
 
Article 21. The bodies of the Bar Association of the velayat, city of Mashhad with 1. The highest authority of velayat, City Bar Association from Mashhad is the general meeting of the members of the College, the governing executive authority-the Presidency, the control authority-the Audit Commission.
2. in cases provided by a Statute, the composition of the College of lawyers of velayat, city with Mashhad can be created by other authorities under the regulations adopted by the general meeting of members of the Bar Association.
 


Article 22. General meeting of members of the bar of velayat, city with Mashhad

 
1. the general meeting of members of the Bar Association of the velayat, city of Mashhad with the right to decide any matters relating to the activities of the College.
2. the exclusive competence of the general meeting are: 1) the adoption of the Charter of the Bar Association and the making of changes;
2) determination of the number of members of the Bureau, of the Audit Commission, their election and hearing their reports;
3) election of the other statutory bodies and their directors, approval of the regulations of these bodies;
4) establishment of legal advice;  
5) hearing reports from executives and employees of the College of lawyers of the Bar Association and the evaluation of their activities;
6) provide education property Bar Association separately for legal advice to lawyers and other members of the College;
7) establishing the management and disposition of property, the Bar Association;
8) staffing table authorizations and estimates of income and expenditure of the Bar Association;
9) complaints by lawyers and citizens to decision makers, leaders of the Bar Association;
10) early review managers and members of the Bar Association.
3. the general meeting is competent to adopt decisions in the presence of two thirds of the total number of members of the bar of velayat, city with Mashhad. All decisions of the general meeting shall be taken by a majority of the lawyers attending the meeting.
4. the general meeting shall be convened at least once a year by the Bureau of velayat, City Bar Association from Mashhad. At the request of the revision Commission or not less than one third of the total number of members of the Board Chairman of the Presidium of the Collegium shall within thirty days to convene an extraordinary general meeting.
5. the Charter of velayat, City Bar Association from Mashhad may be able to address and resolve other issues by the General Assembly of the members of the College.
 


Article 23. The Presidium of the Bar Association of the velayat, city with Mashhad

 
1. The Presidium of the Bar Association of the velayat, city with Mashhad was elected by secret ballot for a term of three years. The members of the Bureau, the College can be elected as members of the College of lawyers of not less than five years.
2. The Presidium of the Bar Association of the velayat, city with Mashhad: 1) organizes the work of the Bar Association legal aid to individuals and legal entities;
2) shall convene a general meeting and organizes execution of decisions of the general meeting;  
3) protects the professional and other rights and interests of lawyers;
4) carries admission to the Bar Association of persons who have received a licence for the provision of legal aid in the manner prescribed by the legislation of Turkmenistan, excludes from the members of the College, provides training of trainees;
5) applies to lawyers incentives for progress made in the work;
6) organizes the work of verifying complaints (views) the actions of attorney received from individuals and legal entities;
7) examines the misconduct of lawyers and imposes disciplinary penalties;
8) excites a motion to revoke the licenses of lawyers;
9) organizes the work of lawyers to increase their professional qualifications;
10) in the manner prescribed by the legislation of Turkmenistan conducts the certification of professional skills of lawyers;
11) analyzes, synthesizes and together with the Ministry of Adalat Turkmenistan spreads the positive experience of lawyers;
12) arrange for the keeping of codification work, together with the Ministry of Adalat Turkmenistan develops and publishes guides and advice on advocacy;
13) appoints the heads of legal advice and release them from Office;
14) gives the identity of the lawyer, the form of which shall be approved by the Ministry of Adalat Turkmenistan;
15) in accordance with the procedure determined by the Charter and the General Assembly shall be disposed of by means of the Bar Association;
16) organizes the accounting, financial and statistical reporting and record keeping;
17) solves other questions concerning the activities of the Bar Association, in addition to classified to the exclusive competence of the general meeting of members of the Bar Association.
3. The Presidium of the Bar Association of the velayat, city of Mashhad with open voting shall elect from among its members the Chairman of the Bureau and his Deputy.  
 
Article 24. Chairman of the Presidium of the Bar Association of the velayat, city with Mashhad and its powers 1. Chairman of the Presidium of the Bar Association of the velayat, city with Mashhad can be elected attorney who until the day of his election, was a member of the bar for at least five years.

2. The Chairman of the Presidium of the Bar Association of the velayat, city with Mashhad, in accordance with the Charter of the College: 1) organizes the work of the Bureau, presides over its meetings and monitors the implementation of the decisions of the Bureau, the general meeting of the members of the College;
2) prepares and submits to the consideration of the Bureau of the relevant issues;
3) manages the apparatus of the Presidency, carries out acceptance and dismissal of employees of the Board;
4) organises verification of complaints against lawyers and introduced the Bureau relevant proposals;
5) represents the College of advocates in the State bodies, public associations and other organizations and agencies, and correspondence with them.
3. other powers of the Chairman of the Presidium of the Bar Association of the velayat, city with Mashhad shall be as designated by the statutes of the Bar Association.
 


Article 25. The Audit Commission of the bar of velayat, city with Mashhad

 
1. the Inspection Commission of the bar of velayat, city with Mashhad is the audit authority.
2. The Audit Commission is elected by the general meeting of members of the bar elected by secret ballot for a term of three years.
3. the Inspection Commission of the bar of velayat, city of Mashhad with open voting shall elect from among its members the Chairman of the Audit Commission.
4. The Commission of audit conducts audit of financial-economic activities of the Bar Association.
 
Article 26. Membership in the Bar Association of the velayat, city of Mashhad with 1. The right to advocacy in the composition of the College of lawyers of velayat, city with Mashhad occurs in persons satisfying the requirements stipulated in article 9 of this law.
2. Member of Panel of lawyers should recognize the Charter Board.
3. counsel, then of velayat, City Bar Association from Mashhad, but keeping the license for rendering legal assistance, may be admitted to the bar again, six months after graduation from college. During this period it is prohibited to carry out legal activity.
 
Article 27. A member of the bar of velayat, city of Mashhad with 1. Member of the Panel of counsel of velayat, city with Mashhad has the right to: 1) use promotion, professional assistance and protection from the College, its bodies and officials;
2) to elect and be elected to bodies of the Bar Association;
3) set before bodies of the Bar Association issues relating to its activities, to make proposals to improve the work of the Board and its organs, to participate in the discussion and decision-making on issues that demand from officials of the Bar Association for the submission of documents and materials on their activities;
4) take a personal part in all cases, verification and discussion of the College authorities of its activities or conduct;
5) the use of an asset and a background information resource management College of lawyers in a manner and under conditions determined by its Charter;
6) leave from the College on their own.
2. members of the College of lawyers of velayat, city with Mashhad are equal in their rights and duties.
 
Article 28. Duties of a member of the bar of welayat, velayat rights city in addition to the General duties of lawyer, provided for in article 14 of this law, a member of the bar of the velayat, city with Mashhad must: 1) comply with the requirements of the Charter of the Bar Association;
2) implement the decisions of the General Assembly of the Bar Association and its bodies;
3) treat the property of the College;
4) to pay membership fees;
5) provide reports on its activities to the Presidium of the Bar Association.


Article 29. Legal advice

 
1. To organize the work of the legal aid bar of velayat, city from Mashhad in etraps, towns with etrap rights legal advice.
2. Location of legal advice shall be determined by the Presidium of the Bar Association of the velayat, city with Mashhad, in agreement with the local government authority.
3. Legal advice is a structural subdivision of velayat, City Bar Association from Mashhad. Legal advice has a seal and stamp his symbol corner name and belonging to the relevant Bar Association, other attributes necessary for a legal aid organization. The legal clinic operates on the basis of the provisions adopted by the general meeting of the members of the College.
4. Legal advice is headed by head appointed and dismissed by the Presidium of the Bar Association of the velayat, city with Mashhad.
Article 30.  Joint implementation of advocacy 1. Lawyers do not work in the legal advice of the bar of velayat, city with Mashhad, in order to provide legal assistance to individuals and legal entities, in accordance with the legislation of Turkmenistan can create one form of Association.

2. lawyers engaged in legal activity independently, enclosing between a joint-venture agreement in compliance with the legislation of Turkmenistan may have joint legal assistance to clients. The agreement shall be made in simple written form, it identifies the term of the agreement, the procedures for providing legal assistance, other circumstances.
 
Article 31. Implementation of legal activity independently 1. Counsel may exercise its activities independently.
2. counsel conducting their activities independently, is obliged to inform in the Presidium of the Bar Association of the velayat, city of Mashhad with information about yourself. This information includes specific postal, telephone, Telegraph, email place of reception of the citizens with regard to the implementation of the legal profession and the number of the settlement bank account.
3. counsel conducting their activities independently, in the manner prescribed by the legislation of Turkmenistan, opens a bank account in the Bank, and payment for legal aid provided to them should be made on this account.
4. counsel conducting their activities independently, must register every contract with the principal or his representative, in official documents, which he leads.
5. counsel conducting their activities independently, for the exercise of the legal profession may use, with the consent of the members of his family living room, owned by him or members of his family on the right of private property. If they were to implement advocacy used living room, rented or nanimaemoe him or members of his family, the use of residential premises is allowed with the consent of the landlord, tenant and the adult members of his family.
 
Article 32. Conference lawyers 1. Conference of lawyers of Turkmenistan is the Assembly of representatives lawyers Turkmenistan and may be convened on the initiative of the general meeting of members of the bar associations of the velayat, city with Mashhad as necessary but at least once every two years. Conference of lawyers empowered to discuss the most important issues of legal activity, define the main directions of improving the quality of counsel, procedure and conditions of internship trainees lawyers develop rules of lawyer ethics the model Statute of velayat, City Bar Association from Mashhad, recommendations for amendments and additions to the statutes of the bar associations, to take decisions on the dissemination of positive experience of legal practice.
For the preparation of projects of normative legal acts relating to the activities of the legal profession, lawyers Conference of Turkmenistan may establish working groups.
2. The Conference of lawyers of Turkmenistan may be invited by the law-enforcement and other State bodies, representatives of public associations, as well as academic lawyers.
3. the order of representation, and the work of the Conference of lawyers approved by its determined Position in Turkmenistan.
 


Article 33. Complaints against lawyers

 
Complaints against members of the Bar Association of the velayat, city with Mashhad, associated with the exercise of their professional duties are considered the heads of legal advice, the leaders of the other lawyer associations, bureaux of bar associations velayat, city with Mashhad.
 
Chapter IV. Incentives and disciplinary responsibility of Article 34. Measures to promote lawyers 1. A lawyer for the successes achieved in the performance of professional duties, the Presidium of the Bar Association of the velayat, city with Mashhad or the general meeting of the members of the College may be applied measures of encouragement.
         2. As incentives can be applied: 1) commendation;
          2) extradition of a lump-sum award;
          3) rewarding valuable gifts;
          4) awarding honorary diploma.
         3. the statutes of the Bar Association of the velayat, city with Mashhad can be provided other incentives.
 
Article 35. Disciplinary Counsel 1. The lawyer may be brought to disciplinary responsibility for violation of the requirements of this law and other normative legal acts of Turkmenistan, the Charter of velayat, City Bar Association from Mashhad.
2. disciplinary proceedings fell within the purview of the Presidium of the Bar Association of the velayat, city with Mashhad. Disciplinary action is applied directly after the discovery of misconduct, not later than one month from the day of its discovery, but not more than six months from the date it occurred, not counting the time disease lawyer or host it on vacation.
 
Article 36. Disciplinary measures 1. Disciplinary measures imposed by the Presidium of the Bar Association of the velayat, city with Mashhad, are: 1);
2) reprimand;
3) severe reprimand;
4) exclusion from members of the bar.
2. When imposing disciplinary sanctions should take into account the gravity of the misconduct, but the circumstances under which it is made, the earlier work and the lawyer's behaviour.
3. Measures of disciplinary sanctions, their imposition, lifting and appeal under this Act shall apply also to trainee lawyers.
 


Article 37. Disciplinary procedure

 

1. the case of the disciplined attorney may be instituted by the general meeting of members of the Board, the Bureau or the President of the Presidium of the Bar Association of the velayat, city with Mashhad.
 2. before the consideration of the cases of disciplinary proceedings by the Chairman of the Presidium of the Bar Association of the velayat, city with Mashhad should request a written explanation from the lawyer, check grounds for bringing its disciplined and familiarize with the materials of a disciplinary case.
3. the case of disciplinary proceedings is considered by the Presidium of the Bar Association of the velayat, city from Mashhad, in the presence of a lawyer called to account. Repeated failure of counsel without good reason does not preclude consideration of disciplinary proceedings.
4. If there is evidence of the Commission of a misconduct lawyer, for which he could be expelled from the College, the Bureau, in exceptional cases, where there are substantial grounds has the right to suspend the work of a lawyer until the final resolution of the issue.
 


Article 38. Appeal decision about imposing disciplinary action

 
1. the decision of the Presidium of the Bar Association of the velayat, city of Mashhad with the imposition of disciplinary action may be lodged within one month from receipt of a copy of a decree on the imposition of disciplinary action to the general meeting of the members of the College.
2. with the exception of velayat, City Bar Association from Mashhad in order of disciplinary proceedings against an appeal shall be in accordance with part 2 of article 41 of this law.
 


Article 39. Order disciplinary withdrawals

 
1. If, within a period of one year from the date of the disciplinary proceedings against a lawyer would not be subjected to new disciplinary action, he shall be deemed not to have been subjected to disciplinary action.
2. If the lawyer honest attitude to work and impeccable conduct proved his fix, the Presidium of the Bar Association of the velayat, city with Mashhad or the general meeting of members of the Board may withdraw from it imposed disciplinary action early.
Early withdrawal may be disciplined was on the request of the Chairman of the Presidium of the Bar Association of the velayat, city with Mashhad, head of the legal advice, head of a lawyers ' Association.
 
Article 40.  The application of public effect measures to lawyers in the case of lawyer disciplinary infraction of the Chairman of the Presidium of the Bar Association may, taking into account the nature of the misconduct, without involving an attorney to disciplinary responsibility, send materials for application of public effect measures for discussion at the general meeting of members of the Bar Association of the velayat, city of Mashhad, meetings with lawyers, legal advice or Assembly of a lawyer's Association.
 
Article 41. Termination of membership in the Bar Association of the velayat, city of Mashhad with 1. The Presidium of the Bar Association of the velayat, city with Mashhad may exclude counsel from the College in case: 1) revocation of a licence for the provision of legal aid;
2) gross violation of lawyer law on advocate activity or systematic failure to perform their duties;
3) committing a lawyer misconduct, which is incompatible with the status of a lawyer;
4) impossibility of attorney to carry out their responsibilities because of inadequate professional level or negative result certification of professional skills;
5) his revealed the incapacity of lawyer professional duties for health reasons;
6) enter the public service or engage in business;
7) systematic non-payment of membership fees;
8) cessation of citizenship of Turkmenistan at the lawyer or the lawyer's departure abroad for permanent residence;
9) in other cases stipulated by the Charter Board.
2. the exclusion of defence counsel from the Panel may be appealed against in court within one month from the date of handing him a copy of the Decree of the Presidium of the College about the exception.


3. Labor Relations lawyer with the Bar Association can be terminated them on his initiative (voluntarily).

 
Chapter v. Means of velayat, city bar associations from Mashhad.
Assistance in the legal profession, article 42. Means of velayat, City Bar Association from Mashhad and their expenditure of 1. Means of velayat, City Bar Association from Mashhad formed from amounts payable by solicitors legal advice from payment for legal assistance, and membership fees to the other members of the Board.
2. Contributions to the Fund of the bar of velayat, city with Mashhad and membership dues shall be established by the general meeting of members of the bar, but may not exceed thirty per cent of the amounts of the fees received by the lawyers and the Bar Association.
3. The expenditure of the funds of the bar of velayat, city with Mashhad is made in accordance with the estimates approved by the general meeting of the members of the College.
4. Bar of velayat, city with Mashhad produces contributions to State social insurance in an amount established by the legislation of Turkmenistan.

5. Staffing, salaries, wages and estimates of income and expenditure of the Colegio de Abogados of velayat, city with Mashhad are not subject to registration within financial institutions.
 
Article 43.  The logistics of the bar associations of the velayat, city of Mashhad with logistical support for velayat, City Bar Association from Mashhad shall be financed from the Bar Association.
 
Article 44. Organizational-methodical assistance in advocacy 1. Ministry of Adalat Turkmenistan provides organizational and technical assistance activities of bar associations velayat, city with Mashhad and coordinates their activities.
2. Ministry of Adalat Turkmenistan within its competence: 1) shall verify compliance with the bar associations of Turkmenistan law on advocate activity;
2) publishes instructions and guidelines on advocacy activities;
3) receives and analyzes information bureaux Chairmen of the bar on the activities of the panels;
4) contributes to the creation of conditions for the full use of lawyers available to them the laws of Turkmenistan the rights and carry out their duties;
5) in coordination with the Ministry of finance approves the regulations on payment for legal assistance provided by lawyers for legal advice;
6) carries out certification of candidates for obtaining a license for the provision of legal aid and of trainees, trainees in legal advice;
7) gives license for rendering legal assistance;
8) provides assistance to bar associations in undertaking activities to improve professional level attorneys, provides informational resources and normative-legal acts;
9) generalizes the practice of bar associations, organizes the dissemination of positive experience of their work;
10) goes to the Presidium of the bar association with the proposal on bringing to disciplinary responsibility of individual lawyers;
11) takes measures to ensure the protection of advocates from harassment, unreasonable restrictions, threats associated with the performance of their professional duties;
12) approves the sample identity lawyer;
13) performs other duties related to the organizational-methodical help of bar associations.
 
Article 45. Interaction of velayat, City Bar Association from Mashhad with other State authorities and public associations in the implementation of tasks of the bar of the bar of velayat, city with Mashhad are in cooperation with State bodies and public associations, is working to raise awareness about the legislation of Turkmenistan.
 


Article 46. Community advocates

 
1. lawyers in the manner prescribed by the legislation of Turkmenistan have the right to create a national community of lawyers and serve its members.
2. National Community lawyers is created in order to improve advocacy, strengthening the independence and autonomy of the Institute of advocacy, coordination and development of relations with State bodies and public associations, representing lawyers, professional and social rights protection lawyers carrying out methodological work, help raise the professional level of lawyers.
3. National community advocates can be formed on the basis of the decision of the Conference of lawyers.
 
Chapter VI. Final provisions Article 47. The conservation status of the lawyer Lawyers lawyers velayat, city with Mashhad, educated and active on the territory of Turkmenistan until the entry into force of this law, shall retain the status of a lawyer while working for legal advice without a license for rendering legal assistance and after the entry into force of the present law into legal force.
 
Article 48. The entry into force of this Act, this Act shall enter into force from July 1, 2010 year.
 
 
    Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat May 10, 2010, # 105-IV.