Foreign investment in the provision of legal services is prohibited. Foreign lawyers can only practice in relation to economic cases involving issues of the rights of a foreign state that do not contain state secrets, and after registering with the Special Register of Lawyers of Foreign States operating in the Republic of Tajikistan.
"Article 3. Lawyer [...]
5. Lawyers of foreign states do not have the right to carry out advocacy in the territory of the Republic of Tajikistan, with the exception of economic cases on issues of the rights of a foreign state that do not contain state secrets. This advocacy is carried out by lawyers of foreign states only after they are entered in the Special Register of Lawyers of Foreign States operating in the Republic of Tajikistan (hereinafter referred to as the Special Register of Lawyers of Foreign States).
[...]
CHAPTER 3. STATUS OF LAWYER
Article 12. Obtaining the status of a lawyer
1. The status of a lawyer can be obtained by a citizen of the Republic of Tajikistan who speaks the state language, has a higher legal education, at least two years of experience in the legal specialty, or who has completed an internship in the lawyer structure within the time period established by this Law.
2. A person shall not have the right to apply for the acquisition of the status of a lawyer and for the practice of advocacy:
- does not meet the requirements of part 1 of this article [...];
[...]
CHAPTER 4. ORGANIZATION OF LAWYER ACTIVITIES
Article 25. Organizational forms of advocacy
1. The organizational forms of the activities of the bar in accordance with this Law are the law office, legal consultation, college of advocates and the law office.
[...]
Article 26. Restrictions on the creation of a lawyer formation
1. A lawyer shall not have the right to establish a bar association with a person who does not have the status of a lawyer.
2. An advocate shall not be entitled to be organizationally subordinate to a person who does not have the status of an advocate when carrying out advocacy activities.
[...]
Section 28. Legal Advice
1. Two or more lawyers are entitled to establish legal advice.
2. The rules of Section 29 of this Law shall apply to relations arising in connection with the establishment, re-registration, liquidation and activities of legal advice.
Section 29. Bar Association
1. Five or more lawyers are entitled to establish a college of lawyers.
2. The bar association is a legal non-commercial person based on membership and acting on the basis of the charter approved by its founders (hereinafter - the charter) and the constituent agreement concluded by them.
3. The founders of the bar association may only be lawyers, the details of which are entered in the Unified Register of Lawyers. [...]" (Law of the Republic of Tajikistan dated March 18, 2015, No. 1182 "ABOUT LAWYER AND LAWYER ACTIVITY" [google translated])
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"Chapter 47. Features of licensing the activities of attorneys at law
1. Licensed type of activity: the activities of attorneys at law.
2. Licensing authority: Ministry of Justice of the Republic of Tajikistan.
3. Additional requirements and conditions for issuing a license:
- the presence of a higher legal education;
- At least two years of experience in the legal profession;
- Citizenship of the Republic of Tajikistan;
- repayment or removal of a criminal record for a deliberate crime committed;
- a positive decision of the qualification certification commission.
If the Ministry of Justice receives more than two times complaints about the negligence of the licensee, the license is suspended.
4. THE PROCEDURE FOR PASSING THE QUALIFICATION CERTIFICATION, CREATION OF THE QUALIFICATION CERTIFICATION COMMISSION AND THE ORDER OF ITS ACTIVITY IS APPROVED BY THE MINISTRY OF JUSTICE OF THE REPUBLIC OF TAJIKISTAN.[...]" (Decree of the Government of the Republic of Tajikistan dated April 3, 2007, No. 172 "On approval of the Regulation on the features of licensing of certain types of activities (in the new edition)" [google translated])
Law of the Republic of Tajikistan dated March 18, 2015, No. 1182 "ABOUT LAWYER AND LAWYER ACTIVITY" [google translated]
Decree of the Government of the Republic of Tajikistan dated April 3, 2007, No. 172 "On approval of the Regulation on the features of licensing of certain types of activities (in the new edition)" [google translated]
[<a href="http://portali-huquqi.tj/publicadliya/view_qonunhoview.php?showdetail=&asosi_id=17201">Law</a>],[<a href="http://portali-huquqi.tj/publicadliya/view_qonunhoview.php?showdetail=&asosi_id=7901">Decree</a>]