LAW OF THE REPUBLIC OF UZBEKISTAN

of October 11, 2018 No. ZRU-497

About modification and amendments in some legal acts of the Republic of Uzbekistan in connection with enhancement of system of rendering legal aid and legal services

List of amending documents

Accepted by Legislative house on September 21, 2018

Approved by the Senate on September 27, 2018

Article 1. Bring in the Code of the Republic of Uzbekistan about the administrative responsibility approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2015-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 3, Art. 6; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 9, Art. 193, No. 12, Art. 269; 1996, Art. No. 5-6, 69, No. 9, Art. 144; 1997, No. 2, Art. 56, No. 4-5, Art. 126, No. 9, Art. 241; 1998, No. 3, Art. 38, No. 5-6, Art. 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, Art. No. 5-6, 153, No. 7-8, Art. 217; 2001, Art. No. 1-2, 23, No. 9-10, Art. of the Art. 165, 182; 2002, No. 1, Art. 20, No. 9, Art. 165; 2003, No. 1, Art. 8, No. 5, Art. 67, No. 9-10, Art. 149; 2004, Art. No. 1-2, 18, No. 5, Art. 90, No. 9, Art. 171; 2005, No. 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 312, No. 12, Art. of the Art. 413, 417, 418; 2006, No. 6, Art. 261, No. 9, Art. 498, No. 10, Art. 536, No. 12, Art. of the Art. 656, 659; 2007, No. 4, Art. of the Art. 158, 159, 164, 165, No. 9, Art. of the Art. 416, 421, No. 12, Art. of the Art. 596, 604, 607; 2008, No. 4, Art. of the Art. 181, 189, 192, No. 9, Art. of the Art. 486, 488, No. 12, Art. of the Art. 640, 641; 2009, No. 1, Art. 1, No. 9, Art. of the Art. 334, 335, 337, No. 10, Art. 380, No. 12, Art. of the Art. 462, 468, 470, 472, 474; 2010, No. 5, Art. of the Art. 175, 179, No. 6, Art. 231, No. 9, Art. of the Art. 335, 339, 341, No. 10, Art. 380, No. 12, Art. of the Art. 468, 473, 474; 2011, No. 1, Art. 1, No. 4, Art. of the Art. 104, 105, No. 9, Art. of the Art. 247, 252, No. 12/2, Art. 365; 2012, No. 4, Art. 108, No. 9/1, Art. 242, No. 12, Art. 336; 2013, No. 4, Art. 98, No. 10, Art. 263; 2014, No. 1, Art. 2, No. 5, Art. 130, No. 9, Art. 244, No. 12, Art. of the Art. 341, 343; 2015, No. 6, Art. 228, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 1, Art. 2, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. of the Art. 383, 385; 2017, No. 4, Art. 137, No. 6, Art. 300, No. 9, Art. 510, No. 10, Art. 605; 2018, No. 1, Art. of the Art. 1, 4, No. 4, Art. 224), following changes and amendment:

Shall be replaced with words 1) in the name and the text of Article 1591 of the word of "the obligatory notarial certificate of the lease agreement (hiring), the agreement of provision in free use" "obligatory registration of the lease agreement (hiring) in the state tax authorities";

The text of Article 1971 to state 2) in the following edition:

"The hindrance of professional activity of the lawyer expressed in non-presentation, untimely submission or representation of obviously false or unreliable information (documents) on the lawyer's request, and also impact in any form on the lawyer with the purpose to prevent its participation in case or to achieve forced occupation it the line item contradicting interests of the principal (client) -

attracts imposing of penalty from two to five minimum sizes of the salary";

Article 283 to add 3) with part five of the following content:

"In case of hindrance of professional activity of the lawyer, stipulated in Article 1971 of this Code, the lawyer has the right to take a legal action without creation of the protocol on administrative offense with indication of in the statement of information about the identity of the offender, the place, time of making and essence of administrative offense, and also other data necessary for permission of case".

Article 2. Bring in the Civil code of the Republic of Uzbekistan approved by the laws of the Republic of Uzbekistan of December 21, 1995 No. 163-I and of August 29, 1996 No. 256-I (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1996, appendix to No. 2, No. 11-12; 1997, No. 2, Art. 56, No. 9, Art. 241; 1998, No. 5-6, of Art. 102; 1999, No. 1, Art. 20, No. 9, Art. 229; 2001, Art. No. 1-2, 23, No. 9-10, Art. 182; 2002, No. 1, Art. 20, No. 9, Art. 165; 2003, No. 1, Art. 8, No. 5, Art. 67; 2004, Art. No. 1-2, 18, No. 5, Art. 90, No. 9, Art. 171; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, No. 4, Art. 154, No. 9, Art. of the Art. 494, 498; 2007, No. 1, Art. of the Art. 3, 5, No. 4, Art. of the Art. 156, 164, No. 8, Art. 367, No. 9, Art. 416, No. 12, Art. of the Art. 598, 608; 2008, No. 4, Art. 192, No. 12, Art. 640; 2009, No. 9, Art. 337; 2010, No. 9, Art. of the Art. 335, 337, 340; 2011, No. 12/2, of the Art. of the Art. 363, 364, 365; 2012, No. 4, Art. of the Art. 106, 109, No. 12, Art. 336; 2013, No. 10, Art. 263; 2014, No. 5, Art. 130, No. 12, Art. 343; 2015, No. 8, Art. of the Art. 310, 312; 2016, No. 4, Art. 125; 2017, No. 4, Art. 137, No. 9, Art. 510, No. 12, Art. 773; 2018, No. 1, the Art. 4, No. 4, the Art. 224, No. 7, the Art. 433), the following amendments and changes:

Part one of Article 480 to add 1) with the words "also is subject to the notarial certificate";

Part the second Article 488 to exclude 2);

Shall be replaced with words 3) in part three of Article 574 of the word "it shall be notarially certified" "is subject to registration in the state tax authorities";

Shall be replaced with words 4) in part two of Article 603 of the word "it shall be notarially certified" "is subject to registration in the state tax authorities";

5) in Article 6261:

the second to exclude part;

third to consider part part two.

Article 3. Bring in the Law of the Republic of Uzbekistan of December 26, 1996 No. 343-I "About notariate" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1997, No. 2, Art. 42; 2001, No. 1-2, of Art. 23; 2003, No. 5, Art. 67; 2004, No. 1-2, of Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 312; 2006, No. 9, Art. 498; 2007, No. 12, Art. 608; 2009, No. 9, Art. 337; 2010, No. 9, Art. 335; 2012, No. 4, Art. 105; 2014, No. 5, Art. 130; 2017, No. 9, Art. 510; 2018, No. 4, Art. 224, No. 7, Art. 431) following changes and amendments:

Article 2 to state 1) in the following edition:

"Article 2. The notary in the Republic of Uzbekistan

The notary the citizen of the Republic of Uzbekistan can be not younger than twenty five years, having higher legal education, length of service on legal specialty at least three years, including with passing of training at least one year in notary office, the passed qualification examination. For the persons who worked in judgeship at least five years either as the assistant notary or on positions of judicial authorities, connected with management and control of notarial activities, at least three years, passing of training is not required.

Cannot be the notary:

person recognized as incapacitated or is limited by capable;

person having the outstanding or not removed criminal record for making of intentional crime;

person whose powers as the notary, the lawyer, the investigator, the investigator, the prosecutor, the judge or other employee of law enforcement agencies were stopped for making of the offenses incompatible with its professional activity.

The notary can have the assistant and the trainee.

To notaries the special ranks - class ranks are given";

Article 21 to add 2) with part five of the following content:

"To the assistant notary the special ranks - class ranks are given";

Articles 5 and 6 to state 3) in the following edition:

"Article 5. Independence and impartiality of the notary

The notary is independent and impartial in the activities and is guided in case of its implementation by the legislation on notariate.

Article 6. Mystery of notarial actions

The notary, other officials making notarial actions and also persons who knew of the made notarial actions in connection with accomplishment of service duties by them is forbidden to disclose the data which became known for it including after the termination of the employment contract.

Data (documents) on committed notarial actions can be issued only to persons, from name or at the request of which these actions are made.

References (data) on committed notarial actions are issued upon the demand of court, prosecutor's office, bodies of inquiry and investigation in connection with the cases which are in their production.

Also are issued by notaries:

to specially authorized state body - references (data) on the committed notarial actions connected with counteraction of legalization of income gained from criminal activities and to terrorism financing;

to body of the State Tax Service - certificates of the certificate of purchase and sale agreements of real estate, lease agreements of the property and the amount of the rent, and also of property value which is carrying over according to the procedure inheritance or donation of citizens;

to law-enforcement body - certificates of the certificate of powers of attorney on right to use and (or) orders, agreements of alienation, lease, free use, pledge, leasing of automotor-vehicles;

in branch of the state company of land management and the inventory of the real estate in the area (city) - data on cadastral number of alienable real estate and on the acquirer;

to credit bureau on its request - references (data) on lack of prohibition of alienation or arrest of the object which is subject of the transaction;

the realtor organization for its request - references (data) on lack of prohibition of alienation or arrest of the real estate object which is subject of the transaction;

to interested persons after the death of the testator - the certificate of the will.

Information on committed notarial actions is provided to Audit Chamber of the Republic of Uzbekistan on its request for the purpose of implementation of the tasks assigned to it.

Submission of references (data) can be performed using information and communication technologies";

4) in Article 15:

add with part four of the following content:

"Notaries undergo certification following the results of periodic increase in their professional qualification. Notaries can be appointed in other notary offices according to the procedure of movement (rotation). The regulations on procedure for certification and movement (rotation) of notaries affirm the Ministry of Justice of the Republic of Uzbekistan";

the fourth to consider part part five;

Part third of Article 16 to state 5) in the following edition:

"The physical person or legal entity for making of notarial action has the right to address any notary, except as specified, 82 and 93 presents of the Law provided by Articles 37, of 51, of 52, of 59, of 63, of 74,";

Article 17 to add 6) with the paragraph the seventh the following content:

"take part at meetings of governing bodies of legal entities by their invitation";

Article 18 to state 7) in the following edition:

"Article 18. Obligations of the notary

The notary shall:

render physical persons and legal entities assistance in implementation of their rights and protection of legitimate interests, to explain them their rights and obligations;

explain to the parties sense and value of the drafts of transactions provided by them and to check whether there corresponds their content to actual intents of the parties and whether they contradict requirements of the law;

warn physical persons and legal entities about effects of the made notarial actions legal lack of information could not be used by it to the detriment;

refuse making of notarial action in case of its discrepancy to the legislation;

in case of detection when making notarial actions of violation of legality by citizens or officials to report about it for acceptance of necessary measures to the relevant companies, organizations, the organizations or the prosecutor;

at least once in three years to improve the professional qualification;

issue upon the demand of court, prosecutor's office, bodies of inquiry and investigation of the reference (data) on the committed notarial actions connected with the cases which are in production of these bodies;

represent to specially authorized state body of the reference (data) on the committed notarial actions connected with counteraction of legalization of income gained from criminal activities and to terrorism financing;

represent to body of the State Tax Service of the certificate of the certificate of purchase and sale agreements of real estate, lease agreements of property and the amount of the rent, and also about property value, the inheritance which is carrying over according to the procedure or donation citizens;

represent to law-enforcement body of the certificate of the certificate of powers of attorney on right to use and (or) orders, agreements of alienation, lease, free use, pledge, leasing of automotor-vehicles;

represent to branch of the state company of land management and the inventory of the real estate in the region (city) of the data on cadastral number of alienable real estate and about the acquirer;

represent at the request of credit bureaus of the reference (data) on lack of prohibition of alienation or arrest of the object which is subject of the transaction;

represent at the request of the realtor organization of the reference (data) on lack of prohibition of alienation or arrest of the real estate object which is subject of the transaction;

represent certificates of the will to interested persons after the death of the testator;

represent at the request of Audit Chamber of the Republic of Uzbekistan data on committed notarial actions";

To state Article 21 in the following edition:

"Article 21. Payment of the notarial actions and other actions made by notaries

For making of notarial actions the state fee according to the rates is collected.

In case of departure of the notary for making of notarial action out of the place of the work the interested physical persons or legal entities refund it the actual transportation expenses.

For the additional actions of legal and technical nature made by the notary the payment is levied.

The physical persons and legal entities which independently made the draft of notarially certified transaction when making notarial actions by the notary are exempted from payment for additional actions of legal and technical nature";

To add 9) with Chapter of 41 following contents:

"Chapter 41. The single automated information system of notariate

Article 221. Basic provisions of the Single automated information system of notariate

The single automated information system of notariate is the information system intended for complex automation of processes of collection, processing of data on notarial activities and providing all types of information exchange with the state bodies connected with implementation of notarial actions.

The single automated information system of notariate belongs to the Ministry of Justice of the Republic of Uzbekistan.

The single automated information system of notariate is used also for receipt of the electronic appeal sent to notary office.

The Ministry of Justice of the Republic of Uzbekistan provides access for notaries to the Single automated information system of notariate.

Entering by notaries into the Single automated information system of notariate of data is not disclosure of mystery of making of notarial actions.

Article 222. Entering of data into the Single automated information system of notariate

Entering of data into the Single automated information system of notariate is performed by notaries.

The Ministry of Justice of the Republic of Uzbekistan determines the list of the data which are subject to entering by notaries into the Single automated information system of notariate.

Data on committed notarial actions are entered by the notary into the Single automated information system of notariate no later than day of making of such actions.

Article 223. Electronic address

Physical persons and legal entities can address to notary offices through information systems for preliminary making an appointment to the notary, designing of transactions and statements electronically and other purposes connected with implementation of notarial actions.

The electronic address shall be confirmed with the digital signature. The electronic address about designing of transactions and statements electronically is not subject to consideration if the payment for additional actions of legal and technical nature is not paid.

The procedure for consideration of the electronic addresses arriving in notary offices through information systems is determined by the Ministry of Justice of the Republic of Uzbekistan";

10) in Article 23 part one:

exclude item 4;

add with Item of 121 following contents:

"121) certify the fact of decision making of the legal entity by governing body";

in Item 15 the word "statements" shall be replaced with words "statements and (or) other documents";

11) in Article 26:

state the name in the following edition:

"Article 26. Wills, the powers of attorney and statements equated to notarially certified";

in paragraph five and word part one pole "wills and powers of attorney" shall be replaced with words "wills, powers of attorney and statements";

in word part two of "wills and powers of attorney" shall be replaced with words "wills, powers of attorney and statements";

Article 27 to state 12) in the following edition:

"Article 27. Transfer of the wills and powers of attorney certified by officials in notary office

The officials listed in article 26 of this Law shall transfer immediately in one copy the wills and powers of attorney connected with implementation of notarial actions certified by them to storage to notary office on the permanent residence of the testator or principal.

If the testator or the principal had no permanent residence in the Republic of Uzbekistan or their residence is unknown, the will or the power of attorney goes to notary office to storage in the organization location which official certified the will or the power of attorney.

The notary shall check the will which arrived on storage and the power of attorney and in case of establishment of discrepancy to their law to report about it to the testator, the principal and the official who certified the will.

The officials listed in article 26 of this Law shall transfer immediately to notary office in one copy of the document which is the basis for change and cancellation of wills, and also cancellation of the power of attorney according to the procedure, established by this Article";

"The property provided by part two of article 44 of this Law and" shall be replaced with words 13) in Item of 1 part one of Article 28 of the word "real estate";

Article 29 to add 14) with part two of the following content:

"When making notarial action by notaries means of audio-and video fixing can be used";

Part the fourth Article 31 after the words "it can be postponed" to add 15) with the word "once";

Article 32 to add 16) with part three of the following content:

"In case of identification of the citizen who addressed for making of notarial action, the notary uses the appropriate information resources";

17) in Article 34:

add part one with the offer of the following content:

"Transactions, statements and other documents can be certified by the parties by scanning of fingerprints of hands";

the second to add part with the offer of the following content:

"In such cases when making notarial actions means of video fixing are used";

Part one of Article 35 to add 18) with the offer of the following content:

"If not stipulated corrections or other shortcomings which are available in the document are insignificant for the purposes for which the document is submitted, the notary has the right to accept such document for making of notarial action";

To exclude 19) from Article 37 of the word "and also addressed to and from employee name of this notary office";

Shall be replaced with words 20) in part two of Article 40 of the word "in parts two and third" "in parts two - the fourth";

Part the second Article 44 to exclude 21);

Part the second Article 62 to exclude 22);

23) in Article 63:

add with part three of the following content:

"If the surviving spouse does not submit the written application about receipt of the certificate on the property right, the share in common property of spouses is not allocated";

third to consider part part four;

Article 65 to state 24) in the following edition:

"Article 65. Witnessing of fidelity of copies of documents and statements from them

Notaries witness fidelity of copies of documents and statements from them issued by physical persons and legal entities.

Fidelity of the statement can be attested only when the document of which the statement is made contain solutions of several the separate, not connected among themselves questions. The statement shall reproduce the complete text of part of the document on certain question.

Witnessing fidelity of copies of documents and statements from them, the notary does not confirm legality of contents of the document, compliance of the reality facts stated in it, the personality, capacity to act and powers of the physical persons which signed it, legal capacity of the legal entity from whom the document proceeds.

If fidelity of the copy of the original or statement from the original document consisting of several sheets which part represents the copy of other document about it it is witnessed the mark in certifying text becomes";

Article 67 to state 25) in the following edition:

"Article 67. Witnessing of authenticity of the signature on documents

The notary, witnessing authenticity of the signature, does not certify the facts stated in the document, and only confirms that the signature is made by certain person.

Witnessing of authenticity of the signature on the documents representing the transaction is not allowed";

To add 26) with Article of 701 following contents:

"Article 701. Certificate of the fact of decision making of the legal entity by governing body

The notary at the request of the body or person convening meeting of governing body of the legal entity is present when holding this meeting and grants the certificate on the certificate of the fact of decision making of the legal entity by governing body and on the list of participants (shareholders) who were present at adoption of this decision.

The notary for factual determination of decision making of the legal entity by governing body checks legal capacity of the legal entity, determines competence of governing body of the legal entity regarding decision making, quorum availability at meeting and based on counting of votes availability of necessary number of votes for decision making according to the legislation and constituent documents of the legal entity";

The word of "statements" shall be replaced with words 27) in the name of Chapter 12 "statements and (or) other documents";

Article 73 to state 28) in the following edition:

"Article 73. Transfer of statements and (or) other documents

The notary reports statements and (or) other documents of physical persons and legal entities to other physical persons and legal entities.

Statements and (or) other documents are transferred by mail with the return notification or personally to addressees on receipt. Statements can be transferred also with use of the telefax, computer networks and other technical means. The expenses connected with transfer of statements and (or) other documents are paid by person at the request of whom notarial action is made.

At the request of person the notary grants the certificate on transfer of statements and (or) other documents";

29) in Article 91:

in word part one "body of the Ministry of Foreign Affairs of the Republic of Uzbekistan" shall be replaced with words "or apostilization";

the second after the word "legalizations" to add part with the words "or apostille".

Article 4. Bring in the Law of the Republic of Uzbekistan of December 27, 1996 No. 349-I "About legal profession" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1997, No. 2, Art. 48; 2001, No. 1-2, of Art. 23; 2003, No. 5, Art. 67; 2004, No. 1-2, of Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 312; 2008, No. 12, Art. 641; 2009, No. 9, Art. 337), following changes and amendments:

Part third of Article 3 to state 1) in the following edition:

"The lawyer has no right to be engaged in other types of paid activities, except:

scientific and pedagogical activities;

activities in Chamber of lawyers of the Republic of Uzbekistan (further - Chamber of lawyers) and its territorial administrations;

activities as the patent agent and mediator;

activities as the employee of legal service of state bodies, bodies of economic board, the state companies, organizations and the organizations on the contractual legal basis;

activities as the judge in reference tribunals and the international commercial arbitrations (courts)";

2) in Article 31:

in part two to replace the word of "six" with the word of "three";

add with part three of the following content:

"Person having years of service on legal specialty at least three years as the employee of legal service of state bodies, bodies of economic board, the state companies, organizations and the organizations in judgeship, the investigator, the investigator or the prosecutor has the right to participate in qualification examination without passing of training in lawyer forming";

speak rapidly third - to consider the eighth respectively parts four - the ninth;

in part four shall be replaced with words the word "year" "six months";

Parts the sixth and seventh Article 4 to replace 3) with parts six - the tenth the following content:

"The location of law firm or Bar shall be located in the non-residential premise.

The lawyers who founded lawyer bureaus can perform the activities also in the premises belonging to them on the property right or on other legal cause, at the same time transfer of the premises belonging to the lawyer on the property right to non-residential premises for their use in activities of lawyer bureau is not required.

Lawyer forming contain at the expense of money (income) arriving from citizens and legal entities for rendering legal aid to them and other means which are not prohibited by the legislation.

Lawyers can create public associations of lawyers.

The law firm and Bar has the right to create the separate divisions (representations and branches) in the territory of the Republic of Uzbekistan and in foreign states according to their legislation. At the same time the law firm and Bar beforehand notify registering body on the decision on opening of separate division";

4) in Article 5 part one:

the fourth after the word "civil" to add the paragraph with words "economic and administrative";

the fifth to state the paragraph in the following edition:

"participates at stage of inquiry, pretrial investigation and in criminal court judge as the defender, the representative of the victim, the civil claimant, the civil defendant";

add with the paragraph the seventh the following content:

"performs representation in reference tribunal and the international commercial arbitration (court)";

5) in Article 6 part one:

third to state the paragraph in the following edition:

"collect and produce the evidence which is subject to attaching to the criminal case file or cases on administrative offense, and also obligatory assessment during conducting investigation verification, inquiry, pretrial investigation and consideration of the case in court or in the bodies considering cases on administrative offenses, and other authorized bodies";

the ninth to state the paragraph in the following edition:

"freely to meet the principal (client) alone, in the conditions providing confidentiality (including during its content under guards), without restriction of number of appointments, their duration and without the permission of the state bodies and officials responsible for proceeedings";

To add 6) with Article of 71 following contents:

"Article 71. Lawyer's request

The lawyer has the right to send to the state and other bodies, and also the companies, organizations and the organizations the lawyer's request on the questions entering competence of the specified bodies and the organizations concerning submission of information, references, characteristics and other documents (further - information (documents), necessary for rendering qualified legal aid by the lawyer (further - the lawyer's request).

Information (documents), and also their copies are represented no later than fifteen days from the date of receipt of request of the lawyer.

If the state or other body, and also the company, organization, the organization have no required information (documents), they shall no later than five days from the date of receipt of request in time report about it to the lawyer who addressed them.

In case of provision by the lawyer of the document testimonial of the beginning of inquiry, pretrial investigation or legal proceedings on case, information (documents) specified in request shall be provided no later than three working days.

In request of the lawyer shall be specified:

the name and the postal address of the state or other body, and also company, organization, organization where the inquiry is sent;

surname, name, lawyer's middle name;

the name, the postal address, the e-mail address, phone number of lawyer forming in which the lawyer performs the activities;

registration room and date of request of the lawyer in magazine of registration of request of the lawyer;

surname, name, middle name of physical person or the name of the legal entity in whose interests the lawyer acts;

information (documents) necessary for rendering legal aid;

specifying on method of transfer of required information (documents) (the mailing, fax connection, e-mail, purposely);

signature of the lawyer.

The copy of the order is attached to request of the lawyer.

Representation of required information (documents) to the lawyer it can be refused if the subject who received the lawyer's request has no required information (documents) or they contain the state secrets or other secret protected by the law, and also if the request of the lawyer does not contain information (documents) provided by parts five and the sixth this Article.

The request of the lawyer can be sent and electronically through information system with observance of lawyer secret.

Non-presentation, untimely submission or representation of obviously false or unreliable information (documents) on request of the lawyer involves responsibility according to the law";

7) in Article 10:

to add part one after the words "any" with the words "direct or indirect";

add with part six of the following content:

"In case of the introduction in legal force of conviction of court about recognition of the lawyer guilty of crime execution, the judge within a day in writing informs the Ministry of Justice of the Republic of Uzbekistan and Chamber of lawyers";

8) in Article 123:

third to add part with the offer of the following content:

"The same person cannot be the President of Chamber of lawyers more than two terms in a row";

add with part four of the following content:

"The President of Chamber of lawyers has the right to participate at meetings of Legislative house of Oliy Majlis of the Republic of Uzbekistan on discussion of drafts of the laws and to express opinions on them";

the fourth and fifth to consider parts respectively parts five and the sixth;

Second and third Article 13 to state 9) to part in the following edition:

"The qualification commissions are formed by joint decisions of territorial administrations of Chamber of lawyers and judicial authorities in odd quantity from among the lawyers having authority among colleagues, and also experienced specialists in the field of the right.

For appeal on decisions of the qualification commissions, generalization and the analysis of practice of work of the qualification commissions under Chamber of lawyers the Highest qualification commission is formed. The structure of the Highest qualification commission affirms the joint decision of Chamber of lawyers and the Ministries of Justice of the Republic of Uzbekistan as odd quantity from among the lawyers having authority among colleagues, and also experienced specialists in the field of the right";

10) in Article 131:

in part one:

word in paragraph one "the judicial authority which issued to the lawyer the certificate" shall be replaced with words "the qualification commissions";

add with paragraphs third - the fifth the following content:

"revenues to study in educational institutions, including rates on advanced training and retraining of personnel - for study, but no more than three years;

provisions of maternity leaves, on child care aged up to three years - for the period of leave;

temporary disability because of serious illness of the lawyer or his close relative on presentation of the medical certificate - before treatment, but no more than one year";

third - the seventh to consider paragraphs respectively paragraphs the sixth - the tenth;

add with part two of the following content:

"In the presence at the lawyer of other, stipulated by the legislation bases to release from occupation lawyer activities more than one month, the status of the lawyer can be suspended according to its statement - for the period of such release";

the second - the fifth to consider parts respectively parts three - the sixth;

in part five of the word of "third and fourth" shall be replaced with words "third - heel";

11) in Article 14:

the second to state part in the following edition:

"Disciplinary production is initiated by the decision of the qualification commissions or the Highest qualification commission";

in part four:

word in paragraph three "paragraphs to the third and fourth part one" shall be replaced with words "paragraphs to the second and third part two";

word in paragraph four "paragraphs to the ninth, tenth and eleventh part one" shall be replaced with words "paragraphs to the second, fifth and sixth part two";

add with part seven of the following content:

"Authority punishment cannot be applied to the lawyer after six months from the date of offense making, and by results of audit or check of financial and economic activities - is later than two years from the date of its making by the lawyer";

The text of Article 15 to state 12) in the following edition:

"Suspension of action of the license is performed by the decision of the judicial authority which issued to the lawyer the certificate in case of involvement of the lawyer to criminal liability from the moment of attraction it as the person accused and to the introduction of the court verdict in legal force or before decision making about release it from criminal liability on the rehabilitating bases.

Suspension of action of the license is performed by the decision of administrative court according to the appeal of the judicial authority which issued to the lawyer the certificate, or Chambers of lawyers in cases:

failure to carry out or inadequate accomplishment by the lawyer of decisions of territorial administration of Chamber of the lawyers or judicial authority accepted within their competence, including obliging to eliminate the lawyer the revealed violations;

identifications of violations by the lawyer of requirements of the legislation on legal profession, Rules of professional ethics of lawyers, lawyer secret and oath of the lawyer.

The term of suspension of action of the license cannot exceed six months, except for case when the lawyer is recruited in criminal case as the person accused. In the specified time person whose license is suspended shall eliminate the circumstances which entailed suspension of action of the license if they have no unremovable character.

The decision of judicial authority on suspension of action of the license can be appealed in court.

Suspension of action of the license involves suspension of the status of the lawyer";

The text of Article 16 to state 13) in the following edition:

"Cancellation of the license is performed by the decision of the judicial authority which issued to the lawyer the certificate in cases:

addresses of the lawyer with the statement for cancellation of the license, but upon termination of accomplishment of earlier accepted order if the principal (client) insists on it;

if the applicant within three months from the moment of the direction (delivery) of the notification on decision making on licensing did not submit to judicial authority the document confirming payment of the state fee for licensing;

failures to meet requirements, provided by part seven of Article 31 and part six of article 131 of this Law;

legal incapacities of the lawyer or recognition its incapacitated in accordance with the established procedure;

introductions in legal force of conviction of court about recognition of the lawyer guilty of crime execution;

losses by the lawyer of nationality of the Republic of Uzbekistan;

the death of the lawyer or the introduction in legal force of the judgment about the announcement his dead.

Cancellation of the license is performed by administrative court according to the appeal of the Ministry of Justice of the Republic of Uzbekistan based on the conclusion of the Highest qualification commission in cases:

failures to carry out by the lawyer without valid excuse within six months of the professional obligations;

identifications of the fact of receipt of the license with use of false documents;

detection of illegality of the decision on licensing;

not elimination by person which license is suspended, the circumstances which entailed suspension of action of the license in the time established by court;

systematic or single gross violation by the lawyer of requirements of the legislation on legal profession, Rules of professional ethics of lawyers, lawyer secret and the oath of the lawyer, making of the offense discrediting honor and advantage of the lawyer and belittling authority of legal profession.

Cancellation of the license can be performed by administrative court and in other cases established by the legislation.

Cancellation of the license is performed from decision date about cancellation of the license.

The decision of judicial authority on cancellation of the license can be appealed in court.

Cancellation of the license involves the termination of the status of the lawyer.

The judicial authority in three-day time notifies the relevant territorial administration of Chamber of lawyers on the termination of the status of the lawyer, and also publishes the corresponding message in mass media. The termination of the status of the lawyer attracts the termination of membership of the lawyer in Chamber of lawyers.

Person whose license is terminated the bases provided in paragraphs five and pole of part two of this Article has no right to be within three years applicant".

Article 5. Bring in the Housing code of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of December 24, 1998 No. 713-I (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1999, No. 1, Art. 4; 2001, No. 5, Art. 89; 2004, No. 5, Art. 90; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, No. 6, Art. 260; 2007, No. 1, Art. 3, No. 4, Art. 156; 2008, No. 12, Art. 640; 2009, No. 12, Art. 470; 2011, No. 12/2, of Art. 365; 2013, No. 10, Art. 263; 2014, No. 1, Art. 2; 2015, No. 8, Art. 312; 2016, No. 4, Art. 125; 2018, No. 1, Art. 1), following changes:

"To the specified citizens, members of their families, and also citizens who are constantly living in these houses (apartments)" to replace 1) in part one of Article 27 and the text of Article 28 of the word with the word to "owners".

Part the sixth Article 32 to state 2) in the following edition:

"Sale, exchange, donation or delivery in employment, in lease of the privatized apartment or house are made with the consent of full age members of the family of the owner of the apartment or house and persons who agreed to privatization of the apartment or house. Right to use by premises of person who agreed to privatization of housing is not part of the inheritance which opened after his death. The interests of minor members of the family of the owner of the privatized housing are represented by their parents, and in case of their absence - guardianship and custody bodies";

3) in Article 86:

third to exclude part;

the fourth and fifth to consider parts respectively parts three and the fourth.

Article 6. No. ZRU-601 is excluded according to the Law of the Republic of Uzbekistan of 07.01.2020

Article 7. To the Cabinet of Ministers of the Republic of Uzbekistan:

bring decisions of the government into accord with this Law;

provide review and cancellation by state bodies of their regulatory legal acts contradicting this Law;

provide execution, bringing to contractors and explanation among the population of essence and value of this Law.

Article 8. This Law becomes effective from the date of its official publication.

Item 1 of Article 1, Article 2, Items 2 - the 29th Articles 3, Items 2 and 3 of Article 5 become effective since January 1, 2019.

 

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