Licensing of advocacy: the experience of Kazakhstan and Uzbekistan
Sh.Khujayev , PhD, Head of Intellectual property law Department at Tashkent state university of law, Uzbekistan M.Mamayeva , PhD, Head of the Department of Economics and Natural Sciences at Shymkent University, KazakhstanAbstract
This article presents a comprehensive comparative analysis of legal advocacy licensing mechanisms in Uzbekistan and Kazakhstan. Given its crucial role in safeguarding the rights and freedoms of individuals and legal entities, advocacy is a subject of significant reform in both jurisdictions. The authors investigate how licensing serves as a key instrument for upholding the professionalism and legal competence of practicing lawyers. The research outlines the constitutional underpinnings, legal frameworks, and practical procedures that regulate advocacy in each nation, with particular emphasis on adherence to international standards such as the UN Basic Principles on the Role of Lawyers (1990) and the IBA Standards.
Furthermore, the paper meticulously examines eligibility criteria, encompassing citizenship, legal education, professional examinations or certification, practical internships, and ethical conduct requirements. It also addresses the integration of e-government platforms for the issuance, monitoring, and control of licenses, identifying shared practices and distinctive features concerning administrative procedures, as well as grounds for the refusal, suspension, and termination of licenses. Through a comparison of legal practices and institutional arrangements, this article illustrates the concerted efforts of both Kazakhstan and Uzbekistan to elevate the quality and integrity of legal services via robust, regulated licensing systems. This study offers valuable insights into the contribution of licensing to legal reform and the fostering of a resilient, independent advocacy system.
Keywords
Advocacy, legal profession, licensing system
References
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