Licensing of advocacy: the experience of Kazakhstan and Uzbekistan

Аннотация

This article presents a comprehensive Sh.Khujayev, & M.Mamayeva. (2025). Licensing of advocacy: the comparative analysis of legal advocacy licensing experience of Kazakhstan and Uzbekistan. The American Journal of Political Science Law and Criminology, 7(07), 8–12. mechanisms in Uzbekistan and Kazakhstan. Given its https://doi.org/10.37547/tajpslc/Volume07Issue07-02 crucial role in safeguarding the rights and freedoms of individuals and legal entities, advocacy is a subject of COPYRIGHT significant reform in both jurisdictions. The authors © 2025 Original content from this work may be used under the terms investigate how licensing serves as a key instrument for of the creative commons attributes 4.0 License. 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, The American Journal of Political Science Law and Criminology 8 https://www.theamericanjournals.com/index.php/tajpslc The American Journal of Political Science Law and Criminology legal reform, qualification requirements, judicial the method for ensuring and determining qualifications regulation. is independently decided by individual states. Furthermore, the UN Basic Principles on the Role of Lawyers of 1990 require that access to the legal Introduction: Advocacy stands as a cornerstone profession be free from discrimination based on race, institution for protecting human rights and freedoms, color, sex, ethnic origin, religion, political or other as well as the rights of organizations and companies. opinion, national or social origin, property, class, Lawyers, through their provision of qualified legal economic, or other status. However, the requirement assistance, are instrumental in safeguarding their that a lawyer must be a citizen of the relevant country is clients' interests. This vital function underscores why not deemed discriminatory. In Uzbekistan and advocacy receives significant global attention. Kazakhstan, only citizens of these countries may In both Uzbekistan and Kazakhstan, advocacy is become lawyers, a rule consistent with the UN Basic considered a pivotal institution within the national Principles. legal system. Consequently, ongoing reforms in these The IBA Standards for the Independence of the Legal countries, as part of broader judicial and legal Profession assert that every person with the necessary transformations, aim at further liberalizing advocacy legal qualifications has the right to become a lawyer. In legislation and strengthening the role and status of the our view, licensing precisely enables the determination lawyer. of this qualification and confirms a lawyer's capacity to The Constitution of Kazakhstan mentions lawyers in provide qualified legal assistance. the context of the right to legal assistance during Legal Regulation of Advocacy Licensing criminal prosecution. In contrast, the updated Constitution of Uzbekistan features a dedicated In the Republic of Uzbekistan, the requirement to obtain Chapter XXIV on advocacy. This chapter establishes a license is stipulated as one of the mandatory crucial guarantees, including: conditions for acquiring lawyer status, as per Article 3 of the Law of the Republic of Uzbekistan “On Advocacy”. a) the proclamation of the principles of legality, Article 1 of the Law of the Republic of Uzbekistan “On independence, and self-governance of advocacy. Guarantees of Advocacy and Social Protection of b) the inadmissibility of interference in a lawyer's Lawyers” further clarifies that the license is a professional activities. prerequisite for exercising the right to engage in c) the protection of a lawyer's honour, dignity, advocacy. and professional practice. The Law of the Republic of Uzbekistan “On Licensing, Both Uzbekistan and Kazakhstan regulate