Licensing of advocacy: the experience of Kazakhstan and Uzbekistan

Sh.Khujayev; M.Mamayeva

doi:10.37547/tajpslc/Volume07Issue07-02

The American Journal of Political Science Law and Criminology

8

https://www.theamericanjournals.com/index.php/tajpslc

OPEN ACCESS

SUBMITED

10 May 2025

ACCEPTED

06 June 2025

PUBLISHED

08 July 2025

VOLUME

Vol.07 Issue07 2025

CITATION

Sh.Khujayev, & M.Mamayeva. (2025). Licensing of advocacy: the
experience of Kazakhstan and Uzbekistan. The American Journal of
Political Science Law and Criminology, 7(07), 8

–

12.

https://doi.org/10.37547/tajpslc/Volume07Issue07-02

COPYRIGHT

© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.

TYPE

Original Research

PAGE NO.

8-12

DOI

10.37547/tajpslc/Volume07Issue07-02

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, Kazakhstan

Abstract:

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,

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legal reform, qualification requirements, judicial
regulation.

Introduction:

Advocacy stands as a cornerstone

institution for protecting human rights and freedoms,
as well as the rights of organizations and companies.
Lawyers, through their provision of qualified legal
assistance, are instrumental in safeguarding their
clients' interests. This vital function underscores why
advocacy receives significant global attention.

In both Uzbekistan and Kazakhstan, advocacy is
considered a pivotal institution within the national
legal system. Consequently, ongoing reforms in these
countries, as part of broader judicial and legal
transformations, aim at further liberalizing advocacy
legislation and strengthening the role and status of the
lawyer.

The Constitution of Kazakhstan mentions lawyers in
the context of the right to legal assistance during
criminal prosecution. In contrast, the updated
Constitution of Uzbekistan features a dedicated
Chapter XXIV on advocacy. This chapter establishes
crucial guarantees, including:

a)

the proclamation of the principles of legality,

independence, and self-governance of advocacy.

b)

the inadmissibility of interference in a lawyer's

professional activities.

c)

the protection of a lawyer's honour, dignity,

and professional practice.

Both Uzbekistan and Kazakhstan regulate the
organization of advocacy at the legislative level
through laws adopted by their respective parliaments.

The Essence of Advocacy Licensing

Considering advocacy's societal role, Uzbekistan and
Kazakhstan have adopt

ed a “licensing advocacy”

model. This means that engaging in legal advocacy in
both countries is permissible only after obtaining a
license. Consequently, a legislative permit requirement
exists: a lawyer must obtain a license authorizing them
to engage in advocacy in the prescribed manner.
Practicing advocacy without a license may lead to
administrative or criminal liability.

This “licensing advocacy” model fully aligns with

international standards in the field. The UN Basic
Principles on the Role of Lawyers of 1990 stipulate that
governments, professional associations of lawyers,
and educational institutions must ensure the proper
qualification and training of lawyers, their knowledge
of professional ideals and moral duties, as well as
human rights and fundamental freedoms recognized
by national and international law. At the same time,

the method for ensuring and determining qualifications
is independently decided by individual states.

Furthermore, the UN Basic Principles on the Role of
Lawyers of 1990 require that access to the legal
profession be free from discrimination based on race,
color, sex, ethnic origin, religion, political or other
opinion, national or social origin, property, class,
economic, or other status. However, the requirement
that a lawyer must be a citizen of the relevant country is
not deemed discriminatory. In Uzbekistan and
Kazakhstan, only citizens of these countries may
become lawyers, a rule consistent with the UN Basic
Principles.

The IBA Standards for the Independence of the Legal
Profession assert that every person with the necessary
legal qualifications has the right to become a lawyer. In
our view, licensing precisely enables the determination
of this qualification and confirms a lawyer's capacity to
provide qualified legal assistance.

Legal Regulation of Advocacy Licensing

In the Republic of Uzbekistan, the requirement to obtain
a license is stipulated as one of the mandatory
conditions for acquiring lawyer status, as per Article 3 of

the Law of the Republic of Uzbekistan “On Advocacy”.
Article 1 of the Law of the Republic of Uzbekistan “On

Guarantees of Advocacy and Social Protection of

Lawyers” further clarifies that the license is a

prerequisite for exercising the right to engage in
advocacy.

The Law of the Republic of Uzbekistan “On Licensing,
Permitting and Notification Procedures” mandates the

licensing of advocacy. Concurrently, advocacy licensing
in Uzbekistan is carried out across two areas of
specialization:

i.

Private law sector: civil and economic litigation.

ii.

Public law sector: administrative and criminal

litigation.

Subordinate acts also establish legal conditions:

a.

Resolution of the President of the Republic of

Uzbekistan No. PP-263 dated May 30, 2022 (this
document introduced a new licensing procedure via the
"License" information system from the beginning of
2023).

b.

Resolution of the Cabinet of Ministers of the

Republic of Uzbekistan No. 432 dated August 5, 2022
(this government decision establishes specifics for
applying for, issuing, and reissuing licenses, and
maintaining the register of lawyers).

c.

Order of the Minister of Justice of the Republic

of Uzbekistan, registered on March 14, 2009, under
registration number 1921 (this document regulates the

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procedure for passing the qualification exam, as well as
license suspension and termination).

In Kazakhstan, lawyer status similarly necessitates an
appropriate license (Article 32 of the Law of the

Republic of Kazakhstan “On Advocacy and Legal
Assistance”). A license to engage in advocacy in

Kazakhstan constitutes a permit to practice and is
issued after the applicant undergoes an internship and
certification in the manner and under the conditions
prescribed by law.

The Law of the Republic of Kazakhstan

“On

Permits and

Notifications” provides for two permitti

ng documents

in the field of advocacy:

-

a license to engage in advocacy.

-

certification of persons applying for advocacy (unlike

Kazakhstan, Uzbekistan does not consider certification
a separate permitting procedure).

In Kazakhstan, the Rules for the Provision of Public
Services on Advocacy Issues are approved by an order
of the Minister of Justice. This document governs the
rules for the certification of persons applying for
advocacy and the licensing of advocacy.

As of early 2025, there are 3,429 legal advocacy
formations operating in Uzbekistan, employing a total
of 6,017 lawyers. In Kazakhstan, during the same
period, 6,344 lawyers are practicing. More than half of
Kazakhstan's lawyers (3,474) work individually, while in
Uzbekistan, 2,876 lawyers practice individually. In
Kazakhstan, there is one lawyer for every 3,157 people,
whereas in Uzbekistan, there is one lawyer for every
6,239 people.

General Requirements for Obtaining a License

The requirements for obtaining a license in Uzbekistan
and Kazakhstan are directly linked to the prerequisites
for acquiring lawyer status. These requirements
include:

First

–

Citizenship

: Only a citizen of the respective

country may be a lawyer in Uzbekistan and Kazakhstan.

Second

–

Education

: A lawyer must possess a higher

legal education.

Third

–

Knowledge Confirmation

: A lawyer must

successfully pass certification (Kazakhstan) or a
qualification exam (Uzbekistan).

Fourth

–

Health and Reputation

: In both countries,

individuals who are legally incapacitated or partially
incapacitated, as well as those with an unexpunged or
outstanding criminal conviction, are precluded from
practice. Additionally, Kazakhstan imposes temporary
restrictions on certain individuals dismissed from
public service positions or released from criminal
liability on non-rehabilitating grounds.

Fifth

–

Internship

: At least 3 months in Uzbekistan and

from 6 months to 1 year in Kazakhstan. Certain
categories, such as former judges, prosecutors, and
investigators, may be exempt.

Sixth

–

Practice Modality

: A lawyer may practice

individually or by joining a legal formation (e.g., law
firm).

Alongside the above requirements, financial aspects are
relevant. Since licensing in Uzbekistan and Kazakhstan is
treated as a public service, obtaining a license involves
the payment of relevant fees. In Uzbekistan, the
application review fee is 50% of the base calculated
value, and the license issuance fee equals one base
calculated value. In Kazakhstan, the license issuance fee
is 6 monthly calculated indices.

Licensing Process

In Uzbekistan and Kazakhstan, the licensing process is
conducted through the e-government system,
leveraging

information

and

communication

technologies. To obtain a license, an applicant must
submit an application to the licensing authority via the
e-government website (my.gov.uz or www.egov.kz) or a
specialized

licensing

information

system

(https://license.gov.uz/ or www.elicense.kz).

The licensing process generally comprises three stages:
1)

submission of the application by the applicant; 2)

receipt and review of the application by the licensing
authority; 3) issuance of a decision to grant the license
or a justified refusal.

Differences in application submission pertain to the
data on certification and examinations. In Uzbekistan,
information on successful completion of the
qualification exam is immediately entered into the
"License" system by the Higher Qualification
Commission under the Chamber of Lawyers and the
qualification commissions under the regional offices of
the Chamber of Lawyers after the applicant passes the
exam. In Kazakhstan, certification data is provided by
the applicant within the Application Form for practicing
advocacy.

The application review period is 10 working days in
Uzbekistan and 15 working days in Kazakhstan. In
Uzbekistan, applicants have three months to pay the
licensing fee.

Grounds for refusal in both countries include non-
compliance with the legal requirements for acquiring
lawyer status, such as foreign citizenship, lack of legal
education, missing documents on internship and exam
(certification), criminal record, or legal incapacity. Other
grounds for refusal are not permitted.

Activities of the Licensing Authority

In both countries, the Ministry of Justice serves as the

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primary licensing authority. In Uzbekistan, licensing is
conducted by mid-level justice bodies, specifically the
Ministry of Justice of the Republic of Karakalpakstan,
regional justice departments, and the Tashkent City
Justice Department. In Kazakhstan, the license is issued
by the Committee for Registration Services and Legal
Assistance under the Ministry of Justice of the Republic
of Kazakhstan.

The responsibilities of these justice bodies extend
beyond merely issuing licenses; they also encompass
monitoring compliance with licensing requirements.

One form of control exercised is the suspension of a
license. In Uzbekistan, suspension may occur:

i.

Independently (if a lawyer is under criminal

prosecution, from the moment charges are laid until
the court's verdict enters into legal force or a decision
on exoneration is made).

ii.

By filing a claim in an administrative court (for

non-compliance with or improper compliance with
decisions of the regional offices of the Chamber of
Lawyers or the Ministry of Justice; violation of
advocacy legislation, rules of professional ethics,
attorney-

client privilege, or the lawyer’s oath).

In Kazakhstan, grounds for suspension are categorized
as general and special. Examples of special grounds
include holding public office, serving as a deputy,
military service, or voluntary suspension. Suspension is
carried out by the Ministry of Justice.

Regarding duration, the maximum suspension period
in Uzbekistan is six months (excluding cases of criminal
prosecution), while in Kazakhstan, the term varies by
reason (typically up to 3 or 6 months).

The second form of control is license termination. In
Uzbekistan, the Ministry of Justice may terminate a
license due to:

a

lawyer’s

personal request to terminate the license.

a)

non-payment of the license issuance fee;

b)

failure to join or establish a legal formation;

c)

legal incapacity;

d)

a final criminal conviction;

e)

loss of Uzbek citizenship;

f)

death or a court ruling declaring the person

deceased.

Kazakhstan possesses similar grounds, with the
notable exceptions of voluntary withdrawal and fee
non-payment.

License termination in both countries may also result
from professional misconduct, the use of fraudulent
documents, the discovery of illegal issuance, or
repeated or gross violations of relevant rules. In such

instances, termination is carried out by an
administrative court upon request by the Ministry of
Justice.

Actions and decisions made by the licensing authority
are subject to appeal to the Ministry of Justice. Should
the applicant disagree with the Ministry's decision, they
retain the right to file a claim with the administrative
court.

CONCLUSION

Licensing of advocacy in Uzbekistan and Kazakhstan
serves as a key mechanism for verifying the
qualifications of individuals providing professional legal
assistance. The issued license thus functions as formal
confirmation of a

lawyer’s

competence and their ability

to deliver effective legal support to clients. This

approach reflects both countries’

commitment to

ensuring a high standard of legal services and
strengthening public trust in the advocacy system as a
whole.

REFERENCES

Basic Principles on the Role of Lawyers by the Eighth
United Nations Congress on the Prevention of Crime
and the Treatment of Offenders, Havana, Cuba, adopted
07

September

1990

/

https://www.ohchr.org/en/instruments-
mechanisms/instruments/basic-principles-role-
lawyers

.

IBA standards for the independence of the Legal
profession

(adopted

1990)

/

https://www.ibanet.org/MediaHandler?id=F68BBBA5-
FD1F-426F-9AA5-48D26B5E72E7

.

The Constitution of the Republic of Uzbekistan /