- 17 October 2023 11:31
"The length of service required for admission to advocacy in Azerbaijan should be reduced to two years."
This statement was made by MP Bahruz Maharramov to e-huquq.az. According to him, Certain changes are needed in Article 8 of the Law on Lawyers and Advocacy.
“As it is known, a person with higher legal education, at least three years of work experience in the field of law or at least three years of experience in law in scientific and pedagogical educational institutions consists of a written test and an oral interview to determine professional suitability in the Qualification Commission. A lawyer may be a person who has successfully passed the specialty examination and has successfully completed the compulsory training at the educational-scientific institution of the relevant executive authority. Previously, a lawyer (except for those whose disciplinary practice has been terminated) or a former judge may become a lawyer without passing a written test and undergoing compulsory training, after passing an oral interview. Also, persons with the degree of Doctor of Laws, as well as former judges of the Constitutional Court of the Republic of Azerbaijan, chairmen of courts of appeal and cassation may become lawyers without passing a written test, oral interview and compulsory training.
I think that the approach to several issues in this article should be fundamentally changed. I think that three years’ work experience are a lot of in the field of law. Given the small number of higher education institutions providing legal education in Azerbaijan, as well as the number of lawyers, this period can be reduced to two years at the initial stage. Advocacy is a fairly serious and unique field, and it is a body that plays a decisive role in the realization of the highest goals of the state, defined in Article 12 of our Constitution. In this sense, I support the gradual implementation of any changes in the field of advocacy. At the initial stage, a two-year internship requirement is sufficient, and then we can leave the issue of reducing this period to one year for discussion in the legal community”- B.Mahrramov noted.
He also touched upon the issue of persons with a doctorate in law, as well as former judges of the Constitutional Court of the Republic of Azerbaijan, chairmen of courts of appeal and cassation, who can become lawyers without passing a written test, oral interview and compulsory training. If former chairpersons of appellate courts can become lawyers without going through any of these procedures, judges of the Supreme Court, whose status is higher than that of the appellate court, should also be recognized. It is also possible to consider the issue of recognizing the similar right of former deputies of the Milli Majlis, who are lawyers. At the same time, the issue of exempting persons with a scientific degree from the first stage of the examination of the Board should be considered.
Maharramov said he intends to hold consultations with the Bar Association in this regard, and after studying their views, he will prepare a bill in this regard.
E-huquq.az also studied the views of the chairman of the Azerbaijani Bar Association Anar Bagirov on the issue. The chairman of the board said he considered it advisable to reduce the length of service required for admission to the bar by one year.
“Today there are many people who want to become lawyers. However, the law has certain restrictions in this regard. One of them is related to the experience required to become a lawyer. It should be noted that the number of lawyers in Azerbaijan is still few. In this regard, a one-year internship is advisable”, - he noted.