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CHARTER OF THE LAWYERS’ TRAINING CENTER UNDER THE MINISTRY OF JUSTICE OF THE REPUBLIC OF UZBEKISTAN


Chapter 1. General provisions

1. This Charter defines the functioning, purpose, objectives and main areas of activity of the Lawyers’ Training Center under the Ministry of Justice of the Republic of Uzbekistan (hereinafter referred to as the Center), its rights and obligations, the financing procedure and the organization of  educational process.

2. The Center is a state educational institution that provides training and retraining of personnel of law enforcement and advocate bodies, as well as law enforcement officers (lawyers) of other state bodies and organizations, regardless of their legal form.

3. The Center carries out its activities in accordance with the Constitution and laws of the Republic of Uzbekistan, decisions of the chambers of the Oliy Majlis of the Republic of Uzbekistan, decrees, resolutions, orders of the President of the Republic of Uzbekistan, decrees and orders of the Cabinet of Ministers.

4. The Center is an independent unit of the Ministry of Justice of the Republic of Uzbekistan, has a status of a legal person, its own balance sheet, accounts opened in the Treasury of the Ministry of Finance of the Republic of Uzbekistan, a seal with the image of the State Emblem of the Republic of Uzbekistan.

5. The Center is directly subordinate to the Ministry of Justice of the Republic of Uzbekistan. The Ministry of Justice of the Republic of Uzbekistan manages the activities of the Center.

6. The official name of the Center:

in the state language – Ўзбекистон Республикаси Адлия вазирлиги қошидаги Юристлар малакасини ошириш маркази;

in English - The Lawyers’ Training Center under the Ministry of Justice of the Republic of Uzbekistan;

in Russian - Центр повышения квалификации юристов при Министерстве юстиции Республики Узбекистан.

7. The Center’s location (mailing address): Tashkent, Katta Darkhon st., 6.

 Chapter 2. Principal objectives, tasks and activities of the Center

 8. The principal objective of the Center is retraining and advanced training of law enforcement officers, advocates as well as legal servants (legal counsels) of legal entities and other organizations, regardless of their legal form.

9. The principal tasks of the Center are:

to brief trainees on newly adopted laws, the latest amendments and supplements made to the existing laws, modern requirements of law enforcement practice in the activities of the judicial, law enforcement agencies, and state authorities and administration, democratization processes in the field of state and society building;

liaise with experienced scientists, practitioners and law specialists from leading educational, research institutions, state institutions and public organizations of the republic as well as international organizations and leading educational and scientific institutions to organize and carry out educational, scientific and methodological work, including engagement on a contractual basis.

10. The principal activities of the Center are:

democratization of state and society building, retraining and advanced training of lawyers, advocates, legal counsels and other specialists in different areas and in the light of modern requirements of the judicial system and socio-economic reforms;

organization of contract-based trainings to improve the legal knowledge of other specialists;

research in the field of law;

elaboration and submission of recommendations for improving the state personnel policy;

cooperation with foreign international organizations and educational institutions on retraining and advanced training of legal personnel.

  Chapter 3. The rights of the Center

11. The Center has the following rights:

to independently determine the terms of teaching and research activities of the teaching staff of the Center as well as their workload subject to agreement with the Ministry of Justice of the Republic of Uzbekistan;

to engage with lecturers and practitioners (experts) in the work of the Center on a contractual basis (also on an hourly basis);

to make enquiries to the relevant ministries, departments and other organizations for statistical information and necessary materials;

the organize educational and methodological work on retraining and advanced training of legal personnel in the prescribed manner and to develop proposals for their improvement;

to conclude agreements with foreign universities with the aim of cooperation in the development of educational, methodological, scientific, practical and cultural relations and exchange of experience;

to procure necessary equipment and supplies through budgetary and own funds;

to carry out publishing activity in the prescribed manner, the democratization of public and social construction, the publication of periodic, scientific, theoretical and practical publications on topical issues of the judicial system and socio-economic reforms;

to engage with highly qualified legal scholars, experienced practitioners and foreign specialists in the educational process and educational and methodological activities on a contractual basis (also on an hourly basis);

to publish syllabus, textbooks, teaching manuals, scientific articles;

to independently develop and approve syllabus, designate the teaching staff subject to agreement with the Ministry of Justice of the Republic of Uzbekistan and other interested organizations;

to set up the Fund for Modernization and New Technologies for the development of its activities, the Social development fund, The Financial incentive fund, and the Currency appropriation fund. These funds cannot be withdrawn; they are collected for future use;

to organize and participate in international conferences, symposia, seminars and lectures.

The Center may also have other statutory rights.

  Chapter 4. The structure and governing bodies of the Center

 12. The following form an integral part of the Center:

Faculties;

Departments;

Accounting department;

Information Resource Center;

Senior human resources manager.

The director of the Center may, if necessary, subject to agreement with the Ministry of Justice of the Republic of Uzbekistan, make changes in the structure of the Center within the framework of the general limited number of administrative staff and the Payroll fund, as well as introduce additional staff from the Center’s funds.

13. The director is the head of the Center.

The director of the Center has two deputies, including the first deputy director for educational, methodological and scientific affairs and the deputy director for financial and economic affairs.

14. The director of the Center and his deputies are appointed and dismissed by the Minister of Justice of the Republic of Uzbekistan in the prescribed manner.

15. The director of the Center, within the limits of his authority, issues orders in accordance with laws and ensures their implementation.

In accordance with legislation and the present Charter, the director:

acts on behalf of the Center, asserting its rights in all organizations;

allocates duties between deputy directors in accordance with the structure of the Center;

submits, in accordance with the established procedure, an estimate of expenses and staffing schedule to the Ministry of Justice for budgetary appropriations and funds allocated from the Development Fund of extra-budgetary bodies and institutions (except for paid services for the Development Fund);

hires and fires employees;

hires specialists on a contractual basis through extra-budgetary resources of the Center with the aim of effective functioning of the Center;

distributes wages and incentive payments among employees of the Center;

administers property and resources of the Center in the prescribed manner;

concludes contracts, issues mandates, opens accounts in the treasury of the Ministry of Finance of the Republic of Uzbekistan;

sets up the Fund for Modernization and New Technologies and the Foreign Exchange Payments Fund in the prescribed manner;

determines monthly allowances for highly qualified professors, researchers and other employees from extra-budgetary funds of the Ministry of Justice of the Republic of Uzbekistan and the Center in the amount of two hundred percent;

awards employees of the Center as well as imposes disciplinary measures, if necessary;

adopts the internal code of labour conduct as well as the conditions for additional leave in accordance with legislation and subject to agreement with the Ministry of Justice of the Republic of Uzbekistan;

in case of long-term unjustified non-attendance or violations of internal code of labour conduct, excludes the trainees from the list of trainees and sends the information to the place of work;

represents the Center at scientific meetings, conferences, symposia, seminars and lectures;

supervises the activities of the Academic Council of the Center;

considers potential researchers for joining the Center;

exercises other powers in accordance with legislation.

16. First Deputy Director of the Center for Educational, Methodological and Scientific Affairs:

supervises the activities of the departments of the Center, the Department for the introduction of modern information technologies and organization of distance training, Department for science, innovation and development of educational programs, the Department for organization and control of the educational process

directly manages the organization of the educational process;

supervises preparation of draft teaching plans;

oversees the development of syllabus, programs and schedules;

supervises research activities conducted by the lecturers and researchers of the Center;

develops a work plan for the Academic Council of the Center and submits it to the Academic Council for approval;

drafts reports of the Center on educational, methodical and scientific matters;

exercises other powers on behalf of the director.

17. Deputy Director of the Center for Financial and Economic Affairs:

manages the activities of the Accounting department, Information Resource Center, Administrative and supply department, Department for portfolio building and marketing as well as the Editorial and publishing department;

organizes economic activity;

ensures smooth operation of essential equipment and facilities of the Center;

organizes and ensures proper management of the premises of the Center, the necessary reparations and turnaround maintenance of the premises;

ensures compliance with the Center’s obligations under economic agreements, organizes banking operations for economic activities;

prepares reports of the Center on financial and economic matters;

exercises other powers on behalf of the director.

18. Faculties, departments and other structural divisions of the Center function on the basis of the orders approved by the director.

19. To address the most important issues related to the activities of the Center, the Academic Council shall be set up consisting of the director, deputy directors, heads of the faculties, chairman of the labour union, leading scientists and specialists.

20. The Academic Council acts on the basis of the Regulation on the Academic Council, approved by the director of the Center. The work of the Academic Council is organized in accordance with the annual work plan.

Academic Council:

handles issues of deepening socio-political reforms and judicial reforms in the country, as well as retraining and advanced training of legal specialists based on modern technologies;

discusses the results of research and draws conclusions on behalf of the Center;

approves the topics of the researchers of the Center, assigns them to the departments;

manages competition to fill the vacancies of heads of the departments and lecturers;

nominates professors for academic degrees;

issues an honorary doctorate in the prescribed manner;

revises established syllabus;

reviews the reports of the Center and of the heads of its structural units.

  Chapter 5. Financing of the Center

 21. The Center is financed from the following sources:

Funds from the state budget of the Republic of Uzbekistan;

Fund for the Development of Extra-budgetary Justice Bodies and Institutions;

contractual education;

targeted financing of scientific programs included in the list of state scientific and technical programs, on the basis of competition as per order of state authorities and administration;

sponsorship donations of legal entities and individuals;

other sources not prohibited by legislation.

22. The director, deputy directors and the faculty members of the Center are paid salaries as per rate established for higher educational institutions, the applicable rates established for employees of the Central Office of the Ministry of Justice apply to other employees of the Center.

23. The employees of the Center should be familiarized with the career level for employees of the judicial bodies and institutions established by legislation.

24. The employees of the Center retain a class rank assigned at their former workplace.

The period of work at the Center is included in the length of service required to obtain the rank.

  Chapter 6. Organization of educational process

25. The Center functions in accordance with the legislation of the Republic of Uzbekistan, taking account of aspects of modernization of state and public life, improvement of the judicial system, modern requirements driven by political, social, economic and legal reforms, as well as taking into account international standards and best practices of developed countries. Retraining and advanced training of lawyers are conducted in accordance with state requirements.

26. Training programs of the Center are developed on the basis of state requirements for retraining and advanced training of legal personnel.

27. Retraining and advanced training of trainees in the Center are carried out on the basis of full-time studies, work being suspended.

If an appropriate informational, methodological, organizational and technical base is available, special retraining and advanced training courses shall be organized for trainees by way of distance learning methods.

Training, as a rule, is carried out by the Center according to a 72-hour training program with a two-week break in work.

28. The trainees referred to the Center for training are grouped in accordance with their specialties, the dates and periods of training are determined in accordance with the distribution plans prepared by the Center and approved by relevant units of  the Ministry of Justice of the Republic of Uzbekistan and the Chamber of Advocates. The referral of trainees to the Center is carried out by the relevant organizations in accordance with the distribution plans.

29. Training at the Center can last up to one month on continuing education courses.

The duration of training on a fee paid basis is determined by the contract concluded between the organization and the Center.

30. The retraining of trainees is assessed on the basis of an exam, and advanced training - based on an interview.

To organize and conduct an exam or an interview, an exam committee is formed by order of the director of the Lawyers’ Training Center. The commission, as a rule, consists of a chairman and at least two members.

By agreement, the examination committee may also include representatives of Central Office of the Ministry of Justice, the Chamber of Advocates, higher educational institutions and other law enforcement agencies.

The final exam (interview) with trainees is related to topics covered by their professional activities and the training program. The results of the exam (interview) are evaluated in the exam report as “verified” or “not verified” and signed by the chairman and the members of the commission.

Trainees who have fulfilled all the requirements imposed by the Lawyers’ Training Center and successfully passed exams (interviews), shall receive a standard certificate.

The trainees shall not be awarded the certificate, if he does not pass the exam. In this case, the trainee shall be awarded a certificate of attendance.

31. During the training period, the average salary of trainees at the main workplace is maintained. The costs of one-time business trips for trainees from other regions of the republic are covered in the manner established by sending organizations.

32. The costs of retraining and advanced training of employees of justice bodies at the Center are covered by funds from the state budget.

Training of legal servants (legal counsels), lawyers and other categories of trainees is paid in the amount of ten times the minimum monthly wage for each person.

   Chapter 7. International relations of the Center

33. The Center engages in international cooperation in the field of training and retraining of lawyers, concludes agreements with foreign partners, exchanges scientific information on a reciprocal basis with relevant international organizations, and conducts international relations as prescribed by legislation.

The Center can independently organize part of the educational process for trainees as well as continuing education and training for faculty members in foreign leading scientific and educational centers, institutions and international organizations.

34. The training and retraining of foreign citizens at the Center, the organization of scientific and research work of the faculty members and trainees of the Center in foreign countries are carried out on the basis of international treaties and agreements between government bodies.

 Chapter 8. Final provisions

 35. Reorganization and termination of the Center’s operation are carried out in accordance with the statutory procedure.