адвокат Асабали Мустафаев
Baku/24.02.18/Turan: The well-known lawyer Asabali Mustafayev considers the presidential decree on the development of the legal profession a positive step, but after that measures should be taken to strengthen the independence of the Bar. "Every step towards the development of the legal profession deserves approval. Improving the working conditions of lawyers, increasing the amount of payment for their work to provide gratuitous assistance to the population can only be welcomed. However, measures in this direction should be continued and most importantly, it is necessary to solve the issue of independent activity of lawyers at the legal level, to exclude interference in their work," Mustafayev said in an interview with Turan.
According to him, the law has the concept of "independence of the lawyer", but the mechanism for ensuring this independence is not disclosed. "The law does not specify what measures of responsibility must be followed to infringe the independence of the lawyer, interfering with his work. The law should have specific norms that protect the lawyer," Mustafayev said.
Also, the law should specify specific cases when a prosecutor, judge, police and other subjects can complain about a lawyer.
"The mechanism for handling complaints should be clarified: on what grounds can they be submitted. These gaps in legislation should be filled. In recent years, mainly judges, prosecutors, investigators, policemen have been the complainants against lawyers," Mustafayev said.
He also considers insufficient threefold increase in the amount of state payment for lawyers for legal aid to the poor. "The amount of payment is increased from 2 to 6 manat (1,2-3,6 dollars) per hour. This should be the first step. In the Netherlands, to provide legal assistance in the hour, the state allocates 110 euros," Mustafayev said.
He considers it important also to provide legal consultations with spacious offices, since there are such legal advisory services in Baku where only 0.5 square meters are allocated for each lawyer. area.
On February 22, Azerbaijani President Ilham Aliyev signed an order "On additional measures in connection with the development of the legal profession in the Republic of Azerbaijan".
The document provides for a number of measures to strengthen the material and technical basis of the Bar. -03B06--
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