Document from CIS Legislation database © 2003-2018 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 5, 2018 No. 176-VI ZRK

About lawyer activities and legal aid

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) lawyer activities - the legal aid given on professional basis by lawyers according to the procedure, established by this Law, for the purpose of protection and assistance in realization of the rights, freedoms and legitimate interests of physical persons and legal entities;

2) activities of legal consultants - professional activity of legal consultants for rendering legal aid for the purpose of protection of the rights, freedoms and legitimate interests of physical persons and legal entities;

3) legal aid - the activities aimed at providing realization of the right of everyone to receipt of qualified legal aid fixed by Item 3 of article 13 of the Constitution of the Republic of Kazakhstan, including with use of special legal knowledge and skills, according to the procedure, established by this Law and other laws of the Republic of Kazakhstan;

4) participants of legal aid - persons giving legal aid, the clients, other persons involved in rendering legal aid;

5) authorized state body in the field of rendering legal aid (further - authorized body) - the central executive body providing the organization of legal aid, and also control of its quality;

6) the client - the physical person or legal entity (representative) which addressed for receipt of legal aid;

7) legal informing - type of the legal aid given to uncertain group of people by provision of information on questions of the legislation of the Republic of Kazakhstan in oral, written forms, in electronic form or in the form of visual acquaintance;

8) legal consultation - type of the legal aid given to physical persons and legal entities in the form of the oral and written consultations including concerning question of creation of statements, claims, petitions and other documents of legal nature;

9) conflict of interest - contradiction between private interests of person giving legal aid and interests of the client who can lead to non-rendering or low-quality rendering legal aid.

Article 2. Legislation of the Republic of Kazakhstan on lawyer activities and legal aid

1. The legislation of the Republic of Kazakhstan on lawyer activities and legal aid is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan regulating lawyer activities and legal aid.

2. Legal aid is given according to regulations of this Law and taking into account the features established by codes of the Republic of Kazakhstan.

3. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

4. Conditions and procedure for rendering legal aid by individuals are established by the laws of the Republic of Kazakhstan.

Article 3. Principles of rendering legal aid

Rendering legal aid is based on the principles:

1) rule of law;

2) independence of persons giving legal aid;

3) respect and protection of the rights and freedoms of the client;

4) provisions of legal aid for the benefit of the client;

5) preserving professional secrecy;

6) observance of regulations of professional and ethical behavior;

7) freedoms of determination of limits and measures of rendering legal aid;

8) observance of standards of rendering legal aid;

9) respect for court, rules of practice and colleagues by profession;

10) availability of legal aid.

Article 4. Value of the principles of rendering legal aid

1. The principles of rendering legal aid are the fundamental beginnings of rendering legal aid determining its content and providing general terms of realization of the rights and obligations of participants of legal aid.

2. The principles of rendering legal aid are interconnected and form their system. The realization of each of the principles is enabled in interaction with other principles of rendering legal aid.

3. Non-compliance with the principles of rendering legal aid attracts the responsibility established by this Law and other laws of the Republic of Kazakhstan.

Article 5. Rule of law

Legal aid is provided on the basis of equality of all before the law, obligations to observe requirements of the Constitution of the Republic of Kazakhstan, and also this Law and other regulatory legal acts of the Republic of Kazakhstan.

Article 6. Independence of persons giving legal aid

Persons giving legal aid are independent during the implementing of the rights and execution of professional obligations.

Intervention in their activities from prosecutor's office, courts, other state bodies, other organizations and persons, except as specified, which are directly provided by the laws of the Republic of Kazakhstan, inadmissibly.

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