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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of December 19, 2018 No. 593

About approval of the Payment procedure of the qualified legal help given by the lawyer and rates of payment of the qualified legal aid given by lawyers within the legal aid guaranteed by the state

For the purpose of implementation of article 27 of the Law of the Kyrgyz Republic "About the legal aid guaranteed by the state", according to articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve:

- Payment procedure of the qualified legal help given by the lawyer within the legal aid guaranteed by the state according to appendix 1;

- Rates of payment of the qualified legal aid given by lawyers within the legal aid guaranteed by the state according to appendix 2.

2. Recognize invalid:

- The order of the Government of the Kyrgyz Republic "About approval of rates of compensation of lawyers on rendering the legal aid guaranteed by the state" of September 23, 2011 No. 594;

- The order of the Government of the Kyrgyz Republic "About modification of the Order of the Government of the Kyrgyz Republic "About approval of rates of compensation of lawyers on rendering the legal aid guaranteed by the state" of September 23, 2011 No. 594" of May 7, 2013 No. 247.

3. To the Ministry of Justice of the Kyrgyz Republic:

- bring the decisions into accord with this Resolution;

- take other measures following from this Resolution.

4. To impose control of execution of this Resolution on department of legal examination of Government office of the Kyrgyz Republic.

5. This Resolution becomes effective after ten days from the date of official publication.

Prime Minister of the Kyrgyz Republic

M. Abylgaziyev

Appendix 1

to the Order of the Government of the Kyrgyz Republic of December 19, 2018 No. 593

Payment procedure of the qualified legal help given by the lawyer within the legal aid guaranteed by the state

Chapter 1. General provisions

1. This Procedure regulates payment procedure to the lawyer for rendering qualified legal aid to persons having the right to qualified legal aid (further - the receiver), within the legal aid guaranteed by the state.

2. Qualified legal aid to receivers appears the lawyers included in the State register of lawyers on rendering qualified legal aid and who signed the contract with the Center for coordination of the legal aid guaranteed by the state under the Ministry of Justice of the Kyrgyz Republic (further - the Center).

Chapter 2. Payment procedure of the qualified legal help given by the lawyer

3. For rendering qualified legal aid to the receiver on criminal, civil or administrative case the coordinator of the Center (further - the coordinator) according to the Law of the Kyrgyz Republic "About the legal aid guaranteed by the state" appoints the lawyer.

The lawyer appointed by the decision of the coordinator upon completion of stage of criminal, civil or administrative trial within five working days creates the register of the services of qualified legal aid rendered by the lawyer (further - the register) and reports the register to delivery-acceptance certificate coordinator together with the report on rendering qualified legal aid according to the form approved by the decision of the Ministry of Justice of the Kyrgyz Republic (further - the report).

The procedure and form of the register are developed together with Council of lawyers and affirm the Ministry of Justice of the Kyrgyz Republic.

4. The coordinator, no later than five working days after obtaining from the lawyer of the register and the report, makes the decision on payment to the lawyer for rendering qualified legal aid to the receiver on criminal, civil or administrative case.

5. The coordinator makes the decision on refusal in payment to the lawyer in cases:

1) if the lawyer gave qualified legal aid to the receiver not based on the decision of the coordinator, and on own initiative;

2) if the lawyer does not submit the register and the report and/or procedural documents confirming its participation at stage of criminal, civil or administrative trial.

6. In cases when the qualified legal aid given by the lawyer on criminal, civil or administrative cases is provided to the receiver not in full for the reasons which are not depending on the lawyer (refusal of the receiver of further rendering qualified legal aid, provision by the receiver of unreliable information for receipt of qualified legal aid, the change of financial position of the receiver excluding the right to qualified legal aid, replacement of the lawyer, disease and/or the death of the lawyer or receiver of qualified legal aid), payment to the lawyer is performed for the stage of legal aid which is actually worked the lawyer.

7. One copy of the decision of the coordinator on payment or refusal in payment to the lawyer is hemmed to the register of the corresponding case, the second copy goes to the lawyer, in day of its removal.

8. Payment to the lawyer for rendering qualified legal aid to the receiver is made by the Center at the expense of means of the republican budget.

9. The center makes payment to the lawyer on the settlement account of the lawyer, no later than ten working days after decision about payment in time.

Income tax withholding and contributions to Social fund of the Kyrgyz Republic are made according to the procedure, established by the tax legislation and the legislation in the field of regulation of rates of insurance premiums on the national social insurance.

10. The lawyer's expenses connected with business trip are compensated at the expense of means of the republican budget according to the Order of the Government of the Kyrgyz Republic "About setting standards of traveling expenses and procedure for their compensation" of August 26, 2008 No. 471.

11. The decision on payment of the expenses of the lawyer connected with business trip is accepted by the coordinator within three working days after delivery by the lawyer of supporting documents.

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