Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 5, 2018 No. 176-VI ZRK

About lawyer activities and legal aid

(as amended on 09-06-2021)

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 the legislation 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.

Article 7. Respect and protection of the rights and freedoms of the client

Legal aid is given for the purpose of protection and assistance in realization of the rights, freedoms and legitimate interests of physical persons, and also the rights and legitimate interests of legal entities.

When rendering legal aid the actions degrading honor or belittling advantage of the client, encroaching on immunity of his private life, breaking its personal and family mystery, the mystery of personal deposits and savings, correspondence, telephone negotiations, post, cable and other messages are prohibited.

Article 8. Provision of legal aid for the benefit of the client

Person giving legal aid shall carry out properly the professional obligations, taking necessary measures for prevention of harm to interests of the client.

When rendering legal aid person giving legal aid shall explain to the client possible results and effects of legal aid, including nature and the size of finance costs.

The choice of measures of rendering legal aid shall proceed from interests of the client.

Person giving legal aid in case of accomplishment of professional obligations shall take measures for prevention of conflict of interest.

Article 9. Preserving professional secrecy

The professional secrecy cannot be revealed without the consent of the client.

When rendering legal aid measures for preserving professional secrecy are taken if other is not provided by the laws of the Republic of Kazakhstan. The obligation of preserving professional secrecy is not limited in time.

Provision of data and information in authorized body on financial monitoring according to the Law of the Republic of Kazakhstan "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" is not disclosure of professional secrecy.

Article 10. Observance of regulations of professional and ethical behavior

Legal aid is given with respect for high professional and ethical standards. Forming of these regulations is performed by persons giving legal aid on the basis of the commonly accepted standards of behavior, morality and standards of rendering legal aid.

Article 11. Freedom of determination of limits and measures of rendering legal aid

Limits and measures of rendering legal aid are determined by discretion of person giving legal aid and limited if it is provided by the laws of the Republic of Kazakhstan.

Article 12. Observance of standards of rendering legal aid

Standards of rendering legal aid are provided by implementation of the best the practician of quality of rendering legal aid on the basis of the legislation of the Republic of Kazakhstan.

For the purpose of quality assurance of legal aid the persons having the corresponding professional training and periodically improving the skills are allowed to its implementation.

Article 13. Respect for court, rules of practice and colleagues by profession

Persons giving legal aid shall concern the colleagues by profession in the spirit of respect, justice and cooperation.

Rendering legal aid shall be based on respect for court and rules of practice.

Article 14. Availability of legal aid

Everyone has the right to legal aid.

In the cases provided by this Law and other laws of the Republic of Kazakhstan, legal aid is given free of charge.

Article 15. Types of legal aid

Legal aid is given in type:

1) legal informing;

2) legal consultation;

3) protection and representations of interests of physical persons and legal entities in courts, criminal prosecution authorities, other state bodies and the non-state organizations in the cases and procedure established by this Law and other laws of the Republic of Kazakhstan;

4) making of other legal actions for protection of legitimate interests of the client in interaction with any persons who are participants of the operating or possible legal relationship with the client.

Legal informing, legal consultation, protection and representation by lawyers of interests of physical persons are the minimum social standards in the field of rendering the legal aid guaranteed by the state according to the Law of the Republic of Kazakhstan "About the minimum social standards and their guarantees".

Article 16. Forms of legal aid

Forms of legal aid are:

1) the legal aid given on paid basis;

2) the legal aid guaranteed by the state;

3) complex public legal aid.

Article 17. Rendering legal aid on paid basis

Legal aid on paid basis the legal aid given to physical persons and legal entities for a fee based on the written agreement about rendering legal aid is recognized if other is not established by this Law and the laws of the Republic of Kazakhstan.

Article 18. The legal aid guaranteed by the state

The legal aid given to the physical persons and legal entities having the right to its obtaining on the basis and according to the procedure, provided by this Law and other laws of the Republic of Kazakhstan, on free basis, is recognized the legal aid guaranteed by the state.

Article 19. Complex public legal aid

1. Complex public legal aid is rendering according to the agreement of free legal aid to persons specified in Item 2 of this Article consisting in the legal support of the client from the moment of its request for legal aid before acceptance according to the procedure provided by the laws of the Republic of Kazakhstan, the final legal decision on case (permission of legal situation).

The amount and procedure for rendering complex public legal aid are established by chambers of legal consultants, Republican Bar. Data on amount and procedure for rendering complex public legal aid go to authorized body.

Rendering complex public legal aid is one of forms of realization of social responsibility and is performed voluntarily.

2. The complex public legal aid can be given:

1) to persons which are in difficult life situation according to the Law of the Republic of Kazakhstan "About special social services";

2) to persons having the right to the address public assistance;

3) to the participants of the Great Patriotic War and persons equated on privileges to participants of the Great Patriotic War;

To 3-1) combat veterans in the territory of other states;

4) to disabled people of the first and second group;

5) to retirement pensioners;

6) aged and to the disabled people living in medico-social organizations (organizations) for aged and disabled people of general type;

7) it is excluded.

The complex public legal aid is not given on the disputes connected with business activity within civil legal proceedings.

3. Introduction of the significant contribution to rendering complex public legal aid is stimulated with the state according to the procedure, approved by the Government of the Republic of Kazakhstan.

Article 20. Persons giving legal aid

Legal aid within the competence is given:

1) state bodies;

2) lawyers, notaries, private bailiffs, legal consultants;

3) the physical persons which are giving legal aid and not consisting in non-profit organizations of the faces giving legal aid, based on obligatory membership in chambers of legal consultants.

Article 21. State policy in the field of rendering legal aid

1. State policy in the field of rendering legal aid is provided with set of the organization-legal, social and economic, technical, information, accreditation, licensed and control and other measures performed for the purpose of realization of guarantee of the rights of physical persons and legal entities to receipt of legal aid.

2. The main directions of state policy in the field of rendering legal aid are determined by the President of the Republic of Kazakhstan.

3. Bases, procedure and conditions of activities of the state legal profession in the Republic of Kazakhstan can be established by the law.

Article 22. Competence of the Government of the Republic of Kazakhstan

Government of the Republic of Kazakhstan:

1) develops the main directions of state policy in the field of rendering legal aid;

2) establishes the amount of payment of the legal aid guaranteed by the state given by the lawyer and the expense recoveries connected with legal consultation, protection and representation, and also holding conciliatory procedures;

3) performs other functions assigned to it by the Constitution of the Republic of Kazakhstan, this Law, other laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.

Article 23. Competence of authorized body

Authorized body

1) provides realization of state policy in the field of rendering legal aid;

2) is coordinated by activities of persons giving the legal aid guaranteed by the state;

3) develops projects of regulatory legal acts concerning rendering legal aid;

4) is carried out by monitoring of the legislation of the Republic of Kazakhstan on lawyer activities and legal aid, completeness of amount and quality of rendering legal aid;

5) is performed by international cooperation in the field of rendering legal aid;

6) approves standards of rendering legal aid;

7) approves criteria of quality of rendering legal aid;

8) develops and approves criteria of quality of rendering the legal aid guaranteed by the state;

9) is administrator of budget programs for all types of the legal aid guaranteed by the state;

10) is provided by functioning and development of system of the legal aid guaranteed by the state;

11) publication at least once a year in the periodic printing editions distributed in all territory of the Republic of Kazakhstan and placement on the Internet resource provides information on system and on the main results of rendering the legal aid guaranteed by the state;

Develops 12) and approves accounting treatment for the legal aid guaranteed by the state in the form of legal consultation given by the lawyer;

13) approves rules of payment of the legal aid guaranteed by the state given by the lawyer and the expense recoveries connected with legal consultation, protection and representation, and also holding conciliatory procedures;

14) exercises control of quality of given legal aid guaranteed by the state;

15) exercises control of activities of chambers of legal consultants;

16) is provided by legal informing the population on persons giving legal aid, mechanisms on the bases and conditions of rendering legal aid;

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