of December 5, 1997 No. 195-I
About lawyer activities
1. The legal profession is designed to promote in the Republic of Kazakhstan to realization of the human right guaranteed by the state and affirmed by the Constitution of the Republic of Kazakhstan on judicial protection of the rights, freedoms and receipt of qualified legal aid, and also to promote peaceful settlement of dispute.
2. The legal profession will organize activities of lawyers for protection for criminal cases, cases on administrative offenses, and also representation for criminal and civil cases and cases on administrative offenses, and also for rendering other types of legal aid for the purpose of protection and assistance in realization of the rights, freedoms and legitimate interests of citizens, and also the rights and legitimate interests of legal entities.
The legal aid given by lawyers within the lawyer activities performed by them is not business activity.
3. Lawyer activities is the qualified 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 also the rights and legitimate interests of legal entities.
1. The legislation of the Republic of Kazakhstan on lawyer activities 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.
2. 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.
3. Procedural law and obligations of lawyers when implementing of protection and representation by them for physical persons and legal entities are established by the laws of the Republic of Kazakhstan.
The organization and activities of legal profession are based on the principles:
1) independence of lawyers when implementing the activities;
2) implementation of lawyer activities by the methods and means which are not prohibited by the legislation;
3) inadmissibility of intervention in activities of lawyers from prosecutor's office, courts, bodies of inquiry and pretrial investigation, other state bodies, other organizations and officials, except as specified, who are directly provided by legal acts;
4) observance of regulations of professional carrying out and preserving lawyer secret.
1. Lawyers, giving legal aid:
Consultations and references according to legal issues as in oral, and in writing give 1);
2) is constituted by statements, claims, petitions and other documents of legal nature;
3) participate as the principal's representative in civil legal proceedings;
4) participate in quality of the defender or principal's representative in criminal and administrative trial;
5) participate in quality of the representative of the principal to carrying out mediation, in trial of cases in arbitration and other bodies of the dispute resolution;
6) represent the interests of the principal in state bodies, public associations and other organizations;
7) represent the interests of the principal in state bodies, courts and law enforcement agencies of foreign states, the international judicial authorities, non-state bodies of foreign states if other is not established by the legislation of foreign states, statutory documents of the international judicial authorities and other international organizations or international treaties of the Republic of Kazakhstan;
8) participate as the principal's representative in enforcement proceeding, and also in case of execution of criminal penalty;
9) carry out conciliatory procedures.
2. Lawyers give other legal aid which is not prohibited by the legislation.
3. Person who asked for the help is free in the choice of the lawyer, except as specified, when the lawyer is appointed to it for rendering legal aid free of charge (article 6 of this Law), and also as the defender on criminal cases on which its participation is obligatory if the client did not choose or could not choose to himself the lawyer.
4. Professional protection on criminal cases is performed only by lawyers.
1. The amount of payment of the legal aid given by lawyers, and the expense recoveries connected with protection and representation, and also holding conciliatory procedures is established by the written agreement of the lawyer with person who asked for the help.
The conclusion of the agreement is performed according to the procedure, established by the civil legislation of the Republic of Kazakhstan.
One copy of the agreement is handed to person with whom the agreement on rendering legal aid is signed.
Essential terms of the contract are:
1) specifying of surname, name and middle name (in case of its availability) the lawyer who accepted execution of the order as the defender or the representative;
2) specifying of form of the organization of lawyer activities and Bar which member he is;
3) subject of the order;
4) the size and payment procedure of given legal aid and expense recovery of the lawyer connected with protection and representation, and also holding conciliatory procedures;
5) procedure and conditions of agreement cancelation.
The agreements putting the amount of payment of the legal aid given by lawyers in dependence on the outcome of the case or success of lawyer activities, or agreements under which the lawyer receives part from the awarded amount are not allowed, except for agreements on cases on receivership proceeding on which the physical, non-state legal entities performing business activity act as the parties.
Receipt of cash by the lawyer in payment for legal aid including oral legal advice bureaus, and the expenses connected with execution of the order without issue of the relevant financial record are not allowed.
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