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LAW OF THE KYRGYZ REPUBLIC

of August 10, 2022 No. 91

About the legal aid guaranteed by the state

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 30, 2022

Chapter 1. General provisions

Article 1. Purpose, subject of regulation and coverage

1. The purpose of this Law is realization of the rights of persons to access to justice, ensuring fair legal proceedings and creation more effective, fair, accountable and based on supremacy of law and protection of fundamental human rights, systems of administration of law.

2. Subject of regulation of this Law are the public relations arising in connection with provision of the legal aid guaranteed by the state.

3. This Law extends to the citizens of the Kyrgyz Republic, foreign citizens, stateless persons and refugees needing receipt of the legal aid guaranteed by the state in cases and according to the procedure, provided by this Law and determines organization-legal, social and economic, financial, information, control and other bases of the legal aid guaranteed by the state, and also establishes legal status and powers of subordinated division of authorized body on coordination and realization of policy in the field of the legal aid guaranteed by the state.

Article 2. The legislation on the legal aid guaranteed by the state

The legislation on the legal aid guaranteed by the state is based on the Constitution of the Kyrgyz Republic, consists of this Law and other regulatory legal acts of the Kyrgyz Republic.

Article 3. The principles of the legal aid guaranteed by the state

The principles of the legal aid guaranteed by the state are:

1) legality;

2) protection of the rights, freedoms and the interests of the physical persons needing the legal aid guaranteed by the state protected by the law;

3) availability and quality of the legal aid guaranteed by the state;

4) confidentiality when rendering the legal aid guaranteed by the state;

5) efficiency of the state control of quality of rendering legal aid and observance of requirements of the legislation and regulations of professional ethics;

6) nondiscrimination;

7) the best ensuring interests of the child.

Article 4. System and types of the legal aid guaranteed by the state

1. System of the legal aid guaranteed by the state - system of the organization of provision and rendering the legal aid by state bodies, Legal profession of the Kyrgyz Republic guaranteed by the state, local government bodies, other organizations and persons according to this Law.

The procedure for their interaction is determined by the Cabinet of Ministers of the Kyrgyz Republic.

2. The legal aid guaranteed by the state is given in type of consulting and legal and qualified legal aid.

3. Consulting legal assistance - informing on system of law of the Kyrgyz Republic, the rights and obligations of persons of law, methods of realization and use of the rights in judicial and extrajudicial procedure; consultation on legal issues; help in creation of documents of legal nature; assistance in ensuring access of person to qualified legal aid; other forms of the help which are not falling under determination of qualified legal aid.

Citizens of the Kyrgyz Republic, foreign citizens, stateless persons and refugees have the right to consulting legal assistance.

4. Qualified legal aid - professional activity of the lawyer on representation and/or protection of legitimate rights and interests of persons on criminal, civil, administrative cases and on cases on offenses, in the cases established by this Law at all stages of legal proceedings - at the expense of the state.

Article 5. The basic concepts used in this Law

In this Law the following basic concepts are applied:

1) the lawyer file - set of the data, documents, objects and other data carriers collected by the lawyer in the course of rendering qualified legal aid;

2) the applicant - person who filed petition for provision of qualified legal aid in the interests or for the benefit of other persons;

3) the coordinator - the authorized person of subordinated division of authorized body providing interaction between the applicant, the receiver and the lawyer for the purpose of provision of qualified legal aid;

4) the paralawyer - the person who is giving consulting legal assistance, not having legal education, having special knowledge of certain sphere;

5) subordinated division of authorized body - the specialized agency created by the Cabinet of Ministers of the Kyrgyz Republic for coordination of process on provision of the legal aid guaranteed by the state;

6) the receiver - physical person to which the legal aid guaranteed by the state according to the procedure is provided, established by this Law;

7) authorized body - the state body given the Cabinet of Ministers of the Kyrgyz Republic authority on development of state policy in the field of the legal aid guaranteed by the state;

8) the register - the procedural documents confirming participation of the lawyer at stages of criminal, civil or administrative trial in connection with the case charged to it and reports of the lawyer on rendering qualified legal aid on the form approved by the decision of subordinated division of authorized body;

9) legal clinic - structural division of higher educational institution or the legal entity giving legal aid.

Chapter 2. Subjects of system of the legal aid guaranteed by the state

Article 6. Organa, participating in management of system of the legal aid guaranteed by the state

The bodies participating in management of system of the legal aid guaranteed by the state are:

1) authorized body;

2) subordinated division of authorized body and its territorial subdivisions.

Article 7. Subordinated division of authorized body and its territorial subdivisions

For implementation of the assigned functions the subordinated division of authorized body creates the regional and district structural territorial subdivisions headed by coordinators.

Legal status and procedure of activities of subordinated division of authorized body are determined by the Cabinet of Ministers of the Kyrgyz Republic.

Article 8. The state register of lawyers on provision of the legal aid guaranteed by the state

1. The subordinated division of authorized body keeps the State register of lawyers on provision of the legal aid guaranteed by the state (further - the register).

2. The register is constituted in paper and electronic forms and posted on the official site of authorized body and subordinated division of authorized body.

3. For inclusion in the register the lawyer submits the application to subordinated division of authorized body personally or through Legal profession of the Kyrgyz Republic.

4. The procedure and selection criteria of lawyers are developed for rendering qualified legal aid by Legal profession of the Kyrgyz Republic and affirm subordinated division of authorized body.

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