ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of August 31, 2022 No. 733

About approval of Rules of participation of legal consultants in rendering the legal aid guaranteed by the state organized by chambers of legal consultants

According to the subitem 2) of Item 3 of article 16 of the Law of the Republic of Kazakhstan "About the state statistics" and with article 28-1 of the Law of the Republic of Kazakhstan "About lawyer activities and legal aid" I ORDER:

1. Approve the enclosed Rules of participation of legal consultants in rendering the legal aid guaranteed by the state organized by chambers of legal consultants.

2. To provide to department of registration service and rendering legal services in the procedure established by the legislation:

1) state registration of this order;

2) placement of this order on Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

3. To impose control of execution of this order on the supervising vice-Minister of Justice of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of August 31, 2022 No. 733

Rules of participation of legal consultants in rendering the legal aid guaranteed by the state organized by chambers of legal consultants

Chapter 1. General provisions

1. These rules of participation of legal consultants in rendering the legal aid guaranteed by the state (further – Rules) are developed according to article 28-1 of the Law of the Republic of Kazakhstan "About lawyer activities and legal aid" (further - the Law) and determine procedure for participation of legal consultants in rendering the legal aid guaranteed by the state organized by chambers of legal consultants.

2. Participation in rendering the legal aid by legal consultants guaranteed by the state will be organized by chambers of legal consultants of areas, cities of republican value, the capital.

3. In the absence of chamber of legal consultants in the territory of administrative and territorial unit rendering the legal aid guaranteed by the state will be organized by chambers of legal consultants, being legal successors of chambers of legal consultants according to the procedure, determined by Article 46 of the Civil code of the Republic of Kazakhstan which performed activities in the territory of the corresponding administrative and territorial unit earlier.

4. Part in rendering the legal aid guaranteed by the state is taken by legal consultants, data on whom are reflected in the register of chambers of legal consultants placed on Internet resource of authorized body, signed the agreement on rendering the legal aid guaranteed by the state.

5. Within rendering the legal aid guaranteed by the state legal consultants perform:

1) legal consultation;

2) protection and representation of interests of physical persons in courts, other state bodies and the non-state organizations;

3) holding conciliatory procedures.

Chapter 2. Procedure for participation of legal consultants in rendering the legal aid guaranteed by the state organized by chambers of legal consultants

6. The chamber of legal consultants of area, cities of republican value, capital annually no later than December first sends the list of the legal consultants participating in system of rendering the legal aid guaranteed by the state to territorial authority of justice.

7. In the list surname, the name, middle name (in the presence) the legal consultant, register number and date of the accession to chamber of legal consultants, form of the organization of activities of the legal consultant, the name of chamber and the place of implementation of activities of the legal consultant are entered.

8. The list of legal consultants is quarterly updated by chambers of legal consultants and supported in urgent condition.

9. Chambers of legal consultants monthly, no later than the 25th, create duty roster of legal consultants.

10. In areas, the cities of republican value, the capital where perform activities more than one chamber of legal consultants, the schedule is created by territorial departments of justice.

In areas, the cities of republican value, the capital where perform activities more than one chamber of legal consultants, monthly, no later than the 20th, chambers of legal consultants send to territorial departments of justice the list of legal consultants for inclusion in the schedule, and territorial departments of justice monthly, no later than the 25th, bring the schedule into the relevant courts.

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