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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 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.

Minister of Justice of the Republic of Kazakhstan

K. Musin

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.

11. The territorial authority of justice annually no later than December fifteenth signs with legal consultants the agreement on rendering the legal aid guaranteed by the state, in form according to appendix 1 to these rules.

12. The territorial authority of justice annually no later than December twenty fifth places the list of the legal consultants participating in system of rendering the legal aid guaranteed by the state on the Internet resource.

The chamber of legal consultants no later than December twenty fifth places on the Internet resource and in unified information system of legal aid the list of the legal consultants participating in system of rendering the legal aid guaranteed by the state.

13. Rendering the legal aid guaranteed by the state in the form of legal consultation is performed by the legal consultant directly at the time of the address of the applicant and/or through unified information system of legal aid in electronic format.

In case of impossibility of rendering legal aid directly after the address of the applicant it shall be rendered in time, not exceeding three working days. The applicant in available form is informed by the legal consultant about day and time of acceptance.

Legal consultation is carried out in the location of the applicant if he owing to serious illness, the first and second groups of disability connected with difficulties in movement, or other circumstances is not able to be to the place of acceptance appointed by the legal consultant.

On the same question person can receive the legal aid guaranteed by the state once.

14. The choice of the legal consultant for rendering qualified legal aid in the form of legal consultation is performed by the applicant.

The choice of the legal consultant for rendering qualified legal aid to destination of courts is performed according to the schedule created by chambers of legal consultants in paper and/or electronic format through unified information system of legal aid.

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