RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of August 4, 2023 No. 387

About approval of rates of payment of the qualified legal aid given by lawyers and payment procedure of the qualified legal aid given by lawyers within the legal aid guaranteed by the state

For the purpose of implementation of article 29 of the Law of the Kyrgyz Republic "About the legal aid guaranteed by the state", according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve:

1) rates of payment of the qualified legal aid given by lawyers within the legal aid guaranteed by the state according to appendix 1;

2) payment procedure of the qualified legal aid given by lawyers within the legal aid guaranteed by the state according to appendix 2.

2. Determine that:

1) on the civil, administrative and criminal cases which are in production of the lawyers entering the State register of lawyers on provision of the legal aid guaranteed by the state before the termination of stage for which payment is provided payment it is made on the rates and procedure established by the order of the Government of the Kyrgyz Republic "About approval of the Payment procedure of the qualified legal help given by the lawyer and rates of payment of the qualified legal aid given by lawyers within the legal aid guaranteed by the state" of December 19, 2018 No. 593;

2) on civil and administrative cases on which according to the Law of the Kyrgyz Republic "About the legal aid guaranteed by the state" qualified legal aid is not provided before completion of stage and after completion of stage provision of qualified legal aid stops.

3. Recognize invalid, except for the provisions keeping the action in cases and procedure, the stipulated in Item 2 presents of the resolution:

1) the order of the Government of the Kyrgyz Republic "About approval of the Payment procedure of the qualified legal help given by the lawyer and rates of payment of the qualified legal aid given by lawyers within the legal aid guaranteed by the state" of December 19, 2018 No. 593;

2) Item 1 of the order of the Government of the Kyrgyz Republic "About modification of some decisions of the Government of the Kyrgyz Republic in the field of rendering the legal aid guaranteed by the state" of December 1, 2020 No. 587.

4. To the Ministry of Finance of the Kyrgyz Republic to provide corresponding changes by preparation of the bill of the Kyrgyz Republic "About introduction of amendments to the Law of the Kyrgyz Republic "About the republican budget of the Kyrgyz Republic for 2023 and planning period of 2024-2025", following from this resolution.

5. To the Ministry of Justice of the Kyrgyz Republic:

- bring the decisions into accord with this resolution;

- take other measures following from this resolution.

6. To impose control of execution of this resolution on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

7. This resolution is subject to official publication and becomes effective since October 1, 2023.

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of August 4, 2023 No. 387

Rates of payment of the qualified legal aid given by lawyers within the legal aid guaranteed by the state

1. Payment to lawyers for rendering qualified legal aid to persons having the right to qualified legal aid (further - the receiver), on civil cases within the legal aid guaranteed by the state is performed on the following rates:

1) provision of qualified legal aid on creation of the claim/statement, petition for recovery of term and others (including studying of case papers, the analysis and development of line item on case, creation of requests, conversation with the receiver) - 50 (fifty) settlement indicators;

2) provision of qualified legal aid by consideration of civil case in Trial Court (studying of case papers, the analysis and development of line item on case, conversation with the receiver, creation of procedural documents, participation in judicial sessions) - 100 (hundred) settlement indicators;

3) in case of consideration of civil case in Trial Court more than two months from the date of its receipt in court, for each subsequent participation of the lawyer in judicial session - 20 (twenty) settlement indicators;

4) provision of qualified legal aid in case of review of civil case in appellate instance if the lawyer participated in Trial Court (creation of the claim, the analysis and development of line item on case, conversation with the receiver, creation of procedural documents, participation in judicial sessions) - 50 (fifty) settlement indicators;

5) provision of qualified legal aid in case of review of civil case in appellate instance if the lawyer did not participate in Trial Court (studying of case papers, the analysis and development of line item on case, creation of the claim, conversation with the receiver, creation of procedural documents, participation in judicial sessions) - 100 (hundred) settlement indicators;

6) in case of consideration of civil case in appellate instance more than two months from the date of its receipt in court, for each subsequent participation of the lawyer in judicial session - 20 (twenty) settlement indicators;

7) provision of qualified legal aid in case of review of civil case in cassation instance if the lawyer participated in Trial Court (creation of the claim, the analysis and development of line item on case, conversation with the receiver, creation of procedural documents, participation in judicial sessions) - 50 (fifty) settlement indicators;

8) provision of qualified legal aid in case of review of civil case in cassation instance if the lawyer did not participate in Trial Court (studying of case papers, the analysis and development of line item on case, creation of the claim, conversation with the receiver, creation of procedural documents, participation in judicial sessions) - 100 (hundred) settlement indicators;

9) in case of consideration of the writ of appeal on civil case in cassation instance more than two months from the date of its receipt, for each participation of the lawyer in judicial session - 20 (twenty) settlement indicators;

10) provision of qualified legal aid in case of review of civil case on again opened or new circumstances if the lawyer participated in court of the first, appeal or cassation instances (the analysis and development of line item on case, conversation with the receiver, creation of procedural documents, participation in judicial sessions) - 40 (forty) settlement indicators for each instance;

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