ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 8, 2012 No. 54

About approval of the Regulations on procedure for passing of training by trainees of lawyers

According to Item 7 of article 8 of the Law of the Republic of Kazakhstan "About lawyer activities", I ORDER:

1. Approve the enclosed Regulations on procedure for passing of training as trainees of lawyers.

2. To impose control of execution of this order on Committee of registration service and rendering the Ministry of Justice of the Republic of Kazakhstan to legal assistance.

3. 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 February 8, 2012 No. 54

Regulations on procedure for passing of training by trainees of lawyers

1. The regulations on procedure for passing of training by trainees of lawyers (further - the Provision) determine conditions and procedure for passing of training by the trainee of the lawyer.

2. The purpose of passing of training is acquisition of professional knowledge and practical skills of lawyer activities.

The person which is meeting the requirements, stipulated in Item 2 articles 7 of the Law of the Republic of Kazakhstan "About lawyer activities", and who showed willingness to pass training files in presidium of Bar petition in any form of the admission to passing of training with appendix of the following documents:

1) copy of the identity document of the citizen of the Republic of Kazakhstan;

2) the copy of the diploma about the higher legal education (notarially attested copy in case of non-presentation for reconciliation of the original of the diploma);

3) the copy of the service record or other document confirming length of service on legal specialty;

4) the medical certificates from psychiatric and narcological dispensaries issued at the place of residence;

5) the certificate of lack of criminal record issued at the place of residence.

3. By results of consideration of the application the presidium of Bar within five working days accepts one of the following decisions:

1) about the admission to passing of training;

2) about refusal in the admission to passing of training.

4. In the admission to training refuses if person does not conform to requirements, stipulated in Item 2 articles 7 of the Law of the Republic of Kazakhstan "About lawyer activities" or the incomplete document package is provided.

The refusal in the admission because of set of large number of trainees of lawyers is not allowed to passing of training.

5. The training is performed under the leadership of the lawyer having lawyer years of service at least five years.

The head of training is appointed by presidium of Bar.

No more than two trainees can pass training at the same lawyer at the same time.

Data on trainees of lawyers and heads of training are brought in legal profession Unified information system.

6. Duration of training constitutes from six months to one year.

The term of passing of training is established by presidium of Bar by results of interview with person who showed willingness to pass training.

In case of determination of term of passing of training length of service on legal specialty is considered.

In the absence of years of service on legal specialty the term of training cannot be less than one year.

The work period as the trainee of the lawyer is enlisted in length of service on legal specialty.

7. Person allowed to passing of training signs the contract on passing of training with Bar within five working days from the date of decision making about the admission it to training.

8. The single amount of payment for training is established by presidium of Bar and cannot exceed the tenfold size of the monthly settlement indicator established on the date of performing calculation for every month of training.

9. Passing of training is performed according to the individual program on the basis of the Standard program of passing of training, according to appendix 1 to this Provision.

The program of passing of training shall contain list of the actions directed to acquisition by the trainee of the lawyer of theoretical knowledge and practical skills of rendering qualified legal legal assistance on criminal, civil and administrative cases.

During the training the trainee of the lawyer keeps the diary of training in form according to appendix 2 to this Provision.

10. Upon termination of training the trainee of the lawyer the closing statement which shall contain prepares: general information about the place, terms and procedure for passing of training; the characteristic of the performed works on the individual plan of training; information on the acquired theoretical knowledge and practical skills.

The drafts of procedural documents constituted by the trainee of the lawyer and signed by the head of training are attached to the report.

11. The lawyer's trainee during passing of training:

1) attends the practical training and seminars organized by Bar;

2) participates in work of bodies of Bar;

3) uses the legal bases of data which are available in Bar, special literature;

4) is engaged in systematization of normative material, generalization of law-enforcement practice, collection of the documents and other materials necessary for the head of training for execution of orders;

5) together with the head of training takes part in judicial sessions, investigative actions, prepares drafts of legal documents;

6) makes other actions which are not prohibited by the legislation.

12. Requirements of the current legislation for observance of regulations of professional behavior of lawyers and preserving lawyer secret extend to trainees of lawyers.

Trainees of lawyers cannot independently be engaged in lawyer activities.

13. To the trainee who successfully completed training, the presidium of Bar issues the conclusion about successful completion of training in form according to appendix 3 to this Provision.

The decision on refusal in approval of the conclusion about passing of training shall be motivated and can be appealed judicially.

Data on results of training are brought in legal profession Unified information system.

Person which did not pass training is allowed to training in accordance with general practice again.

Appendix 1

to Regulations on procedure for passing of training by trainees of lawyers

Standard program of passing of training by trainees of lawyers

1. Theoretical part

The list of the questions which are subject to studying by trainees of lawyers during passing of training:

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