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The document ceased to be valid since  July 22, 2018 according to article 98 of the Law of the Republic of Kazakhstan of July 5, 2018 No. 176-VI ZRK

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 3, 2013 No. 122-V ZRK

About the legal aid guaranteed by the state

(as amended on 29-10-2015)

This Law governs the public relations arising in the field of rendering the legal aid guaranteed by the state and determines legal mechanisms of realization of the rights and obligations of physical persons and legal entities when rendering the legal aid guaranteed by the state to them.

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) legal informing - type of the legal aid guaranteed by the state given to uncertain group of people, by provision of information on questions of the legislation of the Republic of Kazakhstan in oral, written forms, in electronic form, certified by the digital signature, or in the form of visual acquaintance;

2) legal consultation - type of the legal aid guaranteed by the state given to the physical persons and legal entities having the right to its obtaining in the form of the oral and written consultations including concerning question of creation of statements, claims, petitions and other documents of legal nature;

3) the legal aid guaranteed by the state - the legal aid given to the physical persons and legal entities having the right to its obtaining on the basis and according to the procedure, provided by this Law and other laws of the Republic of Kazakhstan, on free basis;

4) subjects of rendering the legal aid guaranteed by the state - the physical and (or) legal entities giving the legal aid guaranteed by the state;

5) system of rendering the legal aid guaranteed by the state - the legal basis and mechanisms of realization of the right to legal aid guaranteed by the state established by the legislation of the Republic of Kazakhstan;

6) authorized state body in the field of rendering the legal aid guaranteed by the state (further - authorized body) - the central executive body performing management in the field of rendering legal assistance and legal services to the population.

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

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

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which contain in this Law are applied rules of the international treaty.

Article 3. Coverage of this Law

Operation of this Law extends on physical persons and legal entity.

Article 4. The basic principles of rendering the legal aid guaranteed by the state

Rendering the legal aid guaranteed by the state is based on the principles:

1) legality;

2) priority of the rights, freedoms and legitimate interests of the physical persons and legal entities needing the free legal aid guaranteed by the state;

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

4) ensuring confidentiality of question on which the legal aid guaranteed by the state is given;

5) effective state regulation and control of observance by persons giving the legal aid guaranteed by the state, qualities of rendering the legal aid guaranteed by the state.

Article 5. State policy in the field of rendering the legal aid guaranteed by the state

1. State policy in the field of rendering the legal aid guaranteed by the state is provided with set of the organization-legal, social and economic, technical, information, accreditation, licensed and control and other measures performed for the purpose of realization of guarantee of the rights of physical persons and legal entities to receipt of the free legal aid guaranteed by the state.

2. The main directions of state policy in the field of rendering the legal aid guaranteed by the state are determined by the President of the Republic of Kazakhstan.

3. In the Republic of Kazakhstan the state legal profession, basis which procedure and conditions of activities are established by the law can be entered.

Article 6. Types of the legal aid guaranteed by the state

The legal aid guaranteed by the state is given in type:

1) legal informing;

2) legal consultation;

3) protection and representations of interests of physical persons in courts, criminal prosecution authorities, other state bodies and the non-state organizations in the cases and procedure established by this Law and other legal acts of the Republic of Kazakhstan;

4) acceptance of enforcement powers on execution of executive documents by private legal executives on the collection of the alimony and the salary according to the procedure provided by the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives".

Legal informing, legal consultation, protection and representation by lawyers of interests of physical persons are the minimum social standards in the field of rendering the legal aid guaranteed by the state according to the Law of the Republic of Kazakhstan "About the minimum social standards and their guarantees".

Article 7. Subjects of rendering the legal aid guaranteed by the state

The legal aid guaranteed by the state is given:

1) state bodies within the competence;

2) lawyers in the cases and procedure established by this Law, the Law of the Republic of Kazakhstan "About lawyer activities" and other legal acts of the Republic of Kazakhstan;

3) notaries in the cases and procedure established by the Law of the Republic of Kazakhstan "About notariate";

4) private legal executives in the cases and procedure established by the Law of the Republic of Kazakhstan "About enforcement proceeding and the status of legal executives".

Article 8. Persons having the right to the legal aid guaranteed by the state

1. Free of charge in the form of legal informing all physical persons and legal entities have the right to the legal aid guaranteed by the state.

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