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ORDER OF THE MINISTER OF JUSTICE OF THE REPUBLIC OF KAZAKHSTAN

of February 25, 2015 No. 114

About approval of the list of the documents confirming the rights of persons to receipt of the legal aid guaranteed by the state

(as amended on 01-09-2022)

According to the subitem 1) Item 2 of article 27 of the Law of the Republic of Kazakhstan of July 5, 2018 "About lawyer activities and legal aid":

1. Approve the enclosed list of the documents confirming the rights of persons to receipt of the legal aid guaranteed by the state.

2. To provide to department of registration service and organization of legal services of the Ministry of Justice of the Republic of Kazakhstan state registration of this order and its official publication according to the procedure, established by the legislation.

3. To impose control of execution of this order on the supervising deputy 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

B. Imashev

Approved by the Order of the Minister of Justice of the Republic of Kazakhstan of February 25, 2015, No. 114

The list of the documents confirming the rights of persons to receipt of the legal aid guaranteed by the state

Chapter 1. The list of documents, when rendering the legal aid guaranteed by the state in the form of legal consultation

1. To physical persons on questions:

1) penalties of the alimony - the certificate of birth of child(children), the marriage certficate (matrimony) or annulment of marriage (matrimony) and if the child is given birth out of scrap (matrimony) - the affiliation certificate;

2) award of pension and benefits – the identity document of the citizen, the pension certificate, the document which is the basis for receipt of the corresponding benefit;

3) rehabilitations - the copy of the procedural act confirming the fact of justification or the termination of pre-judicial investigation, or diversion about administrative offense or about cancellation or change of other illegal decisions on criminal or administrative case;

4) receipts of the status of the refugee - the national (civil) passport and (or) identity documents of person recognized as the refugee;

5) receipts of the status of kandas - the documents proving the identity of the applicant and members of his family (in the presence) with notarially attested transfer on Kazakh or Russian (the certificates of birth, the foreign passport, the certificate of the stateless person or official documents of special bodies of the country of outcome of ethnic Kazakhs and documents confirming nationality of applicants);

6) minor, without parental support – copies of documents, the death certificate, the judgment about deprivation of care of the only child or both parents in connection with restriction or deprivation of their parent rights, recognition it is unknown absent, by recognition by incapacitated or it is limited capable, serving sentence in places of detention, the document confirming evasion from education of the child or protection of its rights and interests including on refusal to take the child from the educational or medical organization.

2. To the victims of sexual violence, human trafficking, the act of terrorism or the undergone tortures concerning providing and protection of their rights and legitimate interests connected with this status or situation - the copy of the procedural act confirming the fact of causing physical, property or moral harm.

3. To physical persons concerning the indemnification caused by the death of the supporter – the death certificate.

4. To physical persons concerning the indemnification caused by damage of health, work-related, or caused by criminal offense - the act of labor accident, the resolution of the bodies conducting criminal procedure.

5. On questions to not connected with business activity, physical persons which are:

1) participants of the Great Patriotic War - the certificate of the veteran of the Great Patriotic War issued by bodies of the Ministry of Defence of the Republic of Kazakhstan;

2) persons equated on privileges to participants of the Great Patriotic War and also combat veterans in the territory of other states - the military ID, the reference confirming service in field army;

3) the military personnel of conscription service - the military ID or the reference issued by authorized body;

4) persons with disability of the first and second groups - the certificate of disability;

5) retirement pensioners - the pension certificate.

6. To large families on the questions which are not connected with business activity - the certificate of birth of children.

7. To needy persons (families) having the average per capita income per month below the poverty line, established in areas, the cities of republican value, the capital, on the questions which are not connected with entrepreneurial activities - the document proving applicant's identity, the document confirming the income of needy family, the certificate of pension assignments (except for the data received from the corresponding state information systems), the reference or the certificate of registration as jobless person, the certificate of data on children maintenance and other dependents.

Chapter 2. The list of documents, when rendering the legal aid guaranteed by the state in the form of protection and representation of interests of physical persons in courts, criminal prosecution authorities, other state bodies and the non-state organizations

8. To person brought to the administrative responsibility according to the legislation of the Republic of Kazakhstan on administrative offenses - the copy of the procedural document (the resolution or the protocol on initiation of proceedings on administrative offense).

9. To the claimant or the defendant according to the civil procedural legislation of the Republic of Kazakhstan and to the claimant according to the legislation of the Republic of Kazakhstan on administrative legal proceedings – determination about acceptance in production.

10. To the suspect, the person accused, the defendant, the convict, justified, injured according to the criminal procedure legislation of the Republic of Kazakhstan - the resolution on recognition as the suspect, charged concerning relation by the prosecutor the indictment, conviction of the defendant, sentence of the convict, the court order justified, the resolution on recognition by the victim is drawn up.

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