ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of December 29, 2015 No. 1110

About establishment of the amount of payment of the legal aid given by the lawyer and the expense recoveries connected with protection and representation

According to Article 112 of the Code of civil procedure of the Republic of Kazakhstan of October 31, 2015, Item 3 of article 5 of the Law of the Republic of Kazakhstan of December 5, 1997 "About lawyer activities" the Government of the Republic of Kazakhstan DECIDES:

1. Establish the following amount of payment of the legal aid given by the lawyer and the expense recoveries connected with protection and representation (further - the amount of payment), in cases, the stipulated in Article 6 Laws of the Republic of Kazakhstan "About lawyer activities":

1) 1/10 minimum sizes of the salary, established by the legislation of the Republic of Kazakhstan, in one hour:

participations on any production stage on criminal case as the defender of the suspect, the person accused, the defendant condemned for making of especially serious crime and also as the representative of person recognized as the victim owing to especially serious crime;

appointments to the client who is held in custody or serving sentence in organization of criminal executive system for making of especially serious crime;

creation of petitions, claims to actions (failure to act) and decisions of the investigator, the investigator, the prosecutor and court, appeal, cassation and other claims in protection of the suspect, person accused, the defendant condemned for making of especially serious crime or for the benefit of person recognized as the victim owing to especially serious crime;

2) 1/15 minimum sizes of the salary, established by the legislation of the Republic of Kazakhstan, in one hour:

participations on any production stage on criminal case as the defender of the suspect, the person accused, the defendant condemned for making of serious crime and also as the representative of person recognized as the victim owing to serious crime;

appointments to the client who is held in custody or serving sentence in organization of criminal executive system for making of serious crime;

creation of petitions, claims to actions (failure to act) and decisions of the investigator, the investigator, the prosecutor and court, appeal, cassation and other claims in protection of the suspect, person accused, the defendant condemned for making of serious crime or for the benefit of person recognized as the victim owing to serious crime;

3) 1/21 minimum sizes of the salary established by the legislation of the Republic of Kazakhstan in one hour:

participations on any production stage on criminal case as the defender of the suspect, the person accused, the defendant condemned for making of criminal offense or crime of small or average weight and also as the representative of person recognized as the victim owing to criminal offense or crime of small or average weight;

protection on any production stage on the case of administrative offense of person brought to the administrative responsibility;

representations of person exempted from the payment of legal aid and expense recovery connected with representation in production on civil case and their reference at the expense of budgetary funds;

creation of petitions, claims to actions (failure to act) and decisions of the investigator, the investigator, the prosecutor and court, appeal, cassation and other claims in protection of the suspect, person accused, the defendant condemned for making of criminal offense or crime of small or average weight or for the benefit of person recognized as the victim owing to criminal offense or crime of small or average weight or claims on the case of administrative offense or on civil case;

appointments to the person who is held in custody or serving sentence in organization of criminal executive system for crime execution of small or average weight or person subjected to administrative detention; legal consultation of physical persons in cases of their address to the lawyer;

4) 1,5 from the amount of payment established by subitems 1) - 3) Item 1 of this resolution, in one hour of participation in interrogation of the suspect of case, being urgent, night time, days off and holidays during which the terms established by part three of Article 64 of the Code of penal procedure of the Republic of Kazakhstan depending on category of the incriminated crime expire;

5) 50 percent from the amount of payment established by the subitem 3) of Item 1 of this resolution for waiting time the lawyer of the beginning of investigative or other action, the beginning of judicial session or its continuation in case of adjournment;

6) expense recovery, connected with departure in business trip to other area within the Republic of Kazakhstan for implementation of protection or representation on specific case, in the sizes established for employees of the public institutions containing at the expense of means of the state.

2. Recognize invalid some decisions of the Government of the Republic of Kazakhstan according to appendix to this resolution.

3. This resolution becomes effective since January 1, 2016 and is subject to official publication.

Appendix

to the Order of the Government of the Republic of Kazakhstan of December 29, 2015 No. 1110

List of invalid some decisions of the Government of the Republic of Kazakhstan

1. The order of the Government of the Republic of Kazakhstan of August 26, 1999 No. 1247 "About Rules of compensation of persons giving the legal aid guaranteed by the state, accounting of the legal aid given by the lawyer and the expense recoveries connected with consultation, protection and representation and also the amount of payment of its work" (SAPP of the Republic of Kazakhstan, 1999, No. 42, the Art. 384).

2. The order of the Government of the Republic of Kazakhstan of December 24, 2001 No. 1683 "About modification and amendments in the order of the Government of the Republic of Kazakhstan of August 26, 1999 No. 1247" (SAPP of the Republic of Kazakhstan, 2001, No. 48, the Art. 571).

3. The order of the Government of the Republic of Kazakhstan of September 30, 2005 No. 978 "About modification and amendments in the order of the Government of the Republic of Kazakhstan of August 26, 1999 No. 1247" (SAPP of the Republic of Kazakhstan, 2005, No. 36, the Art. 503).

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