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LAW OF THE KYRGYZ REPUBLIC

of December 16, 2016 No. 201

About the legal aid guaranteed by the state

Accepted by Jogorku Kenesh of the Kyrgyz Republic on November 10, 2016

This Law governs the relations connected with rendering to persons specified in this Law, consulting and legal and qualified legal aid within the legal aid guaranteed by the state and establishes the legal basis of the organization and functioning of system of the legal aid guaranteed by the state in the Kyrgyz Republic.

Chapter 1. General provisions

Article 1. Legislation on the legal aid guaranteed by the state

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

Article 2. Action of this Law concerning persons

Operation of this Law extends to citizens of the Kyrgyz Republic, and also to the foreign citizens, persons without citizenship and refugees needing receipt of the legal aid guaranteed by the state in the cases provided by this Law.

Article 3. State policy in the field of the legal aid guaranteed by the state

1. The Kyrgyz Republic guarantees equal access to legal aid to all persons in the cases provided by this Law.

2. State policy in the field of the legal aid guaranteed by the state is provided with set of the organization-legal, social and economic, information, control and other measures performed for the purpose of realization of guarantee of the rights of citizens of the Kyrgyz Republic, foreign citizens, stateless persons and refugees on receipt of the legal aid guaranteed by the state.

Article 4. The basic concepts used in this Law

In this Law the following basic concepts are applied:

1) the legal aid guaranteed by the state (LAGS) - the consulting and legal and qualified legal aid provided to physical persons according to this Law;

2) consulting legal assistance - informing on system of law of the Kyrgyz Republic, the rights and obligations of persons of law, methods of realization and use of the rights in judicial and extrajudicial procedure; consultation on legal issues; help in creation of documents of legal nature; other forms of the help which are not falling under determination of qualified legal aid;

3) qualified legal aid - professional activity of the lawyer on representation and/or protection of legitimate rights and interests of persons on civil, administrative and criminal cases at all stages of civil, administrative and criminal trial at the expense of the state;

4) the applicant - person who addressed with the petition for provision of the legal aid guaranteed by the state in the interests or for the benefit of other persons;

5) the receiver - physical person to which the legal aid guaranteed by the state according to the procedure is provided, established by this Law;

6) system of the legal aid guaranteed by the state - the organization of provision and rendering the legal aid by state bodies, Legal profession of the Kyrgyz Republic guaranteed by the state, local government bodies, other organizations and persons according to this Law.

The procedure for their interaction is determined by the Government of the Kyrgyz Republic;

7) authorized body - the state body given the Government of the Kyrgyz Republic authority on realization of state policy in the field of the legal aid guaranteed by the state;

8) the center for coordination of the legal aid guaranteed by the state under authorized body - specialized agency on provision of the legal aid guaranteed by the state;

9) the coordinator - the official of authorized body providing interaction between the applicant and the lawyer for the purpose of provision of qualified legal aid.

Article 5. The principles of the legal aid guaranteed by the state

The principles of the legal aid guaranteed by the state are:

1) legality;

2) protection of the rights, freedoms and the interests of the physical persons needing the legal aid guaranteed by the state protected by the law;

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

4) confidentiality when rendering the legal aid guaranteed by the state;

5) efficiency of the state control of quality of rendering legal aid and observance of requirements of the legislation and regulations of professional ethics.

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

1. The legal aid guaranteed by the state is provided in the form of consulting legal assistance and qualified legal aid.

2. The consulting legal assistance is provided in type:

1) legal information;

2) giving consultations and explanations according to legal issues;

3) creation of statements, claims and other documents of legal nature (except documents of procedural nature);

4) assistance in ensuring access of person to qualified legal aid;

5) other forms of legal assistance.

3. Qualified legal aid is provided in the field of civil, administrative and criminal trial in type:

1) legal information;

2) giving consultations and explanations according to legal issues;

3) creation of statements, claims, documents of procedural nature and other documents of legal nature;

4) representations and/or protection on civil, administrative and criminal cases at all stages of civil, administrative and criminal trial.

Chapter 2. Persons having the right to the legal aid guaranteed by the state

Article 7. Persons having the right to consulting legal assistance

All citizens of the Kyrgyz Republic, foreign citizens, stateless persons and refugees have the right to consulting legal assistance.

Article 8. Persons having the right to qualified legal aid

1. The right to qualified legal aid in the field of civil, administrative and criminal trial is provided to claimants, defendants, suspects, persons accused, defendants, convicts, the acquitted, injured, minor witnesses whose annual earnings do not exceed the 60-fold size of minimum wage which is annually established by the law on the republican budget, except as specified, provided by part 2 of this Article.

2. Without the annual earnings specified regarding 1 this Article, qualified legal aid is provided:

1) to persons in detention cases;

2) suspect, person accused, defendant of making of especially serious crimes;

3) to persons with I and II groups of disability;

4) to persons suffering from mental diseases;

5) to veterans of the Great Patriotic War and persons equated to them;

6) the minor - in their interests, to their parents (guardians, custodians) - for the benefit of children;

7) to the lonely mothers who are bringing up child(children) minors;

8) to persons which are bringing up child(children) minors without mother - on the questions connected with providing and protection of the rights and legitimate interests of children;

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