Article 112. Provision of free legal aid of the Civil Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 112. Provision of free legal aid of the Civil Procedure Code of the Republic of Kazakhstan

1. When preparing a case for trial, a judge or a court during the consideration of a case is obliged to exempt the following persons from paying for legal aid and reimbursement of expenses related to representation, and to charge them at the expense of budgetary funds when considering cases:

1) plaintiffs in disputes over compensation for damage caused by the death of the breadwinner;

2) plaintiffs in disputes concerning compensation for damage caused by work-related health damage or caused by a criminal offense;

3) plaintiffs and defendants in disputes related to ensuring and protecting the rights and legitimate interests of minors left without parental care;

4) plaintiffs and defendants in disputes on the recovery of alimony for the maintenance of children in large families who are recoverers in the framework of enforcement proceedings for the recovery of alimony;

5) plaintiffs and defendants in disputes related to ensuring and protecting the rights and legitimate interests of victims of domestic violence in accordance with the legislation of the Republic of Kazakhstan on administrative offenses;

6) plaintiffs and defendants in disputes not related to entrepreneurial activities who are participants in the Great Patriotic War, persons who are equal in benefits to participants in the Great Patriotic War, as well as veterans of military operations on the territory of other states, conscripts, persons with disabilities of the first and second groups, and old-age pensioners;

7) plaintiffs in disputes on compensation for damage to those rehabilitated in accordance with the law.

2. The amount of payment for legal assistance provided by a lawyer, legal consultant, and reimbursement of expenses related to defense and representation is established by the Ministry of Justice of the Republic of Kazakhstan.

The procedure for paying for legal aid provided by a lawyer, legal consultant, and reimbursement of expenses related to defense and representation is established by the rules for paying for legal aid approved by the Ministry of Justice of the Republic of Kazakhstan.

3. In the cases provided for in part one of this article, documents and other evidence confirming the person's right to receive legal aid from budgetary funds must be attached to a person's application for exemption from paying for legal aid and reimbursement of expenses related to his representation.

4. The court issues a ruling on the exemption of a person from paying for legal assistance and reimbursement of expenses related to his representation, or on the refusal to satisfy the petition, which is not subject to appeal or review at the request of the prosecutor. Arguments about disagreement with the ruling may be included in the appeal, the prosecutor's petition.

5. The court's ruling on the exemption of a person from paying for legal aid and reimbursement of expenses related to representation is immediately sent in writing or in the form of an electronic document through the unified legal aid information system to the territorial bar association and the relevant chamber of legal advisers at the location of the court considering the civil case, which are required to ensure the participation of a lawyer within the time limit set by the court or a legal consultant in court.

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