Article 28. Organization, procedure for the provision and accounting of State-guaranteed legal aid provided by lawyers of the Law on Advocacy and Legal Aid

Home / Laws / Article 28. Organization, procedure for the provision and accounting of State-guaranteed legal aid provided by lawyers of the Law on Advocacy and Legal Aid

1. The participation of lawyers in the provision of state-guaranteed legal aid is organized by the bar association of the region, the city of republican significance, the capital through a unified digital legal aid system in accordance with the procedure determined by the Republican Bar Association in coordination with the authorized body.

The Bar Association of the region, the city of republican significance, and the capital annually, no later than December 1, sends to the territorial body of justice a list of lawyers participating in the system of providing state-guaranteed legal aid.

2. The selection criteria for lawyers to participate in the state-guaranteed legal aid system are approved by the Republican Bar Association.

3. The preferential right to be included in the list of lawyers participating in the system of providing state-guaranteed legal aid is granted to lawyers providing comprehensive social legal assistance.

The list includes the surname, first name, patronymic (if any) of the lawyer, the number and date of issue of the license to practice law, the form of organization of advocacy, the name and place of practice.

4. The list of lawyers is periodically updated by the Presidium of the Bar Association and is kept up to date.

The choice of a lawyer to provide qualified legal assistance as appointed by the authorities conducting criminal proceedings, courts or bodies (officials) authorized to consider cases of administrative offenses can be carried out using a unified digital legal assistance system.

5. The territorial body of justice annually, no later than December 15th, concludes an agreement with lawyers on the provision of state-guaranteed legal assistance.

The form of the agreement, developed and approved by the authorized body, taking into account the recommendations of the Republican Bar Association, should contain the duties of lawyers and conditions for the full provision of legal aid to the population living in the territory of the region, the city of republican significance, the capital.

6. The territorial body of Justice annually, no later than December twenty-fifth, posts on its Internet resource a list of lawyers participating in the system of providing state-guaranteed legal aid.

No later than December twenty-fifth, the Republican Bar Association will post in the unified digital legal aid system a list of lawyers participating in the system of providing state-guaranteed legal aid.

7. The provision of state-guaranteed legal assistance in the form of legal advice is carried out in the lawyer's office immediately at the time of the applicant's request.

If it is impossible to provide legal assistance immediately after the applicant's request, it must be provided within a period not exceeding three working days. The applicant is informed in an accessible form by the lawyer about the day and time of the appointment.

8. Legal advice is provided at the applicant's location if, due to a serious illness, disability, movement difficulties, or other circumstances, he is unable to appear at the reception location designated by a lawyer.

For the same issue, a person can receive state-guaranteed legal assistance once.

9. Records of state-guaranteed legal aid are kept by the lawyer providing such assistance in accordance with the procedure determined by the authorized body.

10. Lawyers prepare a monthly report on their state-guaranteed legal aid no later than the fifth day of the month following the reporting one through the unified digital legal aid system.

The report form is approved by the authorized body, taking into account the recommendations of the Republican Bar Association.

11. The bar Association of the region, the city of republican significance, and the capital annually, no later than July fifth and January fifth, submits to the territorial judicial authority through the unified digital legal aid system a summary report on the state-guaranteed legal aid provided by lawyers in a form approved by the authorized body, taking into account the recommendations of the Republican Bar Association.

The consolidated report of the Bar Association of the region, the city of republican significance, and the capital contains information on providing state-guaranteed legal aid to rural settlements.

President

Republic of Kazakhstan

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