Article 33. Rights and obligations of a lawyer law on advocacy and legal assistance

Home / Laws / Article 33. Rights and obligations of a lawyer law on advocacy and legal assistance

1.a lawyer has the right to provide any legal assistance to the person who has applied for assistance that he needs.

2.a lawyer enters into a written agreement on the provision of legal assistance on his own behalf with the person who applied to him, with the exception of the case provided for in paragraph 7 of Article 63 of this law.

3. The lawyer, acting as a defender or representative:

1) protect and represent the rights and interests of persons applying for legal assistance in all courts, state, other bodies and organizations, the competence of which includes the resolution of relevant issues;

2) request and receive from all state bodies, local self-government bodies and legal entities information necessary for the implementation of advocacy activities;

3) independently collect factual data necessary for the provision of legal assistance in accordance with the procedure and within the limits established by the legislation of the Republic of Kazakhstan and provide them to state bodies and officials;

4) get acquainted with the materials related to the person who applied for help, including procedural documents, investigative and judicial cases, and register the information contained in them in any way not prohibited by the laws of the Republic of Kazakhstan;

5) from the moment of admission to participate in the case, have a private meeting with the person he protects, without limiting the number and duration of visits and in cases that ensure the confidentiality of such visits;

6) request the conclusions of specialists on a contractual basis to clarify issues arising in connection with the provision of legal assistance and requiring special knowledge in the field of science, technology, art and other fields of activity;

7) declare petitions, file complaints in accordance with the established procedure for decisions and actions (omissions) of bodies of state power, Local Self-Government, Public Associations, organizations, officials and civil servants that infringe on the rights and interests protected by law of persons applying for assistance;

8) to familiarize with the information constituting state secrets, as well as containing military, commercial, official and other secrets protected by law, in accordance with the procedure provided for by the laws of the Republic of Kazakhstan, if this determination is necessary during the pre-trial investigation, for the implementation of protection or representation in court;

9) use all means and means of protecting the rights and legitimate interests of persons applying for legal assistance that are not prohibited by law;

10) conduct conciliation procedures;

11) provision of comprehensive social legal assistance;

12) perform other actions that do not contradict the legislation.

4.a state body or official may not refuse to recognize the right of a lawyer to represent the interests of a person applying for legal assistance, except in cases stipulated by the laws of the Republic of Kazakhstan.

A lawyer enjoys the right of free access to administrative buildings of Courts, Prosecutor's offices, bodies conducting criminal proceedings in accordance with the procedure established by the legislation of the Republic of Kazakhstan, by presenting a lawyer's certificate.

The entry of a lawyer to the places of detention of detainees, detained under guard and serving a sentence is carried out in accordance with the established mode of passage.

5.a lawyer has the right to state-guaranteed social protection, which is carried out at the expense of compulsory insurance funds.

Lawyers pay contributions to social insurance in accordance with the legislation of the Republic of Kazakhstan.

A lawyer has the right to pension provision in accordance with the legislation of the Republic of Kazakhstan.

6. lawyers have the right to participate in court sessions wearing lawyer's robes.

The form and characteristics of advocacy robes are developed and approved by the Republican Bar Association.

7. lawyer:

1) comply with the Constitution of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan in the performance of their professional duties;

2) observe the oath of a lawyer of the Republic of Kazakhstan, the Code of professional ethics of lawyers;

3) become a member of the Bar Association;

4) to carry out insurance of their professional liability;

5) provide the client with information about his / her membership in the Bar Association;

6) notify the client of his inability to participate in its provision due to the occurrence of circumstances preventing the provision of legal assistance;

7) at the request of the client, provide a copy of the lawyer's professional liability insurance contract;

8) at the request of the client, enter into an agreement with him on non-disclosure of confidential information;

9) keep secret information that has become known to him in connection with the provision of legal assistance and not disclose it without the consent of the person who applied for assistance;

10) perform any actions not prohibited by law to establish actual circumstances aimed at ensuring the rights, freedoms and legitimate interests of the client;

11) submit a report on the execution of a written agreement on the provision of legal assistance at the request of the client;

12) at the request of the client, copies of documents used in the provision of legal assistance are stored on paper or electronic media or in the form of electronic documents for three years from the date of completion of the provision of legal assistance;

13) constantly improve their skills;

14) within one month after joining the Bar Association as a member, as well as after the establishment of a commercial organization, transfer to trust management the money legally belonging to it, as well as the share (block of shares) in the authorized capital of commercial organizations and other property, the use of which leads to income, except for property transferred for property lease. The contract of trust management of property is subject to notarization. A lawyer has the right not to transfer to trust management bonds belonging to him, shares of open and intermediate Mutual Investment Funds. A lawyer has the right to receive income from property transferred to trust management or property lease;

15) perform other duties stipulated by the laws of the Republic of Kazakhstan and the agreement on the provision of legal assistance.

8. lawyer:

when there is a conflict of interest;

it is prohibited to provide legal assistance in the presence of circumstances stipulated by procedural legislation that exclude the participation of a lawyer in the case.

In these cases, the lawyer is obliged to refuse to provide legal assistance.

9.it is prohibited for a lawyer to take a legal position that worsens the situation of the person who applied for assistance in the case, to use his powers to the detriment of the person whose interests he protects or represents.

10.a lawyer, in the absence of the circumstances provided for in Paragraph 8 of this article, is not entitled to refuse an order taken in a criminal case and, in the event of a verdict that does not correspond to justice in the opinion of the protected person or the lawyer himself, is obliged to appeal against it in accordance with the established procedure.

11.a lawyer is prohibited from being in the civil service and engaging in entrepreneurial activity, in other paid positions, except in cases of joining the Supreme Judicial Council of the Republic of Kazakhstan and the Supervisory Board (Board of Directors) of a commercial organization, being elected or appointed an arbitrator of the relevant Arbitration for dispute resolution, as well as engaging in teaching, scientific or creative activities.

In case of membership in the Supervisory Board (Board of Directors) of a commercial organization, a lawyer is not entitled to provide legal assistance to this organization and its affiliates.

A lawyer has the right to engage in advocacy in combination with work in paid elected and appointed positions in the Bar Association, the Republican Bar Association, and International Public Associations of lawyers.

Warning. Article 33 as amended by the laws of the Republic of Kazakhstan dated 21.02.2019 No. 227 – VI (for the procedure of entry into force, See Article 2); dated 09.06.2021 No. 49-VII (entered into force on the expiration of ten calendar days after the date of its first official publication).

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