Article 39. Attestation of persons applying to practice law under the Law on Advocacy and Legal Aid

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1. Persons who have completed an internship and are applying to practice law are certified in the form of comprehensive computer testing for knowledge of the legislation of the Republic of Kazakhstan and verification of the appropriate level of practical skills by submitting an application to the territorial judicial authorities of regions, cities of republican significance and the capital.

2. They are exempt from passing the certification:

1) persons who have passed the qualification exam in the Qualification Commission under the Supreme Judicial Council of the Republic of Kazakhstan, have successfully completed an internship in court and have received a positive review from the plenary session of the regional or equivalent court;

2) persons who have terminated the powers of a judge on the grounds provided for in sub-paragraphs 1), 2), 3), 9), 10) and 12) paragraph 1 of Article 34 of the Constitutional Law of the Republic of Kazakhstan "On the judicial System and the Status of Judges of the Republic of Kazakhstan".

3. The main objective of the certification of persons applying to practice law is to ensure a high-quality selection of applicants for a license to practice law.

4. The procedure and conditions for attestation and trial attestation of persons who have completed an internship and are applying to practice law shall be determined by the authorized body.

5. Admission to certification is refused if the person applying to practice law does not meet the requirements established by this Law.

Refusal of admission to certification may be appealed in accordance with the procedure established by the laws of the Republic of Kazakhstan.

6. Based on the results of certification by a person applying to practice law, the territorial body of justice of the region, the city of republican significance and the capital makes a reasoned decision on certification or non-certification of a person applying to practice law.

A reasoned decision on attestation or non-attestation may be appealed in accordance with the procedure established by the laws of the Republic of Kazakhstan.

7. The decision on certification for practicing law is valid for three years from the date of its issuance.

8. Attestation of persons applying to practice law is carried out at least once a quarter.

In order to verify knowledge of the legislation of the Republic of Kazakhstan, persons applying to practice law are entitled to undergo a trial certification.

9. In the event of termination or revocation of the license to practice law, the person applying to practice law must be certified when applying for a license to practice law again.

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