Article 43. Suspension of the license to practice law of the Law on Advocacy and Legal Assistance

Home / RLA / Article 43. Suspension of the license to practice law of the Law on Advocacy and Legal Assistance

1. The procedure for suspending a license to practice law is established by the laws of the Republic of Kazakhstan.

2. In addition to the general grounds provided for by the laws of the Republic of Kazakhstan, the license to practice law is suspended for a period of:

1) the presence of a lawyer in public service;

2) his/her performance of the powers of a deputy of the Parliament of the Republic of Kazakhstan, a deputy of the maslikhat, who carries out his/her activities on a permanent or exempt basis, paid for at the expense of budgetary funds;

3) the lawyer's compulsory military service;

4) suspension of his activity by a lawyer on the basis of his application submitted to the bar association.

3. A license to practice law shall be suspended for a specified period in the following cases::

1) initiation of proceedings on the deprivation of a license for the right to practice law – until a decision is made;

2) recognition of a lawyer accused of committing a crime in accordance with the criminal procedure law - before the verdict enters into force.;

3) violations for a disrespectful reason for more than thirty calendar days of the period of advanced training or refusal to complete it – until the violation is eliminated, but not more than three months;

4) systematic (three or more times within twelve consecutive calendar months) provision by a lawyer of state–guaranteed legal aid that does not meet the quality criteria for state-guaranteed legal aid - for six months;

5) systematic (three or more times within twelve consecutive calendar months) violations of the requirements stipulated by the Law of the Republic of Kazakhstan "On Countering the Legalization (Laundering) of Proceeds from Crime, financing of terrorism and financing the proliferation of weapons of mass destruction" – for six months:

6) being a lawyer, along with professional, entrepreneurial or other paid activities, except in cases of joining the supervisory board of a commercial organization, electing or appointing an arbitrator to an appropriate arbitration court to resolve a dispute, as well as engaging in teaching, scientific or other creative activities – for six months.

4. The suspension of the license to practice law is carried out by the licensor's decision based on the submission of the territorial judicial authorities of the regions, cities of republican significance, the capital, and the petition of the Republican and territorial Bar associations.

The licensor's decision to suspend the license to practice law must specify the reasons and the period of suspension of the license. The suspension of a lawyer's license entails a ban on practicing law from the date of the licensor's decision to suspend the license to practice law.

5. The renewal of a license to practice law suspended on the grounds provided for in paragraph 2 of this article shall be carried out at the request of a lawyer within ten calendar days on the basis of an order from the licensor and documents confirming the termination of the grounds for its suspension. The lawyer, the bar association, the central offices of law enforcement agencies and the authorized body for organizational and logistical support of the courts' activities are notified of the renewal of the license to practice law.

6. The decision to suspend or renew the license to practice law is posted on the licensor's Internet resource. The lawyer, the bar association, the central offices of law enforcement agencies and the authorized body for organizational and logistical support of the courts' activities are notified of the decision.

7. A lawyer has the right to appeal to the court against the decision to suspend or refuse to renew a license to practice law.

8. If necessary and with the client's consent, the bar association takes measures to provide legal assistance to a client whose lawyer's license to practice law has been suspended.

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Republic of Kazakhstan

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