Article 750. Invitation, appointment, replacement of the defender, payment of his work of the Code of the Republic of Kazakhstan On Administrative Offenses
1. The defender is invited by the person against whom proceedings on an administrative offense are being conducted, his representatives, as well as other persons on behalf of or with the consent of the person against whom proceedings on an administrative offense are being conducted. A person against whom proceedings on an administrative offense are being conducted has the right to invite several defenders to defend him.
2. At the request of the person in respect of whom proceedings on an administrative offense are being conducted, the participation of a defense attorney is provided by a judge, an authority (official) authorized to consider cases of administrative offenses.
3. In cases where the participation of an elected or appointed defender is not possible within twenty-four hours, the judge, the body (official) authorized to consider cases of administrative offenses has the right to propose to the person against whom proceedings on an administrative offense are underway to invite another defender or to take measures to appoint a defender through the bar association or its structural divisions. A judge, body (official) authorized to consider cases of administrative offenses may not recommend to a person against whom proceedings on an administrative offense are being conducted to invite a certain person as a defender.
4. In the case of administrative detention, if the appearance of a defender elected by the person against whom proceedings on an administrative offense are being conducted is impossible within three hours, the judge, the body (official) authorized to consider cases of administrative offenses, suggest to the person against whom proceedings on an administrative offense are being conducted, invite another a lawyer, and in case of refusal, takes measures to appoint a lawyer through the bar association or its structural divisions.
5. The remuneration of a lawyer and a legal consultant is made in accordance with the legislation of the Republic of Kazakhstan. A judge, body (official) authorized to consider cases of administrative offenses, if there are grounds for that, are obliged to release the person against whom proceedings on an administrative offense are being conducted from paying for legal assistance. In this case, the payment is made at the expense of budgetary funds.
6. Expenses for the remuneration of lawyers and legal consultants shall be made at the expense of budgetary funds and in the case provided for in the second part of Article 749 of this Code, when the lawyer or legal consultant participated in the proceedings conducted against an individual, as intended.
7. A lawyer enters into an administrative offense case as a defender upon presentation of a lawyer's certificate and a written notice of protection (representation), a legal consultant – upon presentation of a certificate or an extract from the register and the written consent of the person against whom an administrative offense case has been initiated. It is prohibited to request other documents confirming the authority of a lawyer or legal consultant to conduct a specific case. Other persons specified in part two of Article 748 of this Code shall submit documents confirming their right to participate in the case as a defender (marriage certificate, as well as documents specified in part three of Article 746 and part three of Article 747 of this Code).
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