Comments on article 18. Ensuring the rights to qualified legal assistance of the Civil Procedure Code of the Republic of Kazakhstan

1. Everyone has the right to receive qualified legal assistance in the course of civil proceedings in accordance with the provisions of this Code.2. In cases stipulated by law, legal assistance is provided free of charge.1, 2. In accordance with paragraph 3 of article 13 of the Constitution, everyone has the right to receive qualified legal assistance. In cases stipulated by law, legal assistance is provided for free.According to the Law of "State-guaranteed Legal aid", state-guaranteed legal aid is provided in the form of: legal information; legal advice; protection and representation of the interests of individuals in courts, criminal prosecution bodies, other state bodies and non-governmental organizations in cases and in accordance with the procedure established by this Law and other legislative acts of the Republic of Kazakhstan; taking compulsory measures to execute executive documents by private bailiffs on the recovery of alimony and wages. The commented article states that qualified legal assistance should be provided in accordance with the provisions of this Code.Article 57 of the CPC establishes the right, not the obligation, of citizens to conduct their cases in court through a representative. In order to protect the rights of certain categories of citizens when applying to court, the CPC regulates the mandatory participation of a lawyer in the hearing of specific cases involving such persons, as well as cases in which legal assistance can be provided free of charge. In particular, upon applications for declaring a citizen legally incompetent, the court, by virtue of Article 325 of the CPC, appoints an official representative, a lawyer, to represent and protect the interests of a citizen in the process of the initiated case.Article 112 of the CPC stipulates the duty of a judge when preparing a case for trial or when considering a case, to exempt the court from paying for legal aid and reimbursing expenses related to representation and allocating them at the expense of budgetary funds. The criterion for applying this provision is the subject matter, namely, the plaintiffs in disputes: on compensation for damage caused by the death of the breadwinner; on compensation for damage caused by health damage related to work or caused by a criminal offense; on compensation for damage rehabilitated in accordance with the law; as well as plaintiffs and defendants in disputes not related to business persons who participated in the Great Patriotic War, persons equated to them, conscripts, invalids of the first and second groups, and old-age pensioners. On the issue of exemption from paying for legal aid, the court issues a ruling that is not subject to appeal or appeal. Thus, the application of the provisions of Article 112 of the CPC is possible only for an individual, it involves filing a petition and providing documents and other evidence confirming the right of this person to receive legal aid from the republican budget.In addition, article 6 of the Law "On Advocacy" provides for the provision of free legal assistance to individuals in matters of collecting alimony, assigning pensions and benefits, rehabilitation, obtaining refugee or oralmans status, and minors., those left without parental care in the form of legal advice, and, if necessary, the preparation of written documents of a legal nature.The amount of payment for legal assistance provided by a lawyer and reimbursement of expenses related to defense and representation is established by the Government of the Republic of Kazakhstan.The procedure for payment of legal aid provided by a lawyer and reimbursement of expenses related to defense and representation is established by the rules for payment of legal aid approved by the Ministry of Justice of the Republic of Kazakhstan.

LIBRARY OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

Astana, 2016

UDC 347 (574)  

By 63

ISBN 978-601-236-042-4

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