On the obligation to issue a license to practice law

No. 6001-24-00-6ap/1447 dated February 27, 2025

Plaintiff: Z.Zh.

Respondent: State Institution "Ministry of Justice of the Republic of Kazakhstan" (Ministry)

The subject of the dispute: the obligation to issue a license to practice law

Review of the plaintiff's cassation complaint PLOT:

The plaintiff, who has been a judge of the military court since September 13, 2022,

She believed that she had the right to obtain a license to practice law without passing an attestation.

The defendant refused to grant the plaintiff a license, arguing that due to the requirements of Articles 38 and 39 of the Law of the Republic of Kazakhstan "On Advocacy and Legal Assistance" (hereinafter referred to as the Law), she must undergo an internship and certification, current judges are not included in the list of persons exempt from certification.

Judicial acts:

1st instance: the claims were denied.

Appeal: the decision of the court of first instance remains unchanged.

Cassation: judicial acts in this case are upheld.

Conclusions: the local courts reasonably refused to satisfy the plaintiff's claims, since the norms of the current Law do not really provide for the exemption of current judges from passing certification to obtain a lawyer's license.

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