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State guaranteed legal assistance Printable version

Last update: 06.12.2022

a man holding a scale of justice and a judge's gavelIt is a well-known fact that everyone has the right to protection. But not everyone knows that if someone does not have the opportunity to hire a lawyer, notary public or other subject of legal protection, then a state-guaranteed legal assistance at the expense of the budget can be provided. In the article, we will describe what the state-guaranteed legal assistance (hereinafter: SGLA) is and answer who can get it, where to apply for SGLA and who can provide SGLA.

What is state guaranteed legal assistance? 

Pursuant to the Constitution and laws of the Republic of Kazakhstan, everyone has the right to receive qualified legal assistance during civil, administrative and criminal proceedings in accordance with the established provisions. On these grounds, citizens of the Republic of Kazakhstan are provided with state-guaranteed legal assistance:

State–guaranteed legal assistance is legal assistance provided to individuals and legal entities entitled to receive it on the basis and in accordance with the procedure provided for by the Law and other laws of the Republic of Kazakhstan on a free-of-charge basis.

State-guaranteed legal assistance is provided in the form of:

  1. Provision of legal information.
  2. Provision of legal advice.
  3. Protection and representation of interests of individuals in courts, criminal prosecution bodies, other government agencies and non-governmental organizations in cases and in the manner established by the Law and other legislative acts of the Republic of Kazakhstan.
  4. Performing other legal actions to protect the legitimate interests of a client in interaction with any persons who are participants in existing or potential legal relations with a client.

Legal information, legal advice, protection and representation by lawyers of the interests of individuals are the minimum social standards in the provision of state-guaranteed legal assistance in accordance with the Law of the Republic of Kazakhstan "On Minimum Social Standards and their Guarantees".

In accordance with the Constitution and RK laws everyone has the right to get qualified legal assistance in obedience to prescribed regulations. On this basis the citizens of RK are provided with the guaranteed by state legal assistance.

  1. A legal aid guaranteed by the state is a legal assistance provided to individuals and legal entities entitled to receive it on the basis and in accordance with the procedure provided for by Law and other laws of the Republic of Kazakhstan, on a free basis.
  2. Subjects of rendering legal aid guaranteed by the state are individuals and (or) legal entities providing legal assistance guaranteed by the state.
  3. A system of providing legal assistance guaranteed by the state is the legal framework and mechanisms for the implementation of the state guaranteed right to legal assistance, established by the legislation of the Republic of Kazakhstan.
  4. An authorized state body in the field of providing legal assistance guaranteed by the state (hereinafter referred to as the authorized body) is the central executive body that exercises leadership in the provision of legal assistance and legal services to the public.

Types of legal aid guaranteed by the state
Legal aid guaranteed by the state is provided in the form of:

  1. Legal information;
  2. Legal counseling;
  3. Protection and representation of the interests of individuals in courts, criminal investigation bodies, other state bodies and non-state organizations in cases and in the manner established by this Law and other legislative acts of the Republic of Kazakhstan;
  4. Adoption of compulsory measures for the enforcement of executive documents by private bailiffs on the collection of alimony and wages in the manner prescribed by the Law of the Republic of Kazakhstan "On Enforcement Proceedings and Status of Bailiffs".

Legal information, legal advice, protection and representation by lawyers of the interests of individuals are the minimum social standards in the provision of state-guaranteed legal aid in accordance with the Law of the Republic of Kazakhstan "On Minimum Social Standards and Their Guarantees"

State guaranteed legal assistance based on:

  • law;
  • priority of the rights, freedoms and lawful interests of individuals and legal entities who are in need of free legal assistance guaranteed by the state;
  • equal to affordability and quality of state guaranteed legal assistance;
  • guarantee of confidentiality of the issue which is subject to state-guaranteed legal assistance;
  • effective state regulation and control for the quality of provided state  guaranteed assistance;

Who is provided with state-guaranteed legal assistance?

Subjects of state-guaranteed legal assistance

Refusal to provide state-guaranteed legal assistance

 

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