It 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:
- Provision of legal information.
- Provision of legal advice.
- 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.
- 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.
- 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.
- Subjects of rendering legal aid guaranteed by the state are individuals and (or) legal entities providing legal assistance guaranteed by the state.
- 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.
- 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:
- Legal information;
- Legal counseling;
- 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;
- 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?
All individuals and (or) legal entities have the right to receive free-of-charge state-guaranteed legal assistance in the form of legal information provision.
State-guaranteed legal assistance in the form of legal advice is provided in accordance with the procedure established by the Law "On Advocacy and Legal Assistance" and the legislation of the Republic of Kazakhstan to:
- individuals on issues of alimony recovery, pension and benefits assignment, rehabilitation, refugee or kandas status obtainment, minors left without parental care;
- victims of sexual violence, human trafficking, acts of terrorism, or those who have been subjected to torture on issues of ensuring and protecting their rights and legitimate interests related to a status or situation;
- individuals on issues of compensation for damage caused by death of a breadwinner;
- individuals on issues of compensation for damage caused by work-related health damage or caused by a criminal offense;
- individuals who are participants of the Great Patriotic War, persons equated by benefits to participants of the Great Patriotic War, as well as veterans of military operations on the territory of other states, conscripts, persons with disabilities of the first and second groups, pensioners by age, on issues not related to entrepreneurial activity;
- large families on issues not related to entrepreneurial activity;
- low-income persons (families) who have average per capita income per month below the poverty threshold established in regions, cities of republican significance, the capital on issues not related to entrepreneurial activity.
State-guaranteed legal assistance in the form of protection and representation of interests of individuals in courts, criminal prosecution bodies, other government agencies and non-governmental organizations is provided in accordance with the procedure established by the Law and legislation of the Republic of Kazakhstan to:
- citizens brought to administrative responsibility in accordance with the legislation of the Republic of Kazakhstan on administrative offenses;
- plaintiffs or defendants in accordance with the civil procedural legislation of the Republic of Kazakhstan and to plaintiffs in accordance with the legislation of the Republic of Kazakhstan on administrative proceedings;
- suspects/accused/defendants/convicted/ acquitted/victims in accordance with the criminal procedure legislation of the Republic of Kazakhstan.
All the above-mentioned individuals are entitled to receive state-guaranteed legal assistance on the territory of the Republic of Kazakhstan, regardless of their place of residence and location.
On behalf of a person in need of state-guaranteed legal assistance, his/her representative may apply for such assistance in accordance with the procedure established by laws.
Funding of state-guaranteed legal assistance is carried out at the expense of budget funds in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
An individual in need of state-guaranteed legal assistance has the right to:
- equal access to state-guaranteed legal assistance.
- get information about rights, obligations and conditions for providing state-guaranteed legal assistance.
- apply for free-of-charge legal assistance to experts providing state-guaranteed legal assistance.
- obtain state-guaranteed legal assistance or refuse to receive it in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan.
- appeal against the actions/ inactions of individuals providing state-guaranteed legal assistance in the manner provided for by the Law and legislation of the Republic of Kazakhstan.
- confidentiality of an issue on which state-guaranteed legal assistance has been provided.
An individual who has applied for state-guaranteed legal assistance in the form of legal advice, as well as protection and representation of interests of individuals and legal entities in courts, criminal prosecution bodies, other government agencies and non-governmental organizations in the cases and in the manner established by the Law and other laws of the Republic of Kazakhstan, is obliged to:
- submit documents confirming his/her right to receive state-guaranteed legal assistance, the list of which is approved by the authorized body.
- promptly notify about changes in circumstances affecting the conditions for provision of state-guaranteed legal assistance.
- ensure the accuracy of information on which the need for state-guaranteed legal assistance is based.
Subjects of state-guaranteed legal assistance
State-guaranteed legal assistance is provided by:
- government agencies on a free-of-charge basis in the form of legal information within their competence in accordance with the procedure established by the Law of the Republic of Kazakhstan "On Access to Information"
- lawyers in accordance with the procedure established by the Law;
- legal advisers in accordance with the procedure established by the Law;
- notary publics on a free-of-charge basis in cases and in the manner prescribed by the Law of the Republic of Kazakhstan "On Notaries"
- private bailiffs on a free-of-charge basis during execution of socially significant categories of cases in cases and in the manner prescribed by the Law of the Republic of Kazakhstan "On Enforcement Proceedings and Status of Bailiffs".
In cases stipulated by the laws of the Republic of Kazakhstan, state-guaranteed legal assistance may be provided by other individuals on a free-of-charge basis.
Refusal to provide state-guaranteed legal assistance
Provision of state-guaranteed legal assistance in the form of legal information is refused if an appeal submitted by an applicant is not of a legal nature.
Provision of state-guaranteed legal assistance in the form of legal advice, protection and representation is refused if there is one of the following reasons:
- an applicant is not entitled to receive state-guaranteed legal assistance.
- if an appeal submitted by an applicant is not of a legal nature.
Refusal to provide state-guaranteed legal assistance should be substantiated and may be appealed at an authorized body, court in accordance with the procedure established by the laws of the Republic of Kazakhstan.