State guaranteed legal assistance Printable versionLast update: 25.11.2020
It’s openly know that everyone has the right to defense. But not everyone knows that if they don't have an opportunity to hire an advocate, notary or other subject of legal protection, they are granted a state-guaranteed legal assistance (further - SGLA) at the budget cost. We will fully describe about the state-guaranteed legal assistance in this article and answer the following questions such as: who can get, where to go to get SGLA, who can provide and who can provide the SGLA.
What is state guaranteed legal assistance?
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:
- 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 the state guaranteed legal assistance?
Subjects of the state guaranteed legal assistance
The provision of state guaranteed legal assistance will be turned down if: