Getting of license for advocacy is carried out in three stages, which include probation period – to get necessary skills, attestation and getting of license.

To complete a probation period for conduction an advocacy.   

A person who has expressed a desire to undergo an internship in order to obtain a license to practice as an advocate shall apply to the presidium of the college of lawyers with a free-form application for admission to an internship.

The following documents are attached to the application for admission to the internship:

• application on the admission to complete probation period;
• copies of identity document of the Republic of Kazakhstan citizen;
• copy of diploma on higher legal education (notarized copy - in case of non-provision of the original for checking);
• autobiography composed by hand;
• two 3 x 4 cm photographs;
• personnel record sheet.

Organization of probation period is carried out by the presidium of advocates college in accordance with the Provision on the order of probation period completion by probationer of advocates. Therewith probation period is carried out under the guidance of advocate who has advocacy work experience no less than 5 years. Duration of probation period is from 6 month to one year.   

Probation is carried out for a fee, amount and terms of payment for the organization of probation period is pointed in the agreement.

To pass attestation for dealing with advocacy

Persons applying for advocacy and successfully completed internships in bar associations undergo certification in the certification commission of individuals applying for advocacy established under the territorial justice body of regions, cities of republican significance and the capital.

After successfully completing an internship, a person applying for advocacy, sends to the Commission through the "Electronic government" web portal or a single legal aid information system: 

• application in the form of an electronic document signed by EDS through the "Electronic government" web portal in the form in accordance with Appendix 1 to the Rules for the Certification of Persons Pretending to Practice as an Advocate.
• an electronic copy of certificates from the narcological and psychiatric dispensaries issued no earlier than a month before their submission to the justice authorities.

Your documents will be considered by a special Commission for certification of persons pretending on advocacy. The Commission consists of seven members, including 3 advocates, candidatures of which are identified by the presidium of advocates college of regions, cities of republican status and capitals.городов республиканского значения и столицы. According to the results of consideration of the materials the Commission makes a reasonable decision on the admission or denial of admission to the attestation. The conduction of attestation is free.

After the Commission will examine the materials and make a decision on the admission to attestation, territorial justice authorities will notify you about the place, date, time, procedure for certification no later than 10 calendar days before its conduction.

Certification is carried out once every six months.

Attestation consists of two stages  – passing of computer test on the Republic of Kazakhstan legislation knowledge and checking of applicant’s knowledge on examination cards. Attestation can be passed as in Kazakh language so in Russian one.  

Based on the results of the second stage, the Commission makes a reasoned decision on certification or non-certification. This decision will be valid for 6 years. The decision of the Commission may be appealed in court.

• To get online license on dealing with advocacy online through “electronic government portal”.

Getting of license on dealing with notarial activity is also carried out in 3 stages: probation period, attestation and getting of a license.  

• To pass the probation for dealing with notarial activity.

For probation period for dealing with notarial activity it’s necessary to make an agreement on probation with the territorial body of justice or territorial notary chamber. Notary where you will pass the probation is approved by the decision of the with a notary chamber.  

The purpose of the probation is acquisition by the probationer of professional knowledge and practical skills on conduction of notarial acts and organization of the notary work. Program of probation at the notary assumes knowledge of theoretical and practical skills. The program duration is at least one year. 

Probation is carried out by the Single program of professional training of probationers. After completion of probation period the notary where you passed the probation makes a conclusion reflecting the execution of program of professional training by probationer. Conclusion is approved within 10 working days by notary chamber. In case of incomplete passing by the probationer of professional training program he is given additional time.   

Probation of the notary is realized for a fee. According to the Rules of payment for probation by notary probationers the amount of payment doesn’t exceed 10 MCI per month. 

• To pass attestation.

After passing probation period it’s necessary to pass attestation on the right to deal with notarial activity. Special commissions are organized in territorial bodies of justice. The commission should consist of seven members - two notaries, including the chairman of the notarial chamber, two representatives of judicial authorities, a legal scholar and two maslikhat deputies.

According to the Rules of passing an attestation by persons pretending on dealing with advocacy, for passing attestation you need to provide following documents to the territorial body of justice:

• application on passing the attestation;
• copy of identity card of RK citizen;  
• conclusion on probation;
• copy of diploma on higher legal education (notarized copy- in case of non-provision of the original for checking);
• medical references from psychiatric and substance abuse clinics;
• reference on criminal record;

If the documents are provided in incomplete or incorrect form, you will be notified about it within 5 working days. If the admission to attestation was denied, in accordance with the Law "On Notaries" you will be notified about it no later than 15 working days since the day of application submission. You may appeal the refusal in court. You will be notified about the admission to attestation in written form within 10 working days, the notice will indicate the place, time and format of the procedure.

Attestation consists of two stages- passing of computer test on the Republic of Kazakhstan legislation knowledge and checking of applicant’s knowledge on examination cards. Attestation can be passed as in Kazakh language so in Russian one.  

According to the article 7-2 of the Law "On Notaries" while attestation it’s prohibited to use special or other literature, communication tools, and other records. 

Not later than the next day, after attestation, the Commission makes reasonable decision on approval or denial of attestation. The Commission's decision can be disputed to the court. In case of attestation refusal repeated application may be submitted no earlier than in 3 months.

According to the Law "On Notaries" persons who passed qualification exams in Qualification college of the Republic of Kazakhstan justice or Qualification Commission under Superior Judicial Council, judges and persons who have been working regularly except those who were dismissed from their position for defaming misdeeds and irregularities while performance of their duties, and also state notaries are entitled to receive a license to conduct notarial activities without notarial attestation.

While getting of license one should note that according to the article 21 of the Law the territory of private notary activity within the notarial district is determined by the territorial body of justice together with notarial chamber and you are not entitled to place the premise outside the particular territory

• To get online license on dealing with notarial activity online through “electronic government portal”.

Advocate license is suspended for the period:

• the presence of the advocate in civil service;
• execution of his powers of the Parliament of the Republic of Kazakhstan, deputy of maslikhat, realizing his activity on regular or free basis, paid at the cost of budget funds;
• passage by the lawyer of urgent military service;
• suspension of the advocate's activity on the basis of his/her application submitted to the collegium of advocates.

The validity of the license to practice as an advocate shall be suspended for a specified period in cases:

• initiation of proceedings on the case on deprivation of the license to practice as an advocate - until the adoption of the decision;
• recognition of an advocate as an accused person in the commission of a crime in accordance with the law of criminal procedure - until the verdict comes into force;
• violations for unjustifiable reasons for more than thirty calendar days of the period of professional development or refusal to pass it - until the violation is eliminated, but not more than three months;
• systematic (three or more times within twelve consecutive calendar months) provision by an advocate of legal assistance guaranteed by the state which does not meet the criteria of quality of provision of legal assistance guaranteed by the state – for six months;
• systematic (three or more times during twelve consecutive calendar months) violation of requirements stipulated by the Law of the Republic of Kazakhstan "On Combating Money Laundering and Financing of Terrorism" – for six months;
• the advocate's practice along with professional, entrepreneurial or other paid activity, except for the cases when he/she is a member of the Supervisory Board of a commercial organisation, elects or appoints an arbitrator to resolve the dispute, as well as engages in teaching, research or other creative activity – for six months.

Notarial activity shall be suspended for a period of up to 6 months in the following cases:

• Initiation of legal proceedings for deprivation of the right to engage in notarial activity;
• Approval by the procurator of an indictment against a notary in a criminal case, of a protocol of criminal misconduct and of a decision to refer the criminal case to a court under the relevant article(s) of criminal law, and of the completion of a pretrial investigation by the conclusion of a procedural agreement in accordance with the procedure set out in paragraph four of article 617 of the Code of Criminal Procedure of the Republic of Kazakhstan;
• failure of the notary to notify the territorial justice body of any change in surname, name or patronymic (if any) within one month;
• violation of the territory of activity defined by the notary in accordance with this Law "On Notaries";
• violation by the notary of the legislation of the Republic of Kazakhstan in the course of notarial actions resulting in violation of the rights and legitimate interests of the state, individuals and legal entities;
• actual absence of notary's premises at the address specified in the notary's notice of the notary's commencement of notarial activity;
• failure of the notary to comply with the requirements of paragraph 4 of Article 15 of the Law "On Notaries";
• failure to comply with the restrictions set out in article 19 of the Notaries Act;
• if the notary has not started practical notary activities after three months from the date of notification of the start of notary activities;
• failure of the notary to comply with the requirement of subparagraph 11) of paragraph 1 of Article 18 of the Law "On Notaries".

Suspension of a license means a temporary cessation of ongoing activities, ban on the notarial and advocate activities. At the time of suspension of activity, a seal is handed over to the territorial body of justice.