The procedure for termination of a license to practice law is established by the laws of the Republic of Kazakhstan.
Besides the general grounds provided for by the laws of the Republic of Kazakhstan, a license to practice law is suspended for the period of:
1) employment for civil service;
2) fulfillment of authorities of Deputy in Parliament of the RoK/ Deputy in Maslikhat on permanent or full-time basis, which are paid out of budget funds;
3) undergoing urgent military service by an attorney;
4) termination of activities by an attorney upon submission of application to the bar council.
License is terminated for a certain period in the following cases:
1) commencement of proceedings related to withdrawal of license to perform attorney activities (until a decision is made);
2) conviction of attorney as accused for crime pursuant to the criminal law (until sentence comes into legal force);
3) violation of advanced training terms for more than 30 calendar days or refusal to undergo training (until elimination of reasons but no more than 3 months);
4) regular (3 and more times within a year) delivery of government-guaranteed legal assistance that does not comply with quality criteria for delivery of government-guaranteed legal assistance (for 6 months);
5) regular (3 and more times within a year) violation of requirements stipulated by the Law of the Republic of Kazakhstan "On countermeasures against legalization (laundering) of revenues obtained through crime and intended for financing of terrorism" (for 6 months):
6) an attorney performs not only professional but also entrepreneurial or other paid activities, except cases if an attorney is included into supervisory board of commercial organization or elected/assigned as arbitrator for dispute settlement, and also performs teaching, scientific or other creative activities (for 6 months).
The termination of the license to practice law is carried out by a licensor's decision based on a statement by justice local bodies of regions, cities of republican significance, the capital and petition of the Republican and territorial bar associations.
The termination of a public notary's license is carried out under the decision of the Ministry of Justice of the Republic of Kazakhstan on the basis of statements by justice local bodies, notary chambers, prosecutor's offices.
The notary's license is terminated for up to six months in the following cases:
1) initiation of action proceeding to withdraw license to perform public notary activities;
2) preparation by a prosecutor of an indictment against a public notary in a criminal case;
Footnote. Subclause 2) as amended by the Law of the Republic of Kazakhstan as of December 27, 2021 No. 88-VII (effective from January 1, 2022 in relation to cases of particularly serious crimes investigated by investigators of the internal affairs bodies, Anti-Corruption Service and the Economic Investigation Service, including those connected with cases of other criminal offenses; from January 1, 2023 in in relation to cases of corruption crimes provided for in clause 29) of Article 3 of the Criminal Code of the Republic of Kazakhstan, including those connected with cases of other criminal offenses; from January 1, 2024 in relation to cases of other criminal offenses completed in the form of a preliminary investigation).
2-1) approval by a prosecutor of a prosecution minutes, the minutes of the accelerated pre-trial investigation, the minutes on criminal misconduct and the decision to send the criminal case to court under the relevant article (articles) of the criminal law, the end of the pre-trial investigation by concluding a procedural agreement in the manner provided for by part four of Article 617 of the Criminal Procedure Code of the Republic of Kazakhstan;
3) failure by a public notary to inform a justice local body within a month on a change of surname, name, patronymic (if any);
4) violation by a public notary of the territory of activity defined to him/her in accordance with the Law;
5) violation by a public notary of the legislation of the Republic of Kazakhstan when performing notary actions that resulted in violation of the rights and legitimate interests of the state, individuals and legal entities;
6) actual absence of a public notary's premises at the address indicated in a public notary's notification on the commencement of notary activities;
7) failure of a public notary to comply with the requirements of
clause 4 of Article 15 of the Law;
8) non-compliance with the restrictions provided for in
articles 19 and
46 of the Law;
9) if a public notary has not started to practice notary activities after three months from the date of notification on the commencement of notary activities;
10) failure by a public notary to comply with the requirements of subclause 11) of clause 1 of Article 18 of the Law.
Besides the general grounds provided for by the laws of the Republic of Kazakhstan, a notary`s license is suspended for the period of:
1) engaging in entrepreneurial or other paid activities, with the exception of cases provided for by the laws of the Republic of Kazakhstan;
2) undergoing of military service;
3) failure by a public notary to perform his/her powers on the basis of his/her application, which specifies the period of suspension.
The suspension of a public notary's license entails a ban on notary activities and the delivery of a seal by a public notary to a justice local body for the period of suspension.