On the right to receive free State-guaranteed assistance

In accordance with article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to receive qualified legal assistance. In cases stipulated by law, legal assistance is provided free of charge.

Law of the Republic of Kazakhstan "On advocacy and legal assistance" provides for the category of persons entitled to receive legal assistance.

The provision of state-guaranteed legal assistance is based on the principles of: legality; priority of rights, freedoms and legitimate interests of individuals and legal entities in need of free state-guaranteed legal assistance; equal availability and quality of state-guaranteed legal assistance; ensuring confidentiality of the issue on which state-guaranteed legal assistance is provided; effective state regulation and control over compliance persons providing state-guaranteed legal assistance.

In accordance with article 13 of the Constitution of the Republic of Kazakhstan, everyone has the right to receive qualified legal assistance. In cases stipulated by law, legal assistance is provided free of charge. The Law of the Republic of Kazakhstan "On Advocacy and Legal Assistance" (hereinafter referred to as the Law) provides for a category of persons entitled to receive legal assistance. The provision of state-guaranteed legal assistance is based on the principles of: legality; priority of rights, freedoms and legitimate interests of individuals and legal entities in need of free state-guaranteed legal assistance; equal availability and quality of state-guaranteed legal assistance; ensuring confidentiality of the issue on which state-guaranteed legal assistance is provided; effective state regulation and control over compliance persons providing state-guaranteed legal assistance. All individuals and legal entities have the right to receive free legal assistance guaranteed by the state in the form of legal information. According to Article 27 of the Law, a person in need of State-guaranteed legal assistance has the right: 1) get information about their rights, obligations and conditions for providing state-guaranteed legal assistance; 2) apply for the provision of free state-guaranteed legal assistance to the entities providing it; 3) receive state-guaranteed legal assistance in a guaranteed amount or refuse to receive it; 4) appeal against the actions (inaction) of entities providing state-guaranteed legal assistance; 5) the confidentiality of the issue on which legal assistance guaranteed by the state has been provided. Also, the right to receive free legal assistance guaranteed by the state is provided for by the norms of the Civil Procedure Code of the Republic of Kazakhstan. Article 112 of the Code of Civil Procedure provides for categories of persons entitled to receive free legal aid. If earlier the CPC provided for 4 categories of persons, now the list of persons entitled to receive free legal aid has been supplemented with 3 more categories, namely: 1) plaintiffs and defendants in disputes related to ensuring and protecting the rights and legitimate interests of minors left without parental care; 2) plaintiffs and defendants in disputes on the recovery of alimony for the maintenance of children in large families who are recoverers in the framework of enforcement proceedings on the recovery of alimony; 3) plaintiffs and defendants in disputes related to ensuring and protecting the rights and legitimate interests of victims of domestic violence in accordance with the legislation of the Republic of Kazakhstan on administrative offenses. All individuals and (or) legal entities have the right to receive free legal assistance guaranteed by the state in the form of legal information. 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: • individuals on issues of alimony recovery, pension and benefits assignment, rehabilitation, refugee or candace status, minors left without parental care; • victims of sexual violence, human trafficking, an act of terrorism or who have been subjected to torture on issues of ensuring and protecting their rights and legitimate interests related to this status or situation; • individuals on issues of compensation for damage caused by the death of the 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, old-age pensioners, on issues not related to entrepreneurial activity; • large families on issues not related to entrepreneurial activity; • low-income individuals (families) who have average per capita income per month below the poverty line established in regions, cities of republican significance, the capital, on issues not related to entrepreneurial activity. Legal assistance guaranteed by the state in the form of protection and representation of the interests of individuals in courts, criminal prosecution bodies, other state bodies and non-governmental organizations is provided in accordance with the procedure established by this Law and the legislation of the Republic of Kazakhstan: • a person brought to administrative responsibility in accordance with the legislation of the Republic of Kazakhstan on administrative offenses; • the plaintiff or the defendant in accordance with the civil procedural legislation of the Republic of Kazakhstan and the plaintiff in accordance with the legislation of the Republic of Kazakhstan on administrative proceedings; • suspect, accused, defendant, convicted, acquitted, victim in accordance with the criminal procedure legislation of the Republic of Kazakhstan. All the above-mentioned persons are entitled to receive state-guaranteed legal assistance on the territory of the Republic of Kazakhstan, regardless of their place of residence and location. In the interests of a person in need of State-guaranteed legal assistance, his representative may apply for such assistance in accordance with the procedure established by laws. Financing of state-guaranteed legal aid is carried out at the expense of budgetary funds in accordance with the procedure established by the legislation of the Republic of Kazakhstan. Subjects of guaranteed state legal assistance State-guaranteed legal assistance is provided: • state bodies free of charge in the form of legal information within their competence in the manner prescribed by the Law of the Republic of Kazakhstan "On Access to Information" • lawyers in the manner prescribed by this Law; • legal consultants in accordance with the procedure established by this Law; • notaries free of charge in the cases and in the manner prescribed by the Law of the Republic of Kazakhstan "On Notaries" • by private bailiffs free of charge in the execution of a socially significant category of cases in cases and in accordance with the procedure established by the Law of the Republic of Kazakhstan "On Enforcement Proceedings and the status of bailiffs". In cases stipulated by the laws of the Republic of Kazakhstan, legal assistance guaranteed by the State may be provided free of charge by other persons. Refusal to provide GGYUP The provision of state-guaranteed legal assistance in the form of legal information is refused if the applicant's appeal is not of a legal nature. The provision of state-guaranteed legal assistance in the form of legal advice, protection and representation is refused if there is one of the following grounds: 1. The applicant does not belong to the category of persons entitled to receive state-guaranteed legal assistance. 2. the applicant's appeal has no legal character. Refusal to provide state-guaranteed legal assistance must be motivated and may be appealed to the authorized body, the court in accordance with the procedure established by the laws of the Republic of Kazakhstan.
Дата публикации
20 октября 2023