According to 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 categories 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 legal assistance guaranteed by the state; equal access and quality of state-guaranteed legal assistance; ensuring confidentiality of the issue in which state-guaranteed legal assistance is provided; monitoring compliance with the requirements of legislation by persons providing state-guaranteed legal assistance, effective state regulation.
All individuals and legal entities have the right to receive state-guaranteed legal assistance free of charge in the form of providing legal information.
In accordance with Article 27 of the law, a person in need of legal assistance guaranteed by the state:
1) receive information about their rights, obligations and conditions for providing state-guaranteed legal assistance;
2) to apply for the provision of free legal assistance to persons providing state-guaranteed legal assistance;
3) Receive or refuse to receive state-guaranteed legal assistance in accordance with the procedure provided for by the legislation of the Republic of Kazakhstan;
4) appeal against the actions or omissions of persons providing state-guaranteed legal assistance in accordance with the procedure provided for by this law and the legislation of the Republic of Kazakhstan;
5) confidentiality of the issue in which state-guaranteed legal assistance is provided.
Also, the provision of state-guaranteed legal assistance is indicated by the norms of the Civil Procedure Code of the Republic of Kazakhstan. (hereinafter referred to as the APK) changes have been made.
In particular, Article 112 of the APC provides for the category of persons entitled to free legal assistance.
If earlier the APC provided for 4 categories, now the list of persons entitled to free legal assistance has been replenished with 3 more categories, which are:
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 from large families who are the 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 state-guaranteed legal assistance free of charge in the form of providing legal information.
State-guaranteed legal assistance in the form of legal advice:
* individuals, minors left without parental care on the issues of collecting alimony, assigning pensions and benefits, rehabilitation, obtaining refugee or blood status;
* victims of sexual violence, human trafficking, terrorist acts or victims of torture on issues related to ensuring and protecting their rights and legitimate interests, depending on their status or status;
* to individuals on issues of compensation for damage caused by the death of the breadwinner;
* to individuals on issues of compensation for damage caused by work-related health damage or caused by a criminal offense;
* Participants of the Great Patriotic War, persons equated by benefits to participants of the Great Patriotic War, as well as veterans of hostilities on the territory of other states, military personnel in periodic service, persons with disabilities of the first and second groups, pensioners by age, to individuals on issues not related to entrepreneurial activity;
* large families on issues not related to entrepreneurial activity;
* average monthly per capita income on issues not related to entrepreneurial activity is provided to low-income persons (families) below the established poverty line in regions, cities of Republican significance, the capital in accordance with the procedure established by this law and the legislation of the Republic of Kazakhstan.
State-guaranteed legal assistance in the form of protection and representation of the interests of individuals in courts, criminal prosecution bodies, other state bodies and non-state organizations:
* A person brought to administrative responsibility in accordance with the legislation of the Republic of Kazakhstan on administrative offenses;
• To the plaintiff or the defendant in accordance with the Civil Procedure legislation of the Republic of Kazakhstan and to the plaintiff in accordance with the legislation of the Republic of Kazakhstan on administrative proceedings;
* In accordance with the Criminal Procedure legislation of the Republic of Kazakhstan, the suspect, the accused, the defendant, the convicted person, the acquitted person, the victim in accordance with the procedure established by this law and the legislation of the Republic of Kazakhstan.
• All the above-mentioned persons have the right to receive state-guaranteed legal assistance in 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 law.
* Financing 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.
Subjects of guaranteed legal assistance
State-guaranteed legal assistance:
• state bodies in the form of providing legal information within their competence in accordance with the procedure established by the law of the Republic of Kazakhstan "on access to Information" free of charge;
* lawyers in accordance with the procedure established by this law;
* Legal Consultants in accordance with the procedure established by this law;
• notaries free of charge in cases and in accordance with the procedure established by the law of the Republic of Kazakhstan " on notaries;
* private bailiffs, 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", free of charge when executing a category of socially significant cases.
In cases stipulated by the laws of the Republic of Kazakhstan, other persons may provide state-guaranteed legal assistance free of charge
Refusal to specify the MCZC
The applicant is refused to provide state-guaranteed legal assistance in the form of providing legal information if the appeal is not of a legal nature.
When one of the following grounds:
1. if the applicant does not belong to the category of persons entitled to receive state-guaranteed legal assistance;
2.The applicant shall be refused to provide state-guaranteed legal assistance in the form of legal advice, protection and representation, unless the appeal is of a legal nature.
Refusal to provide state-guaranteed legal assistance must be motivated and may be appealed to the authorized body and court in accordance with the procedure established by the laws of the Republic of Kazakhstan.