Pro bono in Kazakhstan

Pro bono in Kazakhstan

The existence of an effective legal mechanism that ensures the access of citizens of the country to qualified legal assistance is one of the fundamental signs of a rule of law state. In his election program, President of the Republic of Kazakhstan Kassym-Jomart Tokayev noted an important role in the continuation of the social policy initiated by Elbasy Nursultan Nazarbayev aimed at expanding the coverage of the needy segments of the population with social assistance.

Today, the Department of Justice of the North Kazakhstan Region pays special attention to the issue of providing social, including legal assistance to citizens in need. Therefore, open days and reception of citizens are held in the Department on an ongoing basis, where every resident of the region can receive free legal assistance. Specialists of the Department conduct consultations, explain certain norms of the law on which residents have applied.
However, not everyone knows that in Kazakhstan, the Law "On Advocacy and Legal Assistance" provides for comprehensive social legal assistance - CSUP or Pro bono. This type of legal assistance was first introduced in Kazakhstan in 2018.
The purpose of Pro bono is to provide social assistance to citizens in need in the form of legal information, legal advice, protection and representation of the interests of individuals, as well as performing other legal actions to protect the legitimate interests of citizens.
Who can use pro bono?
In accordance with Article 19 of this law, the CSL should be understood as providing, in accordance with the contract, gratuitous legal assistance to persons in a difficult life situation, persons entitled to targeted social assistance, participants of the Second World War and persons equated to them, disabled people of the first and second groups, old-age pensioners, the elderly and disabled people living in medical and social institutions, other persons in a difficult social and financial situation, consisting in legal support of the client from the moment of his request for legal assistance until the final legal decision on the case (resolution of the legal situation) is made in accordance with the procedure provided for by the laws of the Republic of Kazakhstan.
The main difference between pro bono and state-guaranteed legal assistance is its implementation on a voluntary basis. This is a right, but not a duty of a lawyer or legal adviser. At the same time, having taken up the provision of comprehensive social legal assistance, a lawyer or legal consultant must bring it to a complete resolution of the legal situation - before making a final decision, without stopping halfway.
Pro bono is absolutely free of charge, it is not paid by either the client or the state.
Comprehensive social legal assistance can be provided in the form of:
1) legal information;
2) legal advice;
3) performing other legal actions to protect the rights and legitimate interests of persons who have applied for free legal assistance, in cooperation with any persons who are participants in existing or possible legal relations with the person who has applied for assistance.
It should be noted that comprehensive social legal assistance is not provided for disputes related to entrepreneurial activity in the framework of civil proceedings.
Citizens belonging to the above categories can apply to the Bar Association of the North Kazakhstan Region, the Chamber of Legal Consultants of the North Kazakhstan Region "Femida", the "Independent Chamber of Legal Consultants of the North Kazakhstan Region", or to the Department of Justice of the North Kazakhstan region.