Capital lawyers grossly violate current legislation

Ministry of Justice within the framework of control for the quality of legal assistance provided by lawyers revealed gross violations of the current legislation.

During the reconciliation,on judgments by courts and law enforcement agencies decisions on payment of legal aid, the discrepancy between the actual time worked by lawyers and duplication of time for legal assistance.

In accordance with the Rules of payment for legal aid,provided by a lawyer,for the authenticity of the above information In the application for payment, the lawyer himself is responsible, and the Bar Association carries out the verification of reports.

In this regard, the Department of Justice of Astana initiated suits in the judiciary on the termination of the licenses of lawyers. These claims are left without consideration,in view of the appeal of these lawyers to the justice authorities with the confession of their guilt.

The organizations of justice sent lists of violators to the Republican Bar Association.The Ministry of Justice repeatedly sent letters on the need for the Republican Bar Association and territorial colleges of relevant work on the ground to eliminate violations and take measures.

According to the current legislation, the Presidium of the Republican Collegium of Advocates establishes a Commission on disciplinary practice and The application of the Code of Professional Ethics for lawyers to prepare proposals and recommendations on the formation of common principles and criteria for advocacy.

However, to date, the Republican Collegium of Advocates hasn't carried out the above work and no measures are taken.

The advocate is called upon to promote the implementation of the state-guaranteed and fixed by the Constitution of the Republic of Kazakhstan human rights to judicial protection of their rights,freedoms and qualified legal assistance.

In this case, when the rights and legitimate interests of citizens are grossly violated,the advocacy should be transparent,and the college itself should be ready for an open dialogue with the society.

The Charter of the Council of European Lawyers and Law Societies contains the principles of loyalty to the client,the meaning of which lies not only in trust,but also in the prevention of compromising lawyer's profession in the work with the client.

In advocates' organizations of developed countries, the principles of openness and compliance with all ethical standards. Working with the public and the regulator in an open,timely and constructive manner is one of the main principles of the solicitors of England.

The second International principle, approved by the International Bar Association (IBA), clearly defines,that a lawyer must act honestly, fair and lawful with all who he contacts,including an authorized organization in the sphere of organization of state-guaranteed legal aid.

In this regard, we believe that the Republican Bar Association should organize a public discussion and consideration of issues of disciplinary liability of lawyers and chairmen of the collegiums,with participation of public organizations,business community and the media in accordance with the best international experience in ensuring the transparency of the activities of the Bar Associations.