Unofficial translation
In accordance with paragraphs 10 and 11 of Article 28 of the Law of the Republic of Kazakhstan dated July 5, 2018 “On Advocacy and Legal Assistance” and subparagraph 2) of paragraph 3 of Article 16 of the Law of the Republic of Kazakhstan dated March 19, 2010 “On State Statistics” I HEREBY ORDER:
1. To approve:
1) the form of a lawyer's report on the state-guaranteed legal assistance rendered to them in accordance with Appendix 1 to this Order;
2) the form of the consolidated report of the Bar associations on the state-guaranteed legal assistance rendered by lawyers, according to Appendix 2 to this Order.
2. Some Orders of the Ministry of Justice of the Republic of Kazakhstan shall be deemed to have lost force, according to Appendix 3 to this Order.
3. In accordance with the procedure established by legislation, the Department for Registration Service and the Organization of Legal Services of the Ministry of Justice of the Republic of Kazakhstan, shall ensure:
1) state registration of this Order;
2) within ten calendar days from the date of state registration of this Order, sending it in the Kazakh and Russian languages to the Republican State Enterprise on the Right of Economic Management "Republican Center for Legal Information" for official publication and inclusion in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
4. Control over the implementation of this Order shall be entrusted to the supervising Deputy Minister of Justice of the Republic of Kazakhstan.
5. This Order shall become effective after ten calendar days after the day of its first official publication.
|
Minister of Justice of the Republic of Kazakhstan |
M. Beketayev |
"AGREED"
Statistics Committee of the Ministry
of National Economy of the
Republic of Kazakhstan
"___" _________ 2018
| Appendix1 to Order No. 1457 of the Minister of Justice of the Republic of Kazakhstan of September 27, 2018 |
|
| The form intended for collection of administrative data |
REPORT
of a lawyer on state guaranteed legal assistance provided by him
Footnote. The form of the report as amended by order No. 656 of the Minister of Justice of the Republic of Kazakhstan dated 29.07.2021 (shall be enforced ten calendar days after the date of its first official publication).
Reporting period ________ 20___ year
Index of administrative data form: 1 - (SGLA)
Periodicity: monthly
The administrative data form is available on the Internet resource: www.gov.kz
Scope of reporting persons: lawyer
Presented to: the Bar Association
Deadline for presenting the administrative data form: no later than the 5th day of the month following the reporting month
Section 1. Information on the number of persons who received legal assistance | |||||||||
No. | Name of the indicator | Total number of people | those from rural districts | ||||||
1 | 2 | 3 | 4 | ||||||
1 | Number of persons given legal assistance in the form of oral and written advice | ||||||||
2 | Number of persons whose rights were defended in criminal proceedings, including pre-trial proceedings | ||||||||
3 | including minors | ||||||||
4 | Number of wronged individuals whose rights were represented in criminal proceedings, including pre-trial proceedings | ||||||||
5 | Number of persons whose rights were defended in administrative proceedings | ||||||||
6 | including minors | ||||||||
7 | Number of persons whose interests were represented in civil proceedings | ||||||||
8 | including claimants in cases of compensation for harm caused by the death of the breadwinner | ||||||||
9 | including claimants in disputes over work-related damage to health | ||||||||
10 | including plaintiffs in disputes on compensation for harm caused by a criminal offense | ||||||||
11 | including plaintiffs and defendants in disputes unrelated to business activity, who are | participants in the Great Patriotic War | |||||||
12 | persons equated to participants in the Great Patriotic War | ||||||||
13 | army conscripts | ||||||||
14 | persons with I and II disability groups | ||||||||
15 | old-age pensioners | ||||||||
16 | including plaintiffs in disputes for damages compensation rehabilitated in accordance with the law | ||||||||
17 | including persons whose rights were presented as an official representative-lawyer | ||||||||
18 | Total number of persons who received legal assistance (sum of lines 1, 2, 4, 5, 7) | ||||||||
Section 2. General characteristics of the work performed while providing state-guaranteed legal assistance | |||||||||
№ | Means and methods of protecting the rights and legitimate interests of persons, who applied for legal assistance | Petitions or complaints filed | Petitions or complaints satisfied | ||||||
total | including by lawyers in rural districts | total | including those filed or challenged by lawyers in rural districts | ||||||
19 |
Requests for information required for the provision of qualified legal assistance | ||||||||
20 | Petitions for procedural actions or making procedural decisions in pre-trial proceedings | ||||||||
21 | Complaints against actions (inaction) and decisions of the criminal prosecution bodies | ||||||||
22 | Complaints against the investigating judge’s ruling | ||||||||
23 | Petitions in the court of first instance | ||||||||
24 | Criminal appeals | ||||||||
25 | including in minors’ interests | ||||||||
26 | Petitions for appealing enforced court sentences, rulings under cassation procedure | ||||||||
27 | Complaints against decisions on administrative offenses cases | ||||||||
28 | Appeals on civil cases | ||||||||
*Note: the form of the lawyer's report on the state-guaranteed legal assistance provided by him shall be filled out according to the explanation given in the appendix to this form
Lawyer _______________________________________________ _______________
(full name)) (signature)
Address_______________________________________________________
E-mail address_____________________________________
____________________________________________________________
(report date) (telephone)
| Appendix to the form of report of a lawyer on state guaranteed legal assistance provided by him |
Explanation on filling out the form “Report of a lawyer on state guaranteed legal assistance provided by him”
1. This explanation determines the procedure for filling out the form intended for collecting administrative data “Report of a lawyer on state-guaranteed legal assistance provided to him” (index 1-(SGLA), frequency - monthly) (hereinafter - the Form).
2. The main task of the Form is to monitor implementation of the legislation of the Republic of Kazakhstan in providing state-guaranteed legal assistance at the expense of budget funds.
3. A lawyer providing state-guaranteed legal assistance shall report monthly through the unified legal assistance information system.
4. Indicators shall be formed according to actual data as of the 5th day of the current month.
5. The form shall be signed by the lawyer in the form of an electronic document through the unified legal assistance information system.
6. Line 1 shall indicate the number of persons who received legal advice in the form of oral and written advice.
7. Line 2 shall indicate the total number of persons, whose rights were defended in the criminal proceedings, including pre-trial proceedings, total.
8. Line 3 shall indicate the number of minors, whose rights were defended in criminal proceedings, including pre-trial proceedings.
9. Line 4 shall indicate the number of wronged persons, whose rights were represented in criminal proceedings, including pre-trial proceedings.
10. Line 5 shall indicate the number of persons whose rights were defended in administrative proceedings, total.
11. Line 6 shall indicate the number of minors whose rights were defended in administrative proceedings.
12. Line 7 shall indicate the number of persons whose interests were represented in civil proceedings, total.
13. Line 8 shall indicate the number of claimants in cases of compensation for harm caused by the death of the breadwinner.
14. Line 9 shall indicate the total number of claimants in disputes over work-related damage to health.
15. Line 10 shall indicate the total number of plaintiffs in disputes for compensation for harm caused by a criminal offense.
16. Line 11 shall indicate the number of plaintiffs and defendants in disputes unrelated to business activity, who are participants in the Great Patriotic War.
17. Line 12 shall indicate the number of plaintiffs and defendants in disputes unrelated to business activity, who are persons equated to participants in the Great Patriotic War.
18. Line 13 shall indicate the number of plaintiffs and defendants on disputes unrelated to business activity who are army conscripts.
19. Line 14 shall indicate the number of plaintiffs and defendants in disputes unrelated to business activity, who have I and II disability groups.
20. Line 15 shall indicate the number of plaintiffs and defendants in non-business disputes who are pensioners by age.
21. Line 16 shall indicate the total number of claimants in disputes on compensation for damages rehabilitated in accordance with the law.
22. Line 17 shall indicate the total number of persons whose rights were presented as an official representative-lawyer.
23. Line 18 shall indicate the total number of persons, who were given legal assistance (the sum of lines 1, 2, 4, 5, 7 is equal to the sum of the values in column 18 of the Form).
24. Line 19 shall indicate the number of requests for information required for the provision of qualified legal assistance.
25. Line 20 shall indicate the number of petitions for procedural actions or making procedural decisions in pre-trial proceedings.
26. Line 21 shall indicate the number of complaints against actions (inaction) and decisions of the criminal prosecution bodies.
27. Line 22 shall indicate the number of complaints against the investigating judge’s rulings.
28. Line 23 shall indicate the number of petitions in the court of first instance.
29. Line 24 shall indicate the number of criminal appeals, total.
30. Line 25 shall indicate the number of criminal appeals in minors’ interests.
31. Line 26 shall indicate the number of petitions for appealing enforced court sentences, rulings under cassation procedure.
32. Line 27 shall indicate the number of complaints against decisions on administrative cases.
33. Line 28 shall indicate the number of appeals on civil cases.
| Appendix 2 to Order No. 1457 of the Minister of Justice of the Republic of Kazakhstan of September 27, 2018 |
|
| The form intended for collection of administrative data |
Summary report on state-guaranteed legal assistance provided by lawyers
Footnote. The form of the report as amended by order No. 656 of the Minister of Justice of the Republic of Kazakhstan dated 29.07.2021 (shall be enforced ten calendar days after the date of its first official publication).
Reporting period ________ 20___ year
Index of administrative data form: 2 - (SGLA)
Periodicity: semi-annual, annual progressively
The administrative data form is available on the Internet resource: www.gov.kz
Scope of reporting persons: bar associations
Presented to: territorial justice body
Deadline for presenting the administrative data form: no later than July 5 and January 5
Section 1. Information on the number of persons who received legal assistance | |||||||
№ | Name of the indicator | Total number of people | those from rural districts | ||||
1 | 2 | 3 | 4 | ||||
1 | Number of persons, who were given legal assistance in the form of oral and written advice | ||||||
2 | Number of persons whose rights were defended in criminal proceedings, including pre-trial proceedings | ||||||
3 | including minors | ||||||
4 | Number of wronged persons whose rights were represented in criminal proceedings, including pre-trial proceedings | ||||||
5 | Number of persons whose rights were defended in administrative proceedings | ||||||
6 | including minors | ||||||
7 | Number of persons whose interests were represented in civil proceedings | ||||||
8 | including claimants in cases of compensation for harm caused by the death of the breadwinner | ||||||
9 | including claimants in disputes over work-related damage to health | ||||||
10 | including plaintiffs in disputes on compensation for harm caused by a criminal offense | ||||||
11 | including plaintiffs and defendants in disputes unrelated to business activity, who are | participants in the Great Patriotic War | |||||
12 | persons equated to participants in the Great Patriotic War | ||||||
13 | army conscripts | ||||||
14 | persons with I and II disability groups | ||||||
15 | old-age pensioners | ||||||
16 | plaintiffs in disputes for damages compensation rehabilitated in accordance with the law | ||||||
17 | persons whose rights were presented as an official representative-lawyer | ||||||
18 | Total number of persons who received legal assistance (sum of lines 1, 2, 4, 5, 7) | ||||||
Section 2. General characteristics of the work performed while providing state-guaranteed legal assistance | |||||||
№ | Means and methods of protecting the rights and legitimate interests of persons, who applied for legal assistance | Petitions or complaints filed | Petitions or complaints satisfied | ||||
total | including by lawyers in rural districts | total | including those filed or challenged by lawyers in rural districts | ||||
19 | Requests for information required for the provision of qualified legal assistance | ||||||
20 | Petitions for procedural actions or making procedural decisions in pre-trial proceedings | ||||||
21 | Complaints against actions (inaction) and decisions of the criminal prosecution bodies | ||||||
22 | Complaints against the investigating judge’s ruling | ||||||
23 | Petitions in the court of first instance | ||||||
24 | Criminal appeals | ||||||
25 | including in minors’ interests | ||||||
26 | Petitions for appealing enforced court sentences, rulings under cassation procedure | ||||||
27 | Complaints against decisions on administrative offenses cases | ||||||
28 | Appeals on civil cases | ||||||
Section 3. Lawyers’ participation in the provision of state-guaranteed legal assistance | |||||||
№ | Name of the indicator | total | of them in rural districts | ||||
1 | 2 | 3 | 4 | ||||
29 | Number of lawyers, participating in the system of state-guaranteed legal assistance provision as of the reporting period start | ||||||
30 | Number of lawyers, participating in the system of state-guaranteed legal assistance provision as of the reporting period end | ||||||
31 | Number of lawyers who actually provided state-guaranteed legal assistance in the reporting period | ||||||
32 | Including in the form of | legal consultancy | |||||
33 | participation in criminal proceedings | ||||||
34 | participation in administrative proceedings | ||||||
35 | participation in civil proceedings | ||||||
36 | Sum of payments in KZT | ||||||
37 | Amount due as of the reporting period end in KZT | ||||||
*Note: the form of summary report on state guaranteed legal assistance provided by lawyers shall be filled out according to the explanation in the appendix to this form
Chairman _______________________________________ __________________
(full name) (signature)
Address________________________________________________________
E-mail address _______________________________________
___________________________________________ __________________
(report date) (telephone)
| Appendix to the form of summary report of a lawyer on state guaranteed legal assistance provided by him |
Explanation on filling out the form “Summary report on state-guaranteed legal assistance provided by lawyers”
1. This explanation determines the procedure for filling out the form, intended for collection of administrative data “Summary report on state guaranteed legal assistance provided by lawyers” (index 2 - (SGLA), periodicity – on mid-year, year results) (further-the Form).
2. The main task of the Form is to monitor implementation of the legislation of the Republic of Kazakhstan in providing state-guaranteed legal assistance at the expense of budget funds.
3. The form shall be filled out on the basis of lawyers' reports on the state-guaranteed legal assistance provided by them through the unified legal assistance information system.
4. Indicators shall be formed according to the actual data no later than July 5 and January 5.
5. The form shall be signed by the chairman of the bar association presidium in the form of an electronic document through the unified legal assistance information system.
6. Line 1 shall indicate the number of persons, who were given legal assistance in the form of oral and written advice.
7. Line 2 shall indicate the total number of persons, whose rights were defended in criminal proceedings, including pre-trial proceedings, total.
8. Line 3 shall indicate the number of minors, whose rights were defended in criminal proceedings, including pre-trial proceedings.
9. Line 4 shall indicate the number of wronged persons, whose rights were represented in criminal proceedings, including pre-trial proceedings.
10. Line 5 shall indicate the number of persons, whose rights were defended in administrative proceedings, total
11. Line 6 shall indicate the number of minors, whose rights were defended in administrative proceedings.
12. Line 7 shall indicate the number of persons whose interests were represented in civil proceedings, total.
13. Line 8 shall indicate the number of claimants in cases on compensation for harm caused by the death of the breadwinner.
14. Line 9 shall indicate the total number of claimants in disputes over work-related damage to health.
15. Line 10 shall indicate the total number of plaintiffs in disputes on compensation for harm caused by a criminal offense.
16. Line 11 shall indicate the number of plaintiffs and defendants in disputes unrelated to business activity, who are participants in the Great Patriotic War.
17. Line 12 shall indicate the number of plaintiffs and defendants in disputes unrelated to business activity, who are persons equated to participants in the Great Patriotic War.
18. Line 13 shall indicate the number of plaintiffs and defendants in disputes unrelated to business activity, who are army conscripts.
19. Line 14 shall indicate the number of plaintiffs and defendants in disputes unrelated to business activity, who have I and II disability groups.
20. Line 15 shall indicate the number of plaintiffs and defendants in disputes unrelated to business activity, who are old age pensioners.
21. Line 16 shall indicate the total number of plaintiffs in disputes for damages compensation rehabilitated in accordance with the law.
22. Line 17 shall indicate the total number of persons whose rights were presented as an official representative-lawyer.
23. Line 18 shall indicate the total number of persons who received legal assistance (sum of lines 1, 2, 4, 5, 7 equal to the sum of the values in column 18 of the Form).
24. Line 19 shall indicate the number of requests for information required for the provision of qualified legal assistance.
25. Line 20 shall indicate the number of petitions for procedural actions or making procedural decisions in pre-trial proceedings.
26. Line 21 shall indicate the number of complaints against actions (inaction) and decisions of the criminal prosecution bodies.
27. Line 22 shall indicate the number of complaints against the investigating judge’s rulings.
28. Line 23 shall indicate the number of petitions in the court of first instance.
29. Line 24 shall indicate the number of criminal appeals, total.
30. Line 25 shall indicate the number of criminal appeals in minors’ interests.
31. Line 26 shall indicate the number of petitions for appealing enforced court sentences, rulings under cassation procedure.
32. Line 27 shall indicate the number of complaints against decisions on administrative offenses cases.
33. Line 28 shall indicate the number of appeals on civil cases.
34. Line 29 shall indicate the number of lawyers, participating in the system of state-guaranteed legal assistance provision as of the reporting period start.
35. Line 30 shall indicate the number of lawyers, participating in the system of state-guaranteed legal assistance provision as of the reporting period end.
36. Line 31 shall indicate the number of lawyers, who actually provided state-guaranteed legal assistance in the reporting period, total.
37. Line 32 shall indicate the number of lawyers who actually provided state-guaranteed legal assistance in the reporting period in the form of legal consultancy.
38. Line 33 shall indicate the number of lawyers who actually provided state-guaranteed legal assistance in the reporting period by participation in criminal proceedings.
39. Line 34 shall indicate the number of lawyers who actually provided state-guaranteed legal assistance in the reporting period by participation in administrative proceedings.
40. Line 35 shall indicate the number of lawyers who actually provided state-guaranteed legal assistance in the reporting period by participation in civil proceedings.
41. Line 36 shall indicate the sum of payments in KZT in figures.
42. Line 37 shall indicate the amount due as of the reporting period end in KZT in figures.
| Appendix 3 to Order of the Minister of Justice of the Republic of Kazakhstan No. 1457 of September 27, 2018, |
1. Order of the Acting Minister of Justice of the Republic of Kazakhstan No. 279 dated August 21, 2013 “On Approval of the Forms for Reports on the Provision of Legal Assistance Guaranteed by the State” (registered with the Register of State Registration of Regulatory Legal Acts under No. 8635, published on December 26, 2013 in “Kazakhstanskaya Pravda” newspaper);
2. Order of the Acting Minister of Justice of the Republic of Kazakhstan No. 426 dated July 30, 2015 “On Amendment to Order of the Acting Minister of Justice of the Republic of Kazakhstan No. 279 dated August 21, 2013 “ On Approval of the Forms for Reports on the Provision of State-Guaranteed Legal Assistance ”(registered in the Register of State Registration of Regulatory Legal Acts under No. 12293, published on November 25, 2015 in Adilet, the information legal system);
3. Order of the Minister of Justice of the Republic of Kazakhstan No. 80 of February 17, 2016 "On Amendments to Order of the Acting Minister of Justice of the Republic of Kazakhstan No. 279 of August 21, 2013 " On Approval of the Forms for Reports on the Provision of State-Guaranteed Legal Assistance "(registered in the State Register of Registration of Regulatory Legal Acts under No. 13383, published on March 11, 2016 in Adilet, the information legal system).
