On approval of the Rules for accounting state-guaranteed legal assistance in the form of legal advice provided by an attorney or legal advisor

Updated Unofficial translation

Order of the Minister of Justice of the Republic of Kazakhstan of September 28, 2018 No. 1463. Registered with the Ministry of Justice of the Republic of Kazakhstan on October 11, 2018 No. 17527.

      Unofficial translation

      Footnote. The heading - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated August 31, 2022 No. 732 (shall be enforced ten calendar days after the day of its first official publication).

      In accordance with subparagraph 12) of Article 23 of the Law of the Republic of Kazakhstan dated July 5, 2018 "On Advocacy and legal aid", I HEREBY ORDER:

      1. To approve the attached Rules for accounting state-guaranteed legal assistance in the form of legal advice provided by an attorney or legal advisor.

      Footnote. Paragraph 1 - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated August 31, 2022 No. 732 (shall be enforced ten calendar days after the day of its first official publication).

      2. The Department of registration service and provision of legal services in the manner prescribed by the law, to provide:

      1) the state registration of this order;

      2) within ten calendar days from the date of the state registration of this order, to send it in the Kazakh and Russian languages to the Republican state enterprise on the basis of 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;

      3) the placement of this order on the Internet resource of the Ministry of Justice of the Republic of Kazakhstan.

      3. The supervising deputy minister of justice of the Republic of Kazakhstan shall be entitled to control implementation of this order.

      4. This order shall enter into force upon the expiry of ten calendar days after the day of its first official publication.

      Minister M. Beketayev

  Approved
by the order of the Minister
of Justice of the
Republic of Kazakhstan
September 28, 2018
№ 1463

The Rules for accounting state-guaranteed legal assistance in the form of legal advice provided by an attorney or legal advisor

      Footnote. Rules - as amended by the Order of the Minister of Justice of the Republic of Kazakhstan dated 31.08.2022 No. 732 (shall be enforced ten calendar days after the day of its first official publication).

Chapter 1. General Provisions

      1. These Rules for accounting state-guaranteed legal assistance in the form of legal advice provided by an attorney or legal advisor (hereinafter referred to as the Rules) have been developed in accordance with subparagraph 12) of Article 23 of the Law of the Republic of Kazakhstan “On advocate practice and legal assistance” (hereinafter referred to as the Law) and shall determine the accounting procedure of state-guaranteed legal assistance in the form of legal advice provided by an attorney or legal advisor.

Chapter 2. The procedure for accounting state-guaranteed legal assistance in the form of legal advice provided by an attorney or legal advisor

      2. State-guaranteed legal assistance in the form of legal advice provided by an attorney or legal advisor shall be subject to state-guaranteed legal assistance in the form of legal advice provided to persons specified in Paragraph 2 of Article 26 of the Law.

      3. Accounting for state-guaranteed legal assistance in the form of legal advice provided by an attorney shall be kept by an attorney in the register of state-guaranteed legal assistance in the form of legal advice, in the form in accordance with Annex 1 to these Rules (hereinafter referred to as the Register) in electronic media in Kazakh or Russian languages.

      4. Accounting for state-guaranteed legal assistance in the form of legal advice provided by a legal advisor shall be maintained by a legal advisor in the register of state-guaranteed legal assistance in the form of legal advice, in the form in accordance with Annex 2 to these Rules in electronic media in Kazakh or Russian languages.

      5. Information shall be included in the register on the day a person applies for state-guaranteed legal assistance in the form of legal advice.

      6. The information contained in the electronic register, except for confidential information protected by an attorney's secret or a secret legal advisor, shall be entered by an attorney or legal advisor into a unified legal assistance information system.

  Annex 1
to the Rules for accounting
state-guaranteed legal assistance
in the form of legal advice,
provided by an attorney
or legal advisor

      Register of state-guaranteed legal assistance in the form of legal advice provided by a legal advisor

      ___________________________________________________________________________

      (name of the chamber of legal advice)

      ___________________________________________________________________________

      (last name, first name, patronymic (if any) of a legal advisor)

      Register of state-guaranteed legal assistance in the form of legal advice provided by an attorney

      ___________________________________________________________________________

      (name of the collegium of advocates, legal advice office, law office)

      ___________________________________________________________________________

      (last name, first name, patronymic (if any) of an attorney)

No.

surname, name, patronymic (if any), details of an identity document, date of application of a person who applied for state-guaranteed legal assistance in the form of legal advice

name and details of the document, which is the basis for the provision of state-guaranteed legal assistance in the form of legal advice

the essence of the legal issue

the form of state-guaranteed legal assistance provided in the form of legal advice (providing oral or written advice, drawing up an application, complaint, petition and other legal documents)

length of time the attorney is employed in connection with the provision of state-guaranteed legal assistance in the form of legal advice

information about the attorney's digital signature

information about the electronic digital signature of an individual

1

2

3

4

5

6

7

8


  Annex 2
to the Rules for accounting
state-guaranteed legal assistance
in the form of legal advice,
provided by an attorney
or legal advisor

No.

surname, name, patronymic (if any), details of an identity document, date of application of a person who applied for state-guaranteed legal assistance in the form of legal advice

name and details of the document, which is the basis for the provision of state-guaranteed legal assistance in the form of legal advice

the essence of the legal question

the form of state-guaranteed legal assistance provided in the form of legal advice (providing oral or written advice, drawing up an application, complaint, petition and other legal documents)

duration of employment of a legal advisor in connection with the provision of state-guaranteed legal assistance in the form of legal advice

information about the electronic digital signature of a legal advisor

information about the electronic digital signature of an individual

1

2

3

4

5

6

7

8


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