Unofficial translation
In accordance with paragraph 9 of Article 28 of the Law of the Republic of Kazakhstan dated July 5, 2018 "On advocacy and legal assistance", I HEREBY ORDER:
1. To approve the attached Rules for keeping records of state-guaranteed legal assistance, by the lawyers, providing such assistance.
2. The Department of registration service and provision of legal services in the manner prescribed by law to ensure:
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. Control over the execution of this order shall be entrusted to the supervising deputy minister of justice of the Republic of Kazakhstan.
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 dated September 28, 2018 № 1465 |
The Rules for keeping records of state-guaranteed legal assistance by the lawyers,
providing such assistance
1. The Rules for keeping records of state-guaranteed legal assistance by the lawyers, providing such assistance (hereinafter referred to as the Rules), shall be developed in accordance with paragraph 9 of Article 28 of the Law of the Republic of Kazakhstan dated July 5, 2018 "On advocacy and legal assistance" and shall determine the procedure for keeping records of the state-guaranteed legal assistance, by the lawyers, providing such assistance.
2. The state-guaranteed legal assistance in the form of legal information, protection and representation of the interests of individuals and legal entities in courts, criminal prosecution bodies, other state bodies and non-state organizations, performance of other legal actions to protect legal interests of the client in cooperation with any persons who are participants in the existing or potential legal relations with the client shall be subject to keeping records of the state-guaranteed legal assistance,, provided by lawyers.
3. Keeping records of the state-guaranteed legal assistance by the lawyers, providing such assistance, shall be conducted by an attorney in the register of state-guaranteed legal assistance, by the lawyers providing such assistance, in accordance with the annex to these rules (hereinafter referred to as the register) on paper and in electronic form in the Kazakh and (or) Russian languages.
4. Information shall be included in the register on the day of application for the state-guaranteed legal assistance.
5. The register, made on paper, shall be a log that is filled in the Kazakh or Russian languages with black or blue ink and shall be numbered, stitched and sealed with a stamp of a legal advice office or a law firm, or with a stamp of the lawyer, engaged in advocacy individually without registering a legal entity. Registry cleanups using correction fluid shall not be allowed.
6. The register drawn up on paper shall be stored for three years in the office of a legal advice office, a law firm, or a lawyer, engaged in advocacy individually without registering a legal entity.
7. The information, contained in the electronic register, except for the confidential information protected by lawyer's secret, shall be entered by the lawyer into the unified legal assistance information system.
| Annex to the Rules for keeping records of state-guaranteed legal assistance by the lawyers, providing such assistance Form |
The Register of state-guaranteed legal assistance by the lawyers, providing such assistance
______________________________________________________
(name of the bar association)
______________________________________________________
(surname, name, patronymic (if available) of a lawyer)
№ | date of application of the person who applied for the state-guaranteed legal assistance |
the name and details of the document, which is the basis for provision of the state-guaranteed legal assistance | the essence of the legal issue |
the form of the rendered state-guaranteed legal assistance (protection and representation of the interests of individuals in the courts, criminal prosecution bodies, other state bodies and non-governmental organizations) |
the time period a lawyer is employed for the state-guaranteed legal assistance | the signature of a lawyer in the case of filling in the register on paper, or information on the lawyer’s EDS in the case of filling in the register in electronic form |
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