FREE
LEGAL AID IN KAZAKHSTAN
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Thus, the funding is to be ensured directly by service providers for the relevant categories of individuals and
cases. However, currently this law is a mere formality, since neither law firms, nor the board of counsels, or
individual counsels have official sources to pay to these categories. That is, de facto, they have to provide
services free of charge, without receiving any compensation for it from the budget.
Current Rates: Trend of Change
It is the responsibility and the objective of the state to provide free legal aid to citizens in the situations
envisaged by the law. The bar is the institution, the way, and the means; it is a pool of lawyers called upon to
perform this work who expect it not to be compulsory no-fee work but rather to be paid in accordance with the
Constitution, just like any other job.
The terms of remuneration of appointed counsels are regulated by Resolution of the Government of the
Republic of Kazakhstan # 1247 of August 26, 1999, On the Rules of Payment for Legal Aid Provided by
Lawyers and Reimbursement of Expenses Related to the Defense and Representation by Means of the National
Budget. The remuneration to lawyers for participation in the trial, investigation, and inquiry is governed by this
document. Pursuant to this Resolution the fee rates are determined on the basis of
1
/
21
of the minimum wage.
The minimum wage was 9,752 tenge in 2007 (currently, in 2008, this figure has risen to equal 12,025 tenge).
Thus, the legal aid fees paid from the state budget to the appointed counsels were as follows:
In 2007
Table 1
1. One hour of participation in the court, familiarization with case files, the court record, drawing
complaints –
1
/
21
of minimum wage
464.38
2. One hour meeting with the client at detention facilities – 75% of
1
/
21
of minimum wage
348.29
3. One hour of waiting for the start of the trial, as well as for the period of adjournment of the
main trial – 50% of
1
/
21
of minimum wage
232.19
In 2008
Table 2
1. One hour of participation in the court, familiarization with case files, the court record, drawing
complaints –
1
/
21
of minimum wage
572.62
2. One hour meeting with the client at detention facilities – 75% of
1
/
21
of minimum wage
429.47
3. One hour of waiting for the start of the trial, as well as for the period of adjournment of the
main trial – 50% of
1
/
21
of minimum wage
286.31