FREE
LEGAL AID IN KAZAKHSTAN
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with the representation (Part 1 Article 114, Code of Civil Procedure). However, the law determines the cases
when the court must release the person, upon the application of the latter, fully or partially, from payment
for legal aid and compensation of the costs related to representation and put them on the expense account
of the state:
1. when considering disputes about compensation for harm caused by the death of a breadwinner,
physical injury, or other injury to
health affecting the work; and
2. when considering disputes not related to business activities, where the plaintiffs or defendants were
participants in the Great Patriotic War or persons equated to them, active duty military people, the
disabled persons of groups I and II, and the retired by age (Article 114.1, Code of Criminal Procedure;
Article 6.1.1-2, Law on Legal Practice).
This list is believed to be quite small as the above provisions, being the “legacy” of the Soviet Code of Civil
Procedure of the Kazakh Soviet Republic, take no account of the changes associated with Kazakhstan’s
transition towards the market economy since the early 1990s, not to mention the ongoing significant changes
in the economy, property relations, production, trade, banking, and insurance activities, as well as other
areas of entrepreneurial and business activity. All this requires a broad legal outlook, in-depth knowledge
of legislation and law enforcement practices. Consequently, it is difficult to handle a civil case without the
assistance of a qualified lawyer. A particular difficulty arises for the cases where another party is represented
by the state or a legal entity (for example, the appeals regarding the size of pension, denial in providing social
benefits, provision of public housing, etc.), because in that situation any individual is initially legally weaker
than his or her counterpart. But not everyone has the opportunity to seek legal aid due to the lack of necessary
financial means to pay for the lawyer’s services. Therefore, I believe that the list specified in Article 114 of the
Code of Civil Procedure should be expanded to include cases of dispute where one of the parties is the state
represented by its bodies and officials or other legal entities.
A specific feature of civil representation is that alongside the counsels the representation may be performed by
other persons (Article 59.2-7 Code of Civil Procedure). In this connection it should
be mentioned that the law
does not provide for the payment and compensation for the representation delivered by such other persons
while the procedures are outlined in terms of lawyers. (Article 111, Code of Civil Procedure).
In contrast with criminal and administrative proceedings, civil litigation requires the legal aid seekers to
substantiate their applications for exemption from paying lawyers’ fees by accompanying them with the
relevant documents and other proofs of their eligibility to benefit from free legal aid.
Upon consideration of the application, the judge – or the court – passes a justified ruling either on full or
partial release of the citizen from payment for the legal aid and compensation of the costs associated with
representation, or on the refusal to grant the application. The court’s ruling about the full or partial exemption
from payment of lawyer’s fees and costs compensation must be immediately forwarded to the bar association
that will provide a lawyer for this judicial process within the period established by the court. The legal aid for
the services rendered by the lawyer in that case would be paid from the state budget pursuant to the relevant
court ruling.