The legal profession in kazakhstan[1]
1. The organization and structure of the legal profession 2. Permission to practise in the legal profession 3. The cost of legal services and legal aid 4. Reform of the Bar
1. The Organization and Structure of the Legal Profession
This study focuses primarily upon the organization and structure of the legal profession, that is, the function of providing legal aid to citizens and legal entities, and upon the status of the defence lawyer in the Republic of Kazakhstan. Furthermore, this study addresses the types of provision of legal services as a kind of free enterprise, as well as the legal status of practising lawyers[2]. The fundamental difference of legal aid from legal services lies in the fact that such aid is not profit-geared and due to its nature has a compensatory character (that is aimed at restoring violated rights); it is part of the mechanism to socially resolve legal conflicts involving the state and the citizen[3]. On the other hand, enterprise is defined as “the initiative activities of citizens and legal entities which, irrespective of the form of property, aim at gaining net profit by way of satisfying the demand for goods (works, services), based either on private property (private business activities) or on the right to economically manage a state venture (state business activities). Business activities are carried out on behalf, at the risk and material responsibility of the businessman”[4]. Based on these differences, legal practice in the Republic of Kazakhstan in the non-governmental sector can be carried out in several legal modes. 1.Lawyers can be in-house personnel of enterprises, agencies and organizations and according to their job description, work for their employer within the powers given to them by law. In this case the legal status of lawyers does not differ from the status of the hired workforce, is regulated by labour legislation and does not need to be specially addressed within the framework of this study. 2. Lawyers have the right to be engaged in private practice and provide legal services to physical and legal entities both individually and through creating legal companies and firms. Representation offices of international law corporations also work in Kazakhstan. Civil and tax legislation treat these activities as a kind of business activity. Документ показан в сокращенном демонстрационном режиме
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