The legal profession in Kyrgyzstan[1]
1. The organization and structure of the legal profession 1.1. Professional organizations of lawyers 1.2. Forms of organizing the legal practice
2. Obtaining the right to practise law 2.1. Obtaining permission to sit an examination for the right to engage in advocacy 2.2. The procedure of conducting a qualifying examination for the right to engage in advocacy 2.3. Suspension and withdrawal of the defence lawyer’s licence granting the right to engage in advocacy
3. The cost of legal services and legal aid 3.1. The level of payment to defence lawyers for providing free legal aid and procedure of paying for defence lawyers’ work 3.2. The level of payment for free legal aid
4. Reforms in the sphere of providing legal aid 4.1. Reforms of the Bar 4.2. Reforms of provision of legal aid guaranteed by the state 1. The organization and structure of the legal profession
Representatives of the legal profession[2] in the Kyrgyz Republic at present can be divided into two groups: 1. defence lawyers; 2. self-employed lawyers[3].
Such a situation developed after Kyrgyzstan had gained its independence and changed the legislation regulating these issues. The defence lawyers and self-employed lawyers in Kyrgyzstan differ in the following: - depending on access to the profession: · a citizen of the Kyrgyz Republic who has a licence granting the right to engage in advocacy can be a defence lawyer; to be permitted to practise the profession a candidate must pass a qualifying examination to have the right to engage in advocacy[4]; · to engage in private practice it is sufficient to have a state-recognized higher degree in law. The law does not establish any additional requirements.
- depending on permission to be involved in particular categories of cases: · in criminal cases, during investigation only defence lawyers are permitted to carry out the defence. In court, close family members and legitimate representatives of the defendant can be allowed to be involved as defenders[5]; · self-employed lawyers cannot carry out defence in criminal cases; however, the law does not preclude them from giving legal advice on this category of cases.
-depending on guarantees of independence in engaging in professional activities: Документ показан в сокращенном демонстрационном режиме
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