Source: IS (Information System) PARAGRAPH http://www.judicialproject.kz
Law (with amendments as of 13.02.2012)
Section 1. General provisions (Articles 1 - 6) Section 2. Status of attorney ( articles 7 - 18) Section 3. Consolidation of advocacy activities ( articles 19 - 33) Section 4. Exclusions Section 5. Final and transitive provisions (article 35)
Section 1. General provisions
Article 1. Purpose of Advocacy 1. Advocacy in the Republic of Kazakhstan is aimed to cooperate to realization of human rights to juridical protection of one’s rights, freedoms and obtainment of competent legal assistance state-guaranteed and provided by the Constitution of the Republic of Kazakhstan. 2. Advocacy manages attorneys’ activities connected with criminal defense, cases of administrative violation as well as legal representation of criminal and civil cases and administrative violation, and delivery of other types of legal assistance in order to protect and assist in realization of rights, freedoms and citizens’ legitimate interests and rights and legitimate interests of legal entities as well. Legal assistance provided by attorneys in the framework of their current advocacy cannot be considered asentrepreneurial business. 3. Lawyer activity is the qualified legal aid rendered on a professional basis by lawyers is regulated by the present Law, in order to protect and assist in the realization of the rights, freedom and legitimate interests of individuals, and also the rights and legitimate interests of legal entities.
Article 2. Advocacy Legislation of the Republic of Kazakhstan 1. Advocacy Legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan, consists of the Law and other normative legal acts of the Republic of Kazakhstan regulating advocacy. 2. In case when international agreement ratified by the Republic of Kazakhstan provides regulations variant from ones in this Law then there enforced the regulations of the international agreement. 3. Legal practice and responsibilities of attorneys connected with protection and representation in cases of natural persons and legal entities are regulated by the legislation of the Republic of Kazakhstan.
Article 3. Principles of organization and activities of advocacy Organization and activities of advocacy are based on the following principles: 1) independence of attorneys within realization of their activities; 2) realization of attorneys’ activities by methods and means permitted by the legislation; 3) inadmissibility of interference in attorneys’ activities by prosecutor’s office, courts, agencies of inquiry and preliminary investigation, other state bodies, organizations and officials except for the cases explicitly provided by the legal acts; 4) meeting of professional conduct norms and protection of advocacy privacy.
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