On approval of the Model Charter of the Chamber of Legal Advisors

Order of the Minister of Justice of the Republic of Kazakhstan of September 28, 2018 No. 1464. Registered with the Ministry of Justice of the Republic of Kazakhstan on October 25, 2018 No. 17604.

      Unofficial translation

      In accordance with subparagraph 13) of Article 23 of the Law of the Republic of Kazakhstan “On Advocacy and Legal Assistance” as of July 5, 2018, I hereby ORDER:

      1. To approve the appended Rules for the payment for state-guaranteed legal assistance provided by a lawyer, and reimbursement of expenses related to legal advice, advocacy and representation, as well as the conduct of conciliation procedures.

      2. In accordance with the procedure established by the legislation of the Republic of Kazakhstan, the Department of Registration Service and Provision of Legal Services shall:

      1) ensure state registration of this resolution;

      2) within ten calendar days of the state registration of this order, send it in Kazakh and Russian to the Republican State Enterprise with the Right of Economic Management “Republican Center of Legal Information” for its official publication and inclusion into the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;

      3) place this order on the official website of the Ministry of Justice of the Republic of Kazakhstan.

      3. Control over execution of this order shall be entrusted to the supervising Deputy Minister of the Republic of Kazakhstan.

      4. This order shall take effect ten calendar days after its first official publication.

      Minister M. Beketayev

      “AGREED”
General Prosecutor’s Office
of the Republic of Kazakhstan
“___”_________ 2018

      “AGREED”
Supreme Court
of the Republic of Kazakhstan
“___”_________ 2018

      “AGREED”
Ministry of Finance
of the Republic of Kazakhstan
“___”_________ 2018

      “AGREED”
Civil Service and Anti-Corruption Agency
of the Republic of Kazakhstan
“___”_________ 2018

      “AGREED”
National Security Committee
of the Republic of Kazakhstan
“___”_________ 2018

      “AGREED”
Ministry of Internal Affairs
of the Republic of Kazakhstan
“___”_________ 2018

  Approved
by Order № 1462 of the
Minister of Justice of the
Republic of Kazakhstan as of
September 28, 2018

Rules for the payment for state-guaranteed legal assistance provided by a lawyer, and reimbursement of expenses related to legal advice,
advocacy and representation, as well as the conduct of conciliation procedures

Chapter 1. General provisions

      1. These Rules for the payment for state-guaranteed legal assistance provided by a lawyer, and reimbursement of expenses related to legal advice, advocacy and representation, as well as the conduct of conciliation procedures (hereinafter referred to as the Rules) are developed in accordance with subparagraph 13) of Article 23 of the Law of the Republic of Kazakhstan “On Advocacy and Legal Assistance” as of July 5, 2018 and specify the procedure for the payment for state-guaranteed legal assistance provided by a lawyer, and reimbursement of expenses related to legal advice, advocacy and representation, as well as the conduct of conciliation procedures.

      2. The following types of legal assistance provided by a lawyer shall be paid for with public funds:

      1) legal advice to individuals in the cases provided for by paragraph 2 of Article 26 of the Law;

      2) advocacy for and representation of individuals in the cases provided for by part three of Article 67, parts three, four, five and six of Article 68, part two of Article 76, part two of Article 174, part four of Article 428, part six of Article 478, Article 495 of the Criminal Procedure Code of the Republic of Kazakhstan;

      3) advocacy for individuals in cases provided for by Article 749 and parts two, three, four, five and six of Article 750 of the Code of the Republic of Kazakhstan “On Administrative Offences”;

      4) representation of individuals in the cases provided for by Articles 112 and 325 of the Civil Procedure Code of the Republic of Kazakhstan.

Chapter 2. The procedure for the payment for state-guaranteed legal assistance provided by a lawyer, and reimbursement
of expenses related to legal advice, advocacy and representation, as well as the conduct of conciliation procedures

      3. The territorial justice authority shall pay state-guaranteed legal aid and reimbursement of expenses, related to legal advice, protection and representation, as well as conciliatory procedures, lawyers who have entered into agreements on the provision of state-guaranteed legal assistance through a unified information system of legal assistance, on the basis of a lawyer's application for payment of legal aid guaranteed by the state, counsel and reimbursement of legal advice, protection and representation costs, as well as carrying out conciliatory procedures, at the expense of budgetary funds in the form, in accordance with Annex 2 to these Rules (hereinafter referred to as the Application).

      Footnote. Paragraph 3 - in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 31.08.2021 № 758 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      4. A lawyer's application for payment of legal assistance provided by a lawyer guaranteed by the state and reimbursement of expenses related to legal advice, protection and representation, as well as conciliation procedures, at the expense of budgetary funds, shall be drawn up in a unified legal assistance information system with the following documents attached:

      1) acts on the work performed by a lawyer on legal advice, drawn up on the basis of the register, which shall indicate:

      surname, first name and patronymic (if any) of the lawyer;

      the number of individuals who received free legal assistance;

      the number of oral or written legal consultations;

      the number of written documents of a legal nature drawn up;

      total number of hours of legal assistance;

      attorney's signature;

      2) resolutions of criminal investigation agencies, courts and agencies (officials) authorized to hear cases on administrative offences, civil court decisions on the appointment of a lawyer;

      3) decisions of the bodies conducting the criminal process, courts and bodies (officials) authorized to consider cases of administrative offenses, as well as definitions of the courts authorized to consider civil cases on the release of a person in need of legal assistance from its payment and reimbursement of expenses related to protection or representation, and the allocation of amounts to be paid at the expense of budgetary funds, which shall indicate:

      position, surname, first name and patronymic (if any) of the person who made the decision;

      the name of the case, the date of the decision;

      data on the identity of the person exempted from payment of legal aid and reimbursement of expenses related to protection and representation;

      Article of the Criminal Code of the Republic of Kazakhstan and the category of criminal offense in which a person shall be suspected or accused, or article of the Code of the Republic of Kazakhstan "On Administrative Offenses," which shall provide for bringing a person to administrative responsibility;

      a preventive measure in a criminal case or a measure to ensure proceedings in an administrative offense case (delivery to the place of drawing up a protocol on an administrative offense, or administrative detention or drive);

      date of re-qualification of the actions of the suspect, accused, defendant;

      grounds for exemption from payment of legal aid and reimbursement of expenses related to protection and representation;

      surname, first name and patronymic (if any) of the lawyer, number and date of the written notice of the defense (representation) of the lawyer certifying his authority to defend (representation);

      place, date, time of the beginning and end of the proceedings in which the lawyer took part;

      the length of the waiting time for the start of a procedural action appointed with the participation of a lawyer or the continuation of the procedural action in the event of its deposition (if such facts occurred), indicating the date, time;

      the length of the waiting time for the start of the trial or the continuation of the trial in the event of its deposition (if such facts occurred);

      the duration of the time for the lawyer to familiarize himself with the case file;

      duration of familiarization at any stage of the process with the materials of a criminal or civil case, or cases of an administrative offense, including a protocol of detention of a person, brought to criminal or administrative responsibility by a decree on the application of a preventive measure, with the minutes of procedural actions carried out with the participation of the lawyer and his client, with documents that were presented or should have been presented to his client, as well as with court records;

      the length of time for the client's lawyer to advise on the development of a line of defense and issues that arose during the proceedings;

      the duration of the discussion of the issue of concluding a procedural agreement, the preparation by a lawyer of statements, petitions, procedural agreements, agreements on achieving reconciliation by mediation, complaints about actions (inaction) and decisions of the interrogator, investigator, prosecutor and court, private appeals, cassation and other complaints, objections to appeals, cassation and other complaints, amicable agreements, agreements on the settlement of the dispute (conflict) by mediation or agreement on the settlement of the dispute by way of a participatory procedure, withdrawal (objections) to a civil claim (statement of claim) in defense and in the interests of the client, as well as comments on the minutes of the court session;

      the number of working days of a business trip related to the departure of a lawyer to another area for legal assistance;

      surname, first name, patronymic (if any) of the lawyer and details of his bank account;

      4) definitions of judges or courts in civil cases, on the exemption of a person in need of legal assistance from its payment and reimbursement of expenses related to protection or representation, and the allocation of amounts to be paid from budgetary funds, which shall indicate:

      name of the court, surname, first name and patronymic (if any) of the judge who issued the ruling or ruling;

      name, place and date of consideration of the case;

      surname, first name, patronymic (if any) of a person exempted from payment of legal aid and reimbursement of expenses related to protection and representation;

      grounds for exemption from payment of legal aid and reimbursement of expenses related to protection and representation;

      surname, first name and patronymic (if any) of the lawyer, number and date of the written notice of the defense (representation) of the lawyer certifying his authority to defend (representation);

      date, time of the beginning and end of the proceedings in which the lawyer took part;

      duration of familiarization of the lawyer with the case materials;

      the date and duration of the court hearings in which the lawyer took part;

      the length of the waiting time for the start of the court session or the continuation of the court session in the event of its deposition (if there are facts);

      the duration of the time for the lawyer to draw up applications, petitions, withdrawal (objections) to a statement of claim, private, appeal, cassation and other complaints, objections to appeals, cassation and other complaints, amicable agreements, agreements on the settlement of a dispute (conflict) by mediation or an agreement on the settlement of a dispute by way of a participatory procedure in the interests of the principal, as well as comments on the minutes of the court session;

      the number of working days of a business trip related to the departure of a lawyer to another area for legal assistance;

      surname, first name, patronymic (if any) of the lawyer and details of his bank account.

      Footnote. Paragraph 4 as amended by order of the Minister of Justice of the Republic of Kazakhstan dated 31.08.2021 № 758 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      5. The lawyer’s business trip expenses related to advocacy and representation in the cases specified in subparagraphs 2), 3), 4) of paragraph 2 of these Rules in accordance with the Law are subject to compensation with public funds.

      6. In the cases specified in paragraph 2 of these Rules, the amount to be paid at the expense of budgetary funds for the participation of a lawyer in a specific case is calculated by a lawyer taking into account the time:

      1) the period of waiting for the commencement of a procedural action or a court hearing, the running of which starts from the lawyer’s appearance at the time specified in the notification of the relevant body, in case the lawyer was not involved in other cases at that time;

      2) the period of waiting for the continuation of the procedural action of a court hearing in case of its adjournment for another time or till another day, but not more than one day, if the lawyer did not provide other types of legal assistance to other persons at that time;

      3) the period of familiarization, in the course of pre-trial investigation or after the criminal case’s submission to court, but prior to the case consideration in main court proceedings, of either a civil case or an administrative case, including a report on detention of a person held criminally or administratively liable, a decision on a pretrial restraint, records of legal procedural actions that involved a defense counsel and his/her client, with documents presented or should have been presented to his/her client, as well as with transcripts of court hearings;

      4) visits to the defendant that is under house arrest or in detention, to develop a line of defense or to give legal advice on issues that arose in the course of proceedings, the running of which starts from the moment a lawyer presents a permit to visit his/her defendant until the lawyer receives a statement issued by a detention center or temporary detention center about his/her visit to the client, or a lawyer’s visit to a convict serving a sentence in a penitentiary institution paid in order to provide legal assistance in accordance with the legislation of the Republic of Kazakhstan, the running of which starts from a relevant entry made in the Register of visitors to the penitentiary institution in accordance with the form approved by Order № 63 fou of the Minister of Internal Affairs of the Republic of Kazakhstan as of April 12, 2017 (registered in the Reference Control Bank of the RK RLA in electronic form under № 15120 on May 12, 2017) until receipt of a statement issued by a relevant institution about the lawyer’s meeting with the convict;

      5) a visit to a defendant kept in administrative detention to develop a line of defense or to give legal advice on issues that arose in the course of proceedings;

      6) drafting of applications, petitions, withdrawals (objections to) of a statement of claim, special appeals, cassation and other complaints, objections to appeals, cassation and other complaints, settlement agreements, agreements on the settlement of a dispute (conflict) through mediation or an agreement on the settlement of a dispute under participative procedure in the interests of the client, as well as comments on a court hearing transcript.

      Footnote. Paragraph 6 as amended by the introduction of the order of the Minister of Justice of the Republic of Kazakhstan dated 31.08.2021 № 758 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      7. The duration of the lawyer’s work at his/her meeting with a detained suspect or accused, or with a person kept in administrative detention, brought to an internal affairs agency (police), shall be calculated based on statements issued by pretrial detention centers, temporary detention centers or special reception centers of internal affairs agencies.

      8. If a lawyer provides legal assistance in a particular case requiring his/her departure to another locality, it is necessary to pay for a full working day, regardless of the duration of procedural actions, court proceedings, in case he/she was not involved in other cases on that day.

      9. If a person held criminally or administratively liable refuses from an appointed lawyer, it is necessary to pay for the time the lawyer spent on familiarization with the case materials at any stage of the process, on legal assistance provided during a visit, including his/her drafting of applications, petitions, withdrawals (objections to) of a statement of claim, special appeals, cassation and other complaints, objections to appeals, cassation and other complaints, settlement agreements, agreements on the settlement of a dispute (conflict) in through mediation or an agreement on the settlement of a dispute under participative procedure in the interests of the client, as well as comments on a court hearing transcript, on the procedural implementation of such a refusal, the lawyer’s business trip expenses.

      10. Resolution on payment of legal aid and reimbursement of lawyer's expenses related to defense and representation at the stages of pre-trial proceedings in a criminal case, is issued on the basis of a lawyer's application within three business days from the date of receipt of the lawyer's application and is handed over or sent to him on paper or in the form of an electronic document through a single information system of legal assistance on the day of its issuance, and if the duration of the order is more than one month - not later than the last working day of each month.

      Resolution on payment of legal aid to a person brought to administrative responsibility, and the reimbursement of the lawyer's expenses related to the defense shall be made on the basis of the lawyer's application within three working days from the date of receipt of the lawyer's application and is handed over or sent to him in writing or in the form of an electronic document through the unified information system of legal assistance on the day of its issuance in the case of an administrative offense. This decision may be made at the request of the lawyer and after the adoption of the relevant decision.

      The decision on payment of legal aid rendered to the suspect, accused, defendant, convicted, acquitted or victim, and reimbursement of expenses related to the defense and representation in the criminal case considered by the court, shall be made on the basis of a lawyer's application and handed over or sent to him on paper or in the form of an electronic document through a unified legal aid information system on the day of the verdict or other judicial act. In exceptional cases, with a continuous duration of the trial over one month, court orders are issued monthly.

      The court's decision on the payment of legal assistance in a civil case and reimbursement of expenses related to representation is made on the basis of a lawyer's application within three working days from the date of receipt of the lawyer's application and shall be handed over to him in writing or in the form of an electronic document through a single information system of legal assistance on the day of its issuance.

      One copy of the decision or determination on a specific case shall be attached to the materials of the relevant case, the second copy is issued or sent on paper or in the form of an electronic document through the unified information system of legal assistance to a lawyer on the day of its issuance, the third copy is sent to the Bar no later than the next day after its issuance.

      In the application for payment of legal assistance and reimbursement of expenses related to the defense and representation, the lawyer indicates a detailed calculation of the time spent by him to provide legal assistance in a specific case, as well as travel expenses. The lawyer shall be responsible for the unreliability of the information specified in the application in accordance with the Law.

      Footnote. Paragraph 10 - in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 31.08.2021 № 758 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      11. Based on the results of the provision of legal assistance, the lawyer shall draw up an application for payment of legal assistance guaranteed by the state and reimbursement of expenses related to legal advice, protection and representation, as well as the conduct of conciliatory procedures and sends it through the unified legal assistance information system to the territorial justice body, to which the documents specified in paragraphs 1) to 4) of paragraph 4 of these Rules shall be attached.

      Footnote. Paragraph 11 - as amended by order of the Minister of Justice of the Republic of Kazakhstan dated 31.08.2021 № 758 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      12. The territorial justice body based on the results of checking the compliance of the lawyer's application with the data, specified in the acts on the work performed on legal advice, resolutions or definitions, shall draw up an act of reconciliation monthly in any form through a unified information system of legal aid, the work performed by the lawyer with a breakdown by types of legal assistance with an indication of the amount of payment and makes a transfer to the bank account of the lawyer of the amount, to be paid to a lawyer by type of legal aid and category of criminal offences, no later than the 15th day of the month following the reporting month, and for December - not later than the 20th day of the reporting month.

      If the facts of non-compliance with the information specified in the lawyer's application, acts on the work performed on legal advice, resolutions or definitions with the requirements provided for by paragraphs 3) and 4) of paragraph 4 of these Rules are found, the territorial justice body shall return them to the lawyer to correct arithmetic and other errors and descriptions.

      Footnote. Paragraph 12 -in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 31.08.2021 № 758 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

      13. Financing of funds to be paid to lawyers on applications submitted through the unified information system of legal assistance after December 20 of this year shall be carried out at the expense of the republican budget allocated next year.

      Footnote. Paragraph 13 - in the wording of the order of the Minister of Justice of the Republic of Kazakhstan dated 31.08.2021 № 758 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

  Appendix 1
to the Rules for the payment for
state-guaranteed legal assistance
provided by a lawyer, and
reimbursement of expenses related
to legal advice, advocacy and
representation, as well as the
conduct of conciliation procedures

REQUEST
for the payment for state-guaranteed legal assistance provided by a lawyer, and reimbursement of expenses related to legal advice,
advocacy and representation, as well as the conduct of conciliation procedures, with public funds for _______________ 20 _____
(month)

      Footnote. Annex 1 as excluded by the order of the Minister of Justice of the Republic of Kazakhstan dated 31.08.2021 № 758 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).

  Appendix 2
to the Rules for the
payment for state-guaranteed legal
assistance provided by a lawyer,
and reimbursement of expenses
related to legal advice, advocacy
and representation, as well as the
conduct of conciliation procedures
  Form

LAWYER’S APPLICATION
for the payment for state-guaranteed legal assistance provided by a lawyer, and reimbursement of expenses related to legal advice,
advocacy and representation, as well as the conduct of conciliation procedures, with public funds for _______________ 20 _____
(month)
_____________________________________________________
(the last and first names, patronymic (if any)

№№

Types of legal assistance provided by lawyers

Number of recipients of legal assistance

Number of rulings

Number of hours

Amount payable

Total amount payable

1.

Provision of legal assistance in the form of legal advice






2.

Provision of legal assistance in criminal cases at the pre-trial stage as a defense counsel of a suspect, an accused
 

on particularly serious criminal offenses






on serious criminal offenses





on criminal offenses of low and medium severity and criminal infractions





3.

Provisions of legal assistance in criminal cases at the pre-trial stage for participation as a representative of a complainant

on particularly serious criminal offenses






on serious criminal offenses





on criminal offenses of low and medium severity and criminal infractions





4.

Provision of legal assistance in criminal cases in courts as a defense counsel
of a defendant, a convict

on particularly serious criminal offenses






on serious criminal offenses





on criminal offenses of low and medium severity and criminal infractions





5.

Provision of legal assistance in criminal cases in court as a representative of a complainant

on particularly serious criminal offenses






on serious criminal offenses





on criminal offenses of low and medium severity and criminal infractions





6.

Provision of legal assistance in administrative offense cases






7.

Provision of legal assistance in civil cases

Article 112 of the Civil Procedure Code of the Republic of Kazakhstan






Article 325 of the Civil Procedure Code of the Republic of Kazakhstan





8.

Total






9.

Reimbursement of expenses related to advocacy, legal advice, advocacy and representation

Total number of business trips

Total number of business trip days

Amount of travel expenses to be reimbursed