Unofficial translation
Footnote. The title of the Law is in the wording of the Law of the Republic of Kazakhstan dated 11.06.2026 № 306-VIII (shall enter into force on 01.07.2026).
Footnote. Throughout the entire text, the words "electronic government", "Unified Information System", "unified information system", "unified information system", "Unified Information System", "unified information system", "unified information system", "unified information system", "information system" shall be replaced by the words "digital government", "Unified Digital System", "unified digital system", "unified digital system", "Unified Digital System", "unified digital system", "unified digital system", "unified digital system", "digital system" respectively in accordance with the Law of the Republic of Kazakhstan dated 09.01.2026 № 256-VIII (shall be enforced six months after the day of its first official publication);
throughout the text, the words “and financing of terrorism” shall be replaced with the words “financing of terrorism and financing of the proliferation of weapons of mass destruction” pursuant to the Law of the Republic of Kazakhstan dated 19.09.2025 № 219 (takes effect sixty calendar days after the date of its first official publication);
throughout the text, with the exception of subparagraph 3) of Article 1, the second part of paragraph 4 of Article 28, and subparagraph 2) of Article 98, the words “legal assistance,” “Legal Assistance,” “of legal assistance,” “legal assistance,” and “by legal assistance” shall be replaced respectively by the words “qualified legal assistance,” “Qualified Legal Assistance,” “of qualified legal assistance,” “qualified legal assistance,” and “by qualified legal assistance” in accordance with the Law of the Republic of Kazakhstan dated 11.06.2026 № 306-VIII (shall enter into force on 01.07.2026).
SECTION 1. GENERAL PROVISIONS Chapter 1. BASIC PROVISIONS
Article 1. Basic concepts used in this Law
The following basic concepts are used in this Law:
1) advocacy – qualified legal assistance provided by advocates on a professional basis in accordance with the procedure established by this Law for the purpose of protecting and facilitating the exercise of the rights, freedoms, and legitimate interests of individuals and legal entities;
2) activity of legal consultants – the professional activity of legal consultants in providing qualified legal assistance for the purpose of protecting the rights, freedoms, and legitimate interests of individuals and legal entities;
3) legal assistance – activities aimed at ensuring the implementation of everyone’s right to receive qualified legal assistance, as enshrined in paragraph 3 of Article 12 of the Constitution of the Republic of Kazakhstan, including through the use of special legal knowledge and skills, in accordance with the procedure established by this Law and other regulatory legal acts of the Republic of Kazakhstan;
4) participants in qualified legal assistance – persons providing qualified legal assistance, clients, and other persons involved in the provision of qualified legal assistance;
5) authorized state body in the field of qualified legal assistance (hereinafter – the authorized body) – the central executive body responsible for organizing qualified legal assistance and exercising control over its quality;
6) client – an individual or a legal entity (representative) applying for qualified legal assistance;
7) legal information – a type of qualified legal assistance provided to an indefinite circle of persons by supplying information on the legislation of the Republic of Kazakhstan in oral or written form, in the form of an electronic document, or by means of visual familiarization;
8) legal consultation – a type of qualified legal assistance provided to individuals and legal entities in the form of oral and written consultations, including those concerning the drafting of applications, complaints, petitions, and other legal documents;
9) conflict of interest – a contradiction between the personal interests of a person providing qualified legal assistance and the interests of the client, which may result in the failure to provide, or the improper provision of qualified legal assistance.
Footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 17.12.2025 № 241-VIII (shall enter into force upon expiry of ten calendar days after the day of its first official publication); dated 11.06.2026 № 306-VIII (shall enter into force on 01.07.2026).Article 2. Legislation of the Republic of Kazakhstan on Advocacy and Qualified Legal Assistance
1. The legislation of the Republic of Kazakhstan on advocacy and qualified legal assistance shall be based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan governing advocacy and qualified legal assistance.
2. Qualified legal assistance shall be provided in accordance with this Law and other regulatory legal acts of the Republic of Kazakhstan.
3. The conditions and procedure for the provision of qualified legal assistance by certain persons shall be established by the laws of the Republic of Kazakhstan.
4. The conditions and procedure for rendering legal assistance to individuals shall be established by the laws of the Republic of Kazakhstan.
Footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication); dated 17.12.2025 № 241-VIII (shall enter into force upon expiry of ten calendar days after the day of its first official publication).Article 3. Principles of Providing Qualified Legal Assistance
The provision of qualified legal assistance shall be based on the following principles:
2) independence of persons providing qualified legal assistance;
4) provision of qualified legal assistance in the interests of the client;
7) freedom to determine the scope and extent of qualified legal assistance;
8) compliance with the standards of providing qualified legal assistance;
10) accessibility of qualified legal assistance.
Article 4. Significance of the Principles of Providing Qualified Legal Assistance
1. The principles of providing qualified legal assistance shall be the fundamental principles governing the provision of qualified legal assistance, determining its content and ensuring the general conditions for the exercise of the rights and obligations of the participants in qualified legal assistance.
2. The principles of providing qualified legal assistance shall be interrelated and constitute a unified system. The implementation of each principle shall be carried out in conjunction with the other principles of providing qualified legal assistance.
3. Failure to comply with the principles of providing qualified legal assistance shall entail liability established by this Law and other laws of the Republic of Kazakhstan.
Article 5. Supremacy of the Law
Qualified legal assistance shall be provided on the basis of equality of all persons before the law, the obligation to comply with the Constitution of the Republic of Kazakhstan, this Law, and other regulatory legal acts of the Republic of Kazakhstan.
Article 6. Independence of Persons Providing Qualified Legal Assistance
Persons providing qualified legal assistance shall be independent in the exercise of their rights and the performance of their professional duties.
Intervention in their activity by the prosecutor's office, courts, other state bodies, organizations and persons, except for the cases, directly provided for by the laws of the Republic of Kazakhstan, shall be inadmissible.
Article 7. Respect and protection of the client's rights and freedoms
Qualified legal assistance shall be provided for the purpose of protecting and facilitating the exercise of the rights, freedoms, and legitimate interests of individuals, as well as the rights and legitimate interests of legal entities.
When providing qualified legal assistance, any actions that degrade the honor or dignity of the client, infringe upon the inviolability of the client’s private life, or violate the client’s personal and family privacy, the confidentiality of personal deposits and savings, correspondence, telephone conversations, postal, telegraph, and other communications shall be prohibited.
Article 8. Provision of Qualified Legal Assistance in the Interests of the Client
A person providing qualified legal assistance shall duly perform his or her professional duties by taking the necessary measures to prevent harm to the interests of the client.
When providing qualified legal assistance, a person providing such assistance shall explain to the client the possible results and consequences of the qualified legal assistance, including the nature and amount of the financial costs.
The choice of measures for providing qualified legal assistance shall be based on the interests of the client.
A person providing qualified legal assistance shall, in the performance of his or her professional duties, take measures to prevent conflicts of interest.
Article 9. Keeping professional secret
Professional secret cannot be disclosed without the consent of the client.
When providing qualified legal assistance, measures shall be taken to preserve professional secrecy, unless otherwise provided by the laws of the Republic of Kazakhstan. The obligation to preserve professional secrecy shall not be limited in time.
Article 10. Compliance with the standards of professional and ethical behavior
Qualified legal assistance shall be provided in compliance with high professional and ethical standards. These standards shall be established by persons providing qualified legal assistance based on generally accepted rules of conduct, moral principles, and standards for the provision of qualified legal assistance.
Article 11. Freedom to Determine the Limits and Measures of Providing Qualified Legal Assistance
The limits and measures of providing qualified legal assistance shall be determined at the discretion of the person providing qualified legal assistance and shall be limited if this is provided for by the laws of the Republic of Kazakhstan.
Article 12. Compliance with Standards for Providing Qualified Legal Assistance
The standards for providing qualified legal assistance shall be ensured through the implementation of best practices for the quality of qualified legal assistance based on the legislation of the Republic of Kazakhstan.
To ensure the quality of qualified legal assistance, persons with appropriate professional training who regularly improve their qualifications shall be allowed to provide such assistance.
Article 13. Respect for the court, the rules of judicial proceeding and colleagues by profession
Persons providing qualified legal assistance must treat their professional colleagues with respect, fairness, and a spirit of cooperation.
The provision of qualified legal assistance must be based on respect for the court and the rules of judicial proceedings.
Article 14. Accessibility of Qualified Legal Assistance
Every person shall have the right to receive qualified legal assistance.
In cases provided for by this Law and other laws of the Republic of Kazakhstan, citizens shall be provided with qualified legal assistance free of charge.
Footnote. Article 14 is in the wording of the Law of the Republic of Kazakhstan dated 11.06.2026 № 306-VIII (shall enters into force on 01.07.2026).Article 15. Types of Qualified Legal Assistance
Qualified legal assistance shall be provided in the following forms:
1) legal information;
2) legal consulting;
3) protection and representation of interests of individuals and legal entities in the courts, criminal prosecution bodies, other state bodies and non-state organizations in cases and in the manner, established by this Law and other laws of the Republic of Kazakhstan;
4) committing other legal actions to protect legal interests of the client in cooperation with any persons, being the participants in existing or possible legal relations with the client.
Legal information, legal consultation, defense, and representation by advocates of the interests of individuals shall be the minimum social standards in the field of state-guaranteed qualified legal assistance in accordance with the Law of the Republic of Kazakhstan “On Minimum Social Standards and Their Guarantees”.
Article 16. Forms of Qualified Legal Assistance
The forms of qualified legal assistance shall be:
1) qualified legal assistance provided on a paid basis;
2) state-guaranteed qualified legal assistance;
3) comprehensive social qualified legal assistance.
Article 17. Provision of Qualified Legal Assistance on a Paid Basis
Qualified legal assistance provided on a paid basis shall be recognized as legal assistance provided to individuals and legal entities for payment on the basis of a written agreement on the provision of qualified legal assistance, unless otherwise established by this Law and the laws of the Republic of Kazakhstan.
Footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 18. State-Guaranteed Qualified Legal Assistance
Qualified legal assistance provided to individuals and legal entities who have the right to receive it on the grounds and in accordance with the procedure established by this Law and other laws of the Republic of Kazakhstan, without payment by them, shall be recognized as state-guaranteed qualified legal assistance.
Footnote. Article 18 was amended by the Law of the Republic of Kazakhstan dated 11.06.2026 № 306-VIII (shall enter into force on 01.07.2026).Article 19. Comprehensive Social Qualified Legal Assistance
1. Comprehensive social qualified legal assistance shall be the provision, in accordance with an agreement, of free qualified legal assistance to persons specified in paragraph 2 of this Article, consisting of legal support of a client from the moment of applying for qualified legal assistance until the adoption of a final legal decision on the case (resolution of a legal situation) in accordance with the procedure established by the laws of the Republic of Kazakhstan.
The scope and procedure for providing comprehensive social qualified legal assistance shall be established by chambers of legal consultants and the Republican Bar Association. Information on the scope and procedure for providing comprehensive social qualified legal assistance shall be submitted to the authorized body.
The provision of comprehensive social qualified legal assistance is one of the forms of implementing social responsibility and shall be carried out on a voluntary basis.
2. Comprehensive social qualified legal assistance may be provided:
1) persons in need of special social services, in accordance with the legislation of the Republic of Kazakhstan on social protection;
2) the persons entitled to targeted social assistance;
3) the participants of the Great Patriotic War and persons equated to them;
4) persons with disabilities of the first and second categories;
5) the retired by age;
6) the elderly and persons with disabilities living in special social services centers;
7) Excluded by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication);8) persons raising children with disabilities alone or having adult persons with disabilities in their care.
Comprehensive social qualified legal assistance shall not be provided for disputes related to entrepreneurial activity within the framework of civil proceedings.
3. The state encourages making a significant contribution to the provision of comprehensive social qualified legal assistance.
Footnote. Article19 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication); dated 27.06.2022 № 129-VII (shall be enforced ten calendar days after the date of its first official publication); dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication); dated 20.04.2023 № 226-VII (shall be enforced from 01.07.2023).Article 20. Persons Providing Qualified Legal Assistance
Qualified legal assistance within the scope of their competence shall be provided by:
1) state bodies;
2) advocates, notaries, private bailiffs, legal consultants;
3) individuals providing qualified legal assistance and not being members of non-profit organizations of persons providing qualified legal assistance, established on the basis of mandatory membership in chambers of legal consultants.
Article 21. State Policy in the Sphere of Providing Qualified Legal Assistance
1. The state policy in the sphere of providing qualified legal assistance shall be ensured through a set of organizational and legal, socio-economic, technical, informational, accreditation, licensing and control, and other measures carried out to ensure the realization of the rights of individuals and legal entities to receive qualified legal assistance.
2. The main directions of the state policy in the sphere of providing qualified legal assistance shall be determined by the President of the Republic of Kazakhstan.
3. The Law may establish the bases, procedure and conditions for the activities of state advocacy in the Republic of Kazakhstan.
Article 22. Competence of the Government of the Republic of Kazakhstan
The Government of the Republic of Kazakhstan shall develop the main directions of the state policy in the sphere of providing qualified legal assistance.
Footnote. Article 22 - as amended by the Law of the Republic of Kazakhstan dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication).Article 23. Competence of the authorized body
The authorized body:
1) develop and implement state policy in the sphere of providing qualified legal assistance;
2) coordinate the activities of persons providing state-guaranteed qualified legal assistance;
3) develop draft regulatory legal acts on issues related to the provision of qualified legal assistance;
4) monitor the legislation of the Republic of Kazakhstan on advocacy and qualified legal assistance, as well as the completeness, scope, and quality of qualified legal assistance provided;
5) carry out international cooperation in the sphere of providing qualified legal assistance;
6) approve the standards for providing qualified legal assistance;
7) approve the quality criteria for providing qualified legal assistance;
8) develop s and approve quality criteria for state-guaranteed qualified legal assistance;
9) act as an administrator of budget programs for all types of state-guaranteed qualified legal assistance;
10) ensure the functioning and development of the system of state-guaranteed qualified legal assistance;
10-1) establish the amounts of payment for state-guaranteed qualified legal assistance provided by an advocate and legal consultant, as well as reimbursement of expenses related to legal consultation, defense, representation, and conciliation procedures;
11) ensure the publication at least once a year in periodical printed publications distributed throughout the territory of the Republic of Kazakhstan and the placement on its official website of information about the system and the main results of providing state-guaranteed qualified legal assistance;
12) develop and approve the procedure for accounting for state-guaranteed qualified legal assistance provided by an advocate and legal consultant;
13) approve the rules for payment of state-guaranteed qualified legal assistance provided by an advocate and legal consultant, and reimbursement of expenses related to legal consultation, defense, representation, and conciliation procedures;
14) exercise control over the quality of state-guaranteed qualified legal assistance provided;
15) ensure legal information of the population about persons providing qualified legal assistance, mechanisms, grounds, and conditions for providing legal assistance.
16) provides legal information to the population about the persons, rendering legal assistance, mechanisms, on the grounds and conditions for rendering legal assistance; 17) develops and approves the model charter of the chamber of legal consultants; 18) keeps the register of chambers of legal consultants;
19) develops and approves a standard insurance contract for the professional liability of lawyers in agreement with the authorized body for regulation, control and supervision of the financial market and financial organizations;
20) develops and approves a standard insurance contract for the professional liability of legal consultants in agreement with the authorized body for regulation, control and supervision of the financial market and financial organizations;
21) exercises other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan.
Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 03.07.2019 № 262-VI (shall be enforced from 01.01.2020); dated 20.06.2022 № 128-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication); dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication).Article 24. Unified Digital System of Qualified Legal Assistance
The unified digital system of qualified legal assistance shall be a digital system designed to automate the activities of advocates and legal consultants.
The functioning of the unified digital system of qualified legal assistance shall ensure compliance with confidentiality requirements.
Digital objects of the unified digital system of qualified legal assistance shall be transferred to the trust management of the Republican Bar Association and the Republican Collegium of Legal Consultants in accordance with the procedure established by the Law of the Republic of Kazakhstan “On State Property”.
Footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication); dated 09.01.2026 № 256-VIII (shall be enforced six months after the day of its first official publication).SECTION 2. STATE-GUARANTEED Qualified Legal Assistance
Chapter 2. SYSTEM of STATE-GUARANTEED Qualified Legal Assistance
Article 25. Persons Providing State-Guaranteed Qualified Legal Assistance and the Procedure for Its Provision
State-guaranteed qualified legal assistance shall be provided by:
1) the state bodies free of charge in the form of legal information within their competence in the manner established by the Law of the Republic of Kazakhstan "On access to information";
2) the advocates in the manner prescribed by this Law;
2-1) legal consultants in the manner prescribed by this Law;
3) notaries free of charge in cases and in accordance with the procedure established by the Law of the Republic of Kazakhstan "On Notary";
4) the private bailiffs free of charge in the performance of a socially significant category of cases in cases and in the manner established by the Law of the Republic of Kazakhstan "On enforcement proceedings and the status of bailiffs".
In cases provided for by the laws of the Republic of Kazakhstan, state-guaranteed qualified legal assistance may also be provided free of charge by other persons.
Footnote. Article 25 as amended by the Law of the Republic of Kazakhstan dated 20.06.2022 № 128-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).Article 26. Persons Entitled to Receive State-Guaranteed Qualified Legal Assistance
1. The right to free receipt of state-guaranteed qualified legal assistance in the form of legal information shall be granted to all individuals and/or legal entities.
2. State-guaranteed qualified legal assistance in the form of legal consultation shall be provided in accordance with the procedure established by this Law and the legislation of the Republic of Kazakhstan:
1) to individuals on the issues of collecting alimony, assigning pensions and benefits, rehabilitation, obtaining refugee or compatriot status, and minors left without parental care;
2) to the victims of sexual violence, human trafficking, an act of terrorism, or subjected to torture on issues of ensuring and protecting their rights and legitimate interests related to this status or situation;
3) to individuals on the issues of compensation for harm caused by the death of the breadwinner;
4) to individuals on the issues of compensation for harm caused by damage to health associated with work, or caused by a criminal offense;
5) to individuals who are participants of the Great Patriotic War, persons equated in benefits to participants of the Great Patriotic War, as well as veterans of military operations on the territory of other states, army conscripts, persons with disabilities of the first and second groups, pensioners by age, on issues not related to the entrepreneurial activity;
6) to large families on issues not related to the entrepreneurial activity;
7) to low-income persons (families) with an average per capita income per month below the poverty line established in regions, cities of republican significance, and the capital, on issues not related to entrepreneurial activity.
3. State-guaranteed qualified legal assistance in the form of defense and representation of the interests of individuals in courts, criminal prosecution authorities, other state bodies, and non-governmental organizations shall be provided in accordance with the procedure established by this Law and the legislation of the Republic of Kazakhstan:
1) to a person brought to administrative responsibility in accordance with the legislation of the Republic of Kazakhstan on administrative offenses;
2) to the plaintiff or the defendant in accordance with the civil procedural legislation of the Republic of Kazakhstan and to the plaintiff in accordance with the legislation of the Republic of Kazakhstan on administrative proceedings;
3) to a suspect, accused, defendant, convicted, acquitted, victim in accordance with the criminal procedure legislation of the Republic of Kazakhstan.
4. Persons specified in paragraphs 1, 2, and 3 of this Article shall have the right to receive state-guaranteed qualified legal assistance within the territory of the Republic of Kazakhstan regardless of their place of residence and location.
5. In the interests of a person in need of state-guaranteed qualified legal assistance, their representative may apply for such assistance in accordance with the procedure established by laws.
Footnote. Article 26 is in the wording of the Law of the Republic of Kazakhstan dated 20.06.2022 № 128-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).Article 27. Rights and Obligations of a Person in Need of State-Guaranteed Qualified Legal Assistance
1. A person in need of state-guaranteed qualified legal assistance shall have the right to:
1) equal access to state-guaranteed qualified legal assistance;
2) receive information about their rights, obligations, and conditions for providing state-guaranteed qualified legal assistance;
3) apply for free qualified legal assistance to persons providing state-guaranteed qualified legal assistance;
4) receive state-guaranteed qualified legal assistance or refuse to receive it in accordance with the procedure established by the legislation of the Republic of Kazakhstan;
5) appeal against actions or inaction of persons providing state-guaranteed qualified legal assistance in accordance with the procedure established by this Law and the legislation of the Republic of Kazakhstan;
6) confidentiality of the matter for which state-guaranteed qualified legal assistance was provided.
2. A person who has applied for state-guaranteed qualified legal assistance provided for by subparagraphs 2) and 3) of Article 15 of this Law shall:
1) submit documents confirming their right to receive state-guaranteed qualified legal assistance, the list of which is approved by the authorized body;
2) timely notify about changes in circumstances affecting the conditions for providing state-guaranteed qualified legal assistance;
3) ensure the accuracy of the information on which the need for providing state-guaranteed qualified legal assistance is based.
Article 28. Organization, Procedure for Providing and Accounting for State-Guaranteed Qualified Legal Assistance Provided by Advocates
1. The participation of advocates in providing state-guaranteed qualified legal assistance shall be organized by the Bar Association of the capital, region, and city of republican significance through the unified digital system of qualified legal assistance in accordance with the procedure determined by the Republican Bar Association in coordination with the authorized body.
The Bar Association of the capital, region, and city of republican significance annually, no later than December 1, shall submit to the territorial justice body a list of advocates participating in the system of providing state-guaranteed qualified legal assistance.
2. The criteria for selecting advocates to participate in the system of providing state-guaranteed qualified legal assistance shall be approved by the Republican Bar Association.
3. Priority inclusion in the list of advocates participating in the system of providing state-guaranteed qualified legal assistance shall be granted to advocates providing comprehensive social qualified legal assistance.
The list shall include the last name, first name and patronymic (if any) of the advocate, the number and date of issuance of the license to advocate practice, the form of organization of advocate practice, name and place of advocate practice conducting.
4. The list of advocates shall be periodically updated by the presidium of the advocates’ collegium and be kept up to date.
The selection of an advocate to provide qualified legal assistance by appointment of bodies conducting criminal proceedings, courts, or bodies (officials) authorized to consider cases of administrative offenses may be carried out using the unified digital system of qualified legal assistance.
5.The territorial justice body shall annually, no later than December 15, conclude an agreement with advocates on the provision of state-guaranteed qualified legal assistance.
The form of the agreement, developed and approved by the authorized body taking into account the recommendations of the Republican Bar Association, shall contain the obligations of advocates and conditions for the full provision of qualified legal assistance to the population residing in the territory of the region, city of republican significance, and capital.
6. The territorial justice body shall annually, no later than December 25, publish on its internet resource the list of advocates participating in the system of providing state-guaranteed qualified legal assistance.
The Republican Bar Association, no later than December 25, shall publish in the unified digital system of qualified legal assistance the list of advocates participating in the system of providing state-guaranteed qualified legal assistance.
7. The provision of state-guaranteed qualified legal assistance in the form of legal consultation shall be carried out at the advocate’s office directly at the time of the applicant’s request.
If it is impossible to provide qualified legal assistance immediately after the applicant’s request, it shall be provided within a period not exceeding three working days. The applicant shall be informed by the advocate, in an accessible form, of the date and time of the appointment.
8. Legal consulting shall be carried out at the location of the applicant if he is unable to appear at the reception site, appointed by a advocate due to serious illness, disability due to difficulties in moving or other circumstances.
A person may receive state-guaranteed qualified legal assistance once on the same issue.
9. Accounting for state-guaranteed qualified legal assistance shall be carried out by the advocate providing such assistance in accordance with the procedure determined by the authorized body.
10. Advocates shall prepare a monthly report on the state-guaranteed qualified legal assistance provided by them no later than the fifth day of the month following the reporting month through the unified digital system of qualified legal assistance.
The form of the report shall be approved by the authorized body, taking into account the recommendations of the Republican Bar Association.
11. The Bar Association of the region, city of republican significance, and capital shall annually, no later than July 5 and January 5, submit to the territorial justice body through the unified digital system of qualified legal assistance a consolidated report on the state-guaranteed qualified legal assistance provided by advocates in the form approved by the authorized body, taking into account the recommendations of the Republican Bar Association.
The consolidated report of the Bar Association of the region, city of republican significance, and capital shall contain information on the provision of state-guaranteed qualified legal assistance to rural settlements.
Footnote. Article 28 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication); dated 20.06.2022 № 128-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication); dated 09.01.2026 № 256-VIII (shall be enforced six months after the day of its first official publication); dated 11.06.2026 № 306-VIII (shall enter into force on 01.07.2026).Article 28-1. Procedure for Providing State-Guaranteed Qualified Legal Assistance by Legal Consultants
Participation of legal consultants in providing state-guaranteed qualified legal assistance shall be organized by chambers of legal consultants in accordance with the procedure determined by the authorized body.
Footnote. Chapter 2 is supplemented by Article 28-1 in accordance with the Law of the Republic of Kazakhstan dated 20.06.2022 № 128-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).Article 29. Refusal to Provide State-Guaranteed Qualified Legal Assistance
1. Refusal to provide state-guaranteed qualified legal assistance in the form of legal information shall be made if the applicant’s request is not of a legal nature.
2. Refusal to provide state-guaranteed qualified legal assistance in the form of legal consultation, defense, and representation shall be made if one of the following grounds exists:
1) the applicant does not belong to the category of persons entitled to receive state-guaranteed qualified legal assistance provided for by paragraphs 2 and 3 of Article 26 of this Law;
2) the appeal of the applicant is not of a legal nature.
3. Refusal to provide state-guaranteed qualified legal assistance must be justified and may be appealed to the authorized body or the court in accordance with the procedure established by the laws of the Republic of Kazakhstan.
Footnote. Article 29 as amended by the Law of the Republic of Kazakhstan dated 29.06.2020 № 351-VI (shall come into effect from 01.07.2021); dated 20.06.2022 № 128-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).Article 30. Financing of State-Guaranteed Qualified Legal Assistance
Financing of state-guaranteed qualified legal assistance shall be carried out through budgetary funds in accordance with the procedure established by the legislation of the Republic of Kazakhstan.
SECTION 3. ADVOCATE PRACTICE Chapter 3. ADVOCATE AND ADVOCATE’S STATUS
Article 31. Purpose of advocacy
1. The Bar in the Republic of Kazakhstan is intended to contribute to the implementation of the human rights guaranteed by the state and enshrined in the Constitution of the Republic of Kazakhstan to judicial protection of their rights and freedoms, and to receive qualified legal assistance, as well as to contribute to the peaceful resolution of disputes.
2. The Bar Association shall organize the activities of advocates in providing defense in criminal cases, cases of administrative offenses, as well as representation in criminal, civil, and administrative cases and cases of administrative offenses, and in providing other types of qualified legal assistance in order to protect and assist in the realization of the rights, freedoms, and legitimate interests of individuals, as well as the rights and legitimate interests of legal entities.
3. Qualified legal assistance provided by advocates within the framework of their legal practice shall not be considered entrepreneurial activity.
Footnote. Article 31 as amended by the Law of the Republic of Kazakhstan dated 29.06.2020 № 351-VI (shall come into effect from 01.07.2021).Article 32. Advocate
1. An advocate shall be a citizen of the Republic of Kazakhstan who has higher legal education, has obtained a licence to practice advocacy, is a member of a bar association, and provides qualified legal assistance on a professional basis within the framework of advocacy regulated by this Law.
2. A person who has been recognized by a court as incapable or of limited capacity, or who has an outstanding or unexpunged conviction in accordance with the procedure established by law shall not be an advocate.
The following persons shall not be advocates as well:
released from criminal liability based on paragraphs 3), 4), 9), 10) and 12) of the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan - within three years after the occurrence of such events;
dismissed for negative reasons from the state and military service, from law enforcement, special state bodies, as well as dismissed from the position of a judge - within three years from the date of dismissal (release);
committed an administrative corruption offence - within three years after the occurrence of such events;
deprived of a license to engage in advocacy on the grounds provided for in subparagraphs 1) and 2) of paragraph 4 of Article 44 of this Law - within three years from the date of entry into force of the court decision;
excluded from the register of the Chamber of Legal Consultants for negative reasons - within three years from the date of exclusion.
Footnote. Article 32 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 33. Rights and duties of an advocate
1. An advocate shall have the right to provide a person who has applied for assistance with any qualified legal assistance that they need.
2. An advocate, on their own behalf, shall conclude a written agreement on the provision of qualified legal assistance with the person who has applied to them, except in the case provided for by paragraph 7 of Article 63 of this Law.
3. Advocate, acting as a defence counsel or representative, shall be entitled to:
1) protect and represent the rights and interests of persons who have applied for qualified legal assistance in all courts, state bodies, other bodies and organizations whose competence includes the resolution of relevant issues;
2) to request and receive in all state bodies, bodies of local self-government and legal entities information necessary for implementation of advocate practice;
3) independently collect factual information necessary for providing qualified legal assistance and submit it to state bodies and officials in accordance with the procedure and within the limits established by the legislation of the Republic of Kazakhstan;
4) to get acquainted with the materials, relating to the person who requested assistance, including procedural documents, investigative and court cases, and record the information contained in them in any way not prohibited by the laws of the Republic of Kazakhstan;
5) from the moment of entry into the case, have visits alone with their client without limiting their number, duration and in conditions that shall ensure the confidentiality of such visits;
6) request, on a contractual basis, expert opinions to clarify issues arising in connection with the provision of qualified legal assistance and requiring special knowledge in the fields of science, technology, art, and other areas of activity;
7) to file petitions, bring in the established order complaints against decisions and actions (inaction) of state authorities, local self-government, public associations, organizations, officials and state servants, infringing the rights and legally protected interests of persons, having applied for help;
8) get acquainted with information constituting state secrets, as well as containing military, commercial, official and other secrets protected by law, if it is necessary for the implementation of protection or representation during an inquiry, pre-trial investigation, in court, in the manner prescribed by the laws of the Republic of Kazakhstan;
9) use all means and methods of protecting the rights and legitimate interests of persons who have applied for qualified legal assistance that are not prohibited by law;
10) to conduct conciliation proceedings;
11) to provide complex social legal assistance;
12) to perform other actions, not contradicting the legislation.
4. A state body or official may not refuse to recognize the right of an advocate to represent the interests of a person who has applied for qualified legal assistance, except in cases provided for by the laws of the Republic of Kazakhstan.
An advocate shall enjoy the right of free access to the administrative buildings of courts, prosecutor's office, bodies, conducting criminal proceedings, in the manner prescribed by the legislation of the Republic of Kazakhstan, upon presentation of an advocate's certificate.
Access of an advocate to the places of detention of detainees, held in custody and serving a sentence shall be carried out in accordance with the established access regime.
5. A lawyer has the right to social protection guaranteed by the state, carried out at the expense of compulsory insurance.
Social insurance contributions are paid by lawyers in accordance with the legislation of the Republic of Kazakhstan on social protection.
A lawyer has the right to pension provision in accordance with the legislation of the Republic of Kazakhstan on social protection.
6. Advocates shall have the right to take part in court sessions in advocates' robes.
The form and description of advocate's robes shall be developed and approved by the Republican collegium of advocates.
7. An advocate shall be obliged to:
1) observe the Constitution of the Republic of Kazakhstan and the legislation of the Republic of Kazakhstan in the performance of their professional duties;
2) observe the oath of the advocate of the Republic of Kazakhstan, the Code of professional ethics of advocates;
3) be a member of advocates’ collegium;
4) insure their professional liability;
5) provide the client with information on the membership in the advocates’ collegium;
6) inform the client about the impossibility of their participation in providing qualified legal assistance due to circumstances preventing its provision;
7) submit a copy of the advocate’s professional liability insurance contract upon the client’s request;
8) conclude an agreement with him (her) not to disclose confidential information upon the client’s request of;
9) keep confidential information that became known to them in connection with the provision of qualified legal assistance and not disclose it without the consent of the person who applied for assistance;
10) perform any actions not prohibited by the Law on establishing factual circumstances, aimed at ensuring the rights, freedoms and legitimate interests of the client;
11) provide a report on the performance of the written agreement on the provision of qualified legal assistance at the client’s request;
12) at the client’s request, keep copies of documents used in the provision of qualified legal assistance on paper or electronic media, or in the form of electronic documents, for three years from the date of completion of the provision of qualified legal assistance;
13) constantly improve their qualification;
14) within a month after becoming a member of the advocates’ collegium, as well as after the establishment of a commercial organization, transfer to the trust management shares (stakes) in the authorized capital of commercial organizations and other property, being in his (her) ownership, the use of which shall entail the receipt of income, except for money legally owned by him (her), as well as property, transferred to the property lease. The contract of trust management of property shall be subject to notarization. An advocate shall have the right not to transfer to trust management the bonds, shares of open and interval mutual investment funds, belonging to him (her). The advocate shall have the right to receive income from the property, transferred to the trust management or property lease;
15) perform other duties provided for by the laws of the Republic of Kazakhstan and the agreement on the provision of qualified legal assistance.
8. An advocate shall be prohibited from providing qualified legal assistance:
the presence of a conflict of interest;
the availability circumstances, provided for by procedural legislation, excluding participation of an advocate in the case.
In these cases, the advocate shall refuse to provide qualified legal assistance.
9. An advocate shall be prohibited to take a legal position in the case, worsening the position of the person, having applied for assistance, to use his (her)powers to the detriment of the person, whose interests he (she) is defending or representing.
10. An attorney shall not have the right to refuse an accepted assignment in a criminal case in the absence of the circumstances specified in paragraph 8 of this article, and in the case of a decision of an unjust, from the point of view of the defendant or the attorney himself, the sentence must appeal it in the prescribed manner.
11. An advocate shall be prohibited from being in public service, engaging in entrepreneurial activity, or holding another paid position, except in cases of membership in the Supreme Judicial Council of the Republic of Kazakhstan and the supervisory board (board of directors) of a commercial organization, election or appointment as an arbitrator of the relevant arbitration for dispute resolution, as well as engaging in teaching, scientific, or creative activities.
In case of membership in the supervisory board (board of directors) of a commercial organization, an advocate shall not provide qualified legal assistance to this organization and its affiliated persons.
An advocate shall have the right to combine legal practice with work in paid elected and appointed positions in the Bar Association, the Republican Bar Association, and international public associations of advocates.
Footnote. Article 33 as amended by the Law of the Republic of Kazakhstan dated 21.02.2019 № 227-VI (the order of enforcement see Art. 2); dated 09.06.2021 № 49-VII (shall come into effect upon the expiration of ten calendar days after the day of its first official publication); dated 20.04.2023 № 226-VII (shall be enforced from 01.07.2023); dated 17.12.2025 № 241-VIII (shall enter into force upon expiry of ten calendar days after the day of its first official publication); dated 11.06.2026 № 306-VIII (shall enter into force on 01.07.2026).Article 34. Professional standards of advocate's behavior
When providing qualified legal assistance, an advocate must comply with the following professional rules:
(1) to show good faith in exercising his (her) rights and in performance of his (her) duties;
2) to behave correctly in relation to bodies and officials;
3) not allow intentional delay of the case, illegal methods of providing qualified legal assistance, or deception, while forming and limiting their professional conduct in accordance with the rights and legitimate interests of the person who applied for assistance;
(4) to observe loyalty to the interests of the person, having applied for assistance and not to perform any actions contrary to his interests.
Article 35. Guarantees of advocate practice
1. The rights of an advocate shall not be subjects to restrictions, except for the cases, expressly provided for by the laws of the Republic of Kazakhstan. Intervention or obstruction of legal advocate practice shall entail liability, stipulated by the laws of the Republic of Kazakhstan.
2. Identification of an advocate with the person to whom they provide qualified legal assistance shall be prohibited.
3. It shall be prohibited to:
examine an advocate as a witness about the circumstances, became known to him in performing of his professional duties;
it is prohibited to request or demand from an advocate, their assistant, their intern, a person employed by an advocate, a legal consultation office, a law firm, the heads and employees of the presidium of the Bar Association, as well as from a person whose right to practice law has been terminated or suspended, or to otherwise attempt to obtain, without the consent of the advocate and their client, information and materials related to the provision of qualified legal assistance, except in cases established by the laws of the Republic of Kazakhstan.
4. State bodies, officials shall not be entitled to refuse an advocate to grant meetings in private with his (her) client under conditions, ensuring the confidentiality of such meetings, as well as limit their number and duration.
5. Advocate clerical work, other materials and documents related to it, as well as advocate’s property, including mobile communications, audio equipment, computer equipment, shall not be subjects to inspection, examination, seizure, removal and check, except cases, provided for by the laws of the Republic of Kazakhstan.
6. An advocate shall be guaranteed the right to ensure security in performing advocate practice in the manner prescribed by the Law.
7. Bodies of criminal prosecution, their officials in cases, provided for by procedural law, shall be obliged to notify an advocate about the need for his (her) participation in investigative and other procedural actions in term agreed with an advocate.
8. State bodies, local self-government bodies, and legal entities shall be obliged to provide a written response to an advocate’s request related to the provision of qualified legal assistance within ten working days.
The provision to an advocate of the requested information may be refused if the information is related to information with limited access.
9. An advocate, when fulfilling an accepted instruction, shall have the right to use in the court computers, smartphones and other technical means necessary for carrying out advocate practice in the manner prescribed by procedural legislation.
Article 36. Insurance of an advocate’s activity
1. An advocate shall be obliged to conclude a professional liability insurance agreement for obligations arising from causing harm to third parties to whom qualified legal assistance is provided under the agreement as a result of providing such assistance.
An advocate shall not begin providing qualified legal assistance in the absence of a professional liability insurance agreement.
If the advocate is a partner of a law firm, then the conclusion of an insurance contract for his/her professional liability may be carried out by a law firm.
2. The object of professional liability insurance of an advocate shall be the property interests of the policyholder (insured person) related to their obligation, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to compensate for harm caused to third parties to whom qualified legal assistance is provided under the agreement in connection with the performance of legal practice.
3. An insured event under a professional liability insurance agreement of an advocate shall be the occurrence of civil liability of the policyholder (insured person) for compensation of harm caused to the property interests of third parties to whom qualified legal assistance is provided under the agreement as a result of professional errors committed by the insured person while providing qualified legal assistance.
Professional errors for the purposes of this Article shall be understood as:
1) omission of procedural deadlines;
2) improper paperwork;
3) failure to notify the person to whom qualified legal assistance is provided under the agreement about the consequences of legal actions taken that resulted in causing harm to them;
4) loss or damage of documents received by the policyholder (insured person) from the client for the provision of qualified legal assistance;
5) unlawful disclosure of information constituting an advocate's secret.
The professional liability insurance agreement may define other actions (inaction) that resulted in harm to the property interests of third parties to whom qualified legal assistance is provided under the agreement as a result of such assistance provided by the insured person.
4. An insured event shall be considered to have occurred if the harm caused to third parties to whom qualified legal assistance is provided under the agreement resulted from an unintentional violation of professional duties by the policyholder (insured person).
5. The size of the sum insured under an advocate’s professional liability insurance contract shall be determined by its conditions and must be at least a thousand times for the advocates, operating in the city of republican significance, the capital city; for other advocates at least five hundred times of a monthly calculation index, established by the Law on republican budget for the relevant financial year, on the date of conclusion of the contract of compulsory insurance of professional advocate’s liability.
The procedure and other conditions for insuring an advocate’s professional liability shall be determined by an agreement of the parties on the basis of a standard advocate’s professional liability insurance contract.
Footnote. Article 36 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 37. An advocate's secret
1. Advocate-client privilege shall comprise the fact of applying to an advocate, information concerning the substance of oral and written communications with the person seeking assistance and other persons, the nature and results of actions taken in the interests of the person seeking assistance, as well as other information relating to the provision of qualified legal assistance.
2. Advocates, their assistants, interns, employees of the presidium of the Bar Association, legal consultation offices, law firms, as well as persons whose right to practice law has been terminated or suspended, shall not disclose or use for their own interests or the interests of third parties any information obtained in connection with the provision of qualified legal assistance.
3. An advocate, disclosing information relating to advocate’s secret, without the consent of the person applying for assistance, shall be liable in accordance with the Law.
4. Submission of information and data to the financial monitoring authority in accordance with the Law of the Republic of Kazakhstan "On Combating Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction" does not constitute disclosure of attorney-client privilege.
5. The duty to keep an advocate’s secret is not limited in time.
6. Lawyers, their assistants, trainees, employees of the presidium of the advocate’s collegium, legal consultation office, law firm shall be obliged to take necessary measures to keep advocate’s secrets, including its protection from unauthorized access.
Article 37-1. Admission and access of lawyers to state secrets
1. Lawyers for registration of admission to state secrets shall have the right to apply to the territorial body of justice at the location of the bar association of which they shall be members during the period of advocacy.
2. The procedure for admission and access of lawyers to state secrets shall be determined by the legislation of the Republic of Kazakhstan on state secrets.
Footnote. Chapter 3 as added by Article 37-1 in accordance with the Law of the Republic of Kazakhstan dated 17.12.2025 № 241-VIII (shall enter into force upon expiry of ten calendar days after the day of its first official publication).Article 38. Advocate’s assistants and interns
1. Advocates may have assistants and interns.
2. Advocate’s assistants may work on the basis of an employment contract in a legal consultation office, a law firm, or at an advocate, engaged in advocate practice individually.
Advocate’s assistants shall be entitled, on the instructions and responsibility of an advocate, to carry out his (her) instructions.
3. An advocate's intern shall be a citizen of the Republic of Kazakhstan, having a higher legal education, concluded an internship agreement with the advocates’ collegium to acquire professional knowledge and practical skills of advocate practice.
A person, meeting the requirements established by paragraph 2 of Article 32 of this Law and expressed a desire to undergo an internship shall apply to the presidium of the advocates’ collegium for admission to pass an internship with attachment of documents, the list of which shall be established by the regulation on the procedure of passing an internship by advocate’s interns, developed and approved by Republican collegium of advocates in consultation with the authorized body.
4. Based on the results of consideration of application, the presidium of the advocates’ collegium shall take one of the following decisions:
1) on admission to pass an internship;
2) refusal of admission to pass an internship.
The decision on the application for admission to pass an internship shall be taken within five working days.
5. Refusal of admission to pass an internship due to recruitment of a large number of interns advocates shall not be allowed.
6. The internship shall be carried out under the guidance of an advocate, having at least five years of experience of an advocate’s practice. The duration of the internship is from six months to one year.
The internship period shall be credited to the work experience in the legal specialty.
During the internship period, an intern may be employed under an employment contract as an advocate’s assistant.
7. The organization of passing an internship shall be carried out by the presidium of the advocates’ collegium in accordance with the regulation on the procedure of passing an internship by advocate’s interns, developed and approved by the Republican collegium of advocates in coordination with the authorized body.
According to the results of the internship, the intern’s supervisor shall make a conclusion and send it to the presidium of the advocates’ collegium for approval.
The conclusion on successful completion of an internship shall be valid for three years from the date of its approval by the presidium of the advocates’collegium.
The decision on refusal in approving the conclusion of an internship completion should be motivated and can be appealed to the Republican collegium of advocates or the court.
A person who has not completed an internship shall be admitted again to an internship on a general basis.
8. Persons, who have terminated the powers of a judge on the grounds provided for in subparagraphs 1), 2), 3), 9), 10) and 12) paragraph 1 of Article 34 of the Constitutional Law of the Republic of Kazakhstan "On the Judicial System and the Status of Judges of the Republic of Kazakhstan" shall not pass an internship.
9. An assistant and an intern of an advocate shall not have the right to independently engage in advocate practice.
10. The charter of the collegium of advocates may provide for measures of material encouragement of the interns for the work performed during the internship.
Footnote. Article 38 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (effective ten calendar days after the date of its first official publication).Article 39. Certification of individuals applying for advocacy
1. Persons who have completed an internship and seek to practice law shall undergo certification in the form of comprehensive computer testing on knowledge of the legislation of the Republic of Kazakhstan and verification of an appropriate level of practical skills by submitting an application to the territorial justice bodies of the capital, regions, and cities of republican significance.
2. The following shall be exempted from certification:
1) individuals who passed the qualification exam in the Qualification commission under the Supreme Judicial Council of the Republic of Kazakhstan, successfully completed an internship in court and received a positive review of the plenary session of the regional or equivalent court;
2) individuals who terminated the powers of a judge on the grounds provided for in subparagraphs 1), 2), 3), 9), 10) and 12) of paragraph 1 of Article 34 of the Constitutional Law of the Republic of Kazakhstan "On the judicial system and the status of judges of the Republic of Kazakhstan."
3. The main task of certification of individuals applying for advocacy shall be to ensure a high-quality selection of applicants for a license to engage in advocacy.
4. The procedure and conditions for certification and trial certification of individuals who have completed an internship and apply for advocacy shall be determined by the authorized body.
5. Refuses to be admitted to certification if the individual applying for advocacy does not meet the requirements established by this Law.
The refusal to admit to certification can be appealed in the procedure prescribed by the Laws of the Republic of Kazakhstan.
6. Based on the results of the certification of a person seeking to practice law, the territorial justice body of the capital, region, and city of republican significance shall issue a reasoned decision on certification or non-certification of the person seeking to practice law.
A reasoned decision on certification or non-certification may be appealed in accordance with the procedure established by the laws of the Republic of Kazakhstan.
7. The decision on certification for advocacy shall be valid for three years from the date of issuance.
8. Certification of individuals applying for advocacy shall be carried out at least once a quarter.
In order to test the knowledge of the legislation of the Republic of Kazakhstan, individuals applying for advocacy shall be entitled to undergo a trial certification.
9. In the event of termination or deprivation of a license to engage in advocacy, an individual applying for advocacy, when re-applying for a license to engage in advocacy, must pass certification.
Footnote. Article 39 – in the wording of the Law of the Republic of Kazakhstan dated 17.12.2025 № 241-VIII (shall enter into force upon expiry of ten calendar days after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 11.06.2026 № 306-VIII (shall enter into force on 01.07.2026).Article 40. The procedure and conditions for attestation of persons applying for the practice of advocacy
Footnote. Article 40 as excluded by the Law of the Republic of Kazakhstan dated 17.12.2025 № 241-VIII (shall enter into force upon expiry of ten calendar days after the day of its first official publication).
Article 41. License to advocate practice
1. A license to advocate practice shall be a permit to engage in advocate practice and is issued by the licensor after completing an internship by the applicant and attestation in the manner and under the conditions, established by the legislation of the Republic of Kazakhstan.
2. A licensor shall keep a register of licenses to advocate practice, ensure the placement of the register information on its Internet resource, as well as the list of advocates, engaged in advocate practice, are up-to-date.
Article 42. Refusal to issue a license
The issuance of the license shall be refused on the grounds stipulated by the Law of the Republic of Kazakhstan "On permits and notifications".
Article 43. Suspension of a license for advocate practice
1. The procedure for suspension of a license for advocate practice shall be established by the laws of the Republic of Kazakhstan.
2. In addition to the general grounds provided for by the laws of the Republic of Kazakhstan, the license for advocate practice shall be suspended for a period of:
1) being an advocate in the public service;
2) exercising the powers of a deputy of the Kurultai of the Republic of Kazakhstan, or a deputy of a maslikhat performing their activities on a permanent or released basis, paid from budgetary funds;
3) passage of an urgent military service by an advocate;
4) suspension of his (her) activity by an advocate on the basis of his (her)application, submitted to the advocates’ collegium.
3. The validity of a license for advocate practice shall be suspended for a specified period in the following cases:
1) as excluded by the Law of the Republic of Kazakhstan dated 17.12.2025 № 241-VIII (shall enter into force upon expiry of ten calendar days after the day of its first official publication);2) recognition of an advocate accused of committing a crime in accordance with the criminal procedure law - until the sentence enters into force;
3) violations for a disrespectful reason for more than thirty calendar days of the period for passing qualification training or refusal to complete it - until the violation is eliminated, but not more than three months;
4) systematic (three or more times within twelve consecutive calendar months) provision by an advocate of state-guaranteed qualified legal assistance that does not meet the quality criteria for the provision of state-guaranteed qualified legal assistance — for six months;
5) systematic (three or more cases within twelve consecutive calendar months) breach of the requirements stipulated by the Law of the Republic of Kazakhstan “On combating legalization (laundering) of proceeds from crime, financing of terrorism and the financing of the proliferation of weapons of mass destruction” – for six months;
6) engaging by an advocate, along with professional activities, in entrepreneurial or other paid activities, except in cases of membership in the supervisory board of a commercial organization, election or appointment as an arbitrator of the relevant arbitration for dispute resolution, as well as engaging in teaching, scientific, or creative activities — for six months.
4. Suspension of the license to practice law shall be carried out by a decision of the licensor based on a submission from the territorial justice bodies of the capital, regions, and cities of republican significance, or petitions from the Republican and territorial Bar Associations.
In the decision of the licensor on suspension of the license validity for advocate practice, the reasons and the period of suspension of the license must be indicated. Suspension of an advocate’s license validity shall entail a ban on the advocate practice from the date of the decision of the licensor on suspension of the license validity for advocate practice.
5. Renewal of the license validity for advocate practice, suspended on the grounds provided for by paragraph 2 of this Article shall be carried out at the request of an advocate within ten calendar days on the basis of the order of the licensor and documents confirming the termination of the grounds for its suspension. On the renewal of the license validity for advocate practice, an advocate, advocates’ collegium, the central apparatus of law enforcement agencies and the authorized body for organizational and logistical support of the courts shall be notified.
6. The decision on suspension or renewal of the license validity for advocate practice shall be posted on the licensor’s Internet resource. An advocate, advocates’ collegium, the central apparatus of law enforcement agencies and the authorized body for organizational and material- technical support of the courts shall be notified of this decision.
7. The lawyer shall have the right to appeal against the decision to suspend or to refuse to renew the license for advocate practice.
8. In cases of necessity and with the client’s consent, the Bar Association shall take measures to ensure the provision of qualified legal assistance to a client whose advocate’s license to practice law has been suspended.
Footnote. Article 43 as amended by the Law of the Republic of Kazakhstan dated 17.12.2025 № 241-VIII (shall enter into force upon expiry of ten calendar days after the day of its first official publication); dated 11.06.2026 № 306-VIII (shall enter into force on 01.07.2026).Article 44. Termination and deprivation of a license for advocate practice
1. Termination of the license for advocate practice shall be carried out in the manner and on the grounds provided for by the Law of the Republic of Kazakhstan "On permits and notifications".
2. Deprivation of a license for advocate practice shall be carried out in accordance with the Code of the Republic of Kazakhstan on administrative offenses.
3. In addition to the grounds provided for in paragraph 1 of this Article, the termination of the license for advocate practice licensor shall be carried out in the following cases:
1) recognition of the advocate as incapable or partially capable, dead or missing by court decision that has entered into legal force;
2) termination by an advocate of the citizenship of the Republic of Kazakhstan;
3) the death of an advocate;
4) release of an advocate from criminal liability for committing an intentional crime on the basis of paragraphs 3), 4), 9), 10) and 12) of part one of Article 35 or Article 36 of the Criminal procedure code of the Republic of Kazakhstan;
5) entry into force of a court verdict against an advocate for committing an intentional crime;
6) entry into force of a court decision on application of compulsory medical measures to an advocate.
4. In addition to the grounds provided for by paragraph 2 of this Article, the deprivation of a license for advocate practice shall be carried out in a judicial proceeding upon the suit of the licensor in the following cases:
1) gross or repeated violation by an advocate, in the performance of their professional duties, of the legislation of the Republic of Kazakhstan, the principles of providing qualified legal assistance, and the Code of professional ethics of advocates;
2) as excluded by the Law of the Republic of Kazakhstan dated 17.12.2025 № 241-VIII (shall enter into force upon expiry of ten calendar days after the day of its first official publication);3) failure to eliminate the circumstances stipulated by subparagraph 6) of paragraph 3 of Article 43 of this Law, according to which the license shall be suspended;
4) establishing the fact that the licensee provided false or deliberately distorted information in the documents that served as the basis for issuing a license;
5) three times suspension of the license within thirty-six consecutive months on the grounds provided for in subparagraphs 3), 4) and 5) of paragraph 3 of Article 43 of this Law.
5. The basis for preparation of the statement of claim for deprivation of a license for advocate practice in cases provided for in paragraph 4 of this Article shall be the petition of the presidium of the advocates’ collegium.
The basis for preparation of a claim for deprivation of a license for advocate practice in cases provided for in subparagraphs 1), 3), 4) and 5) of paragraph 4 of this Article shall also be the submission of the territorial body of justice.
The licensor, on the basis of a court decision, shall issue an order on deprivation of a license for advocate practice, a copy of which shall be sent to a person whose license has been terminated. The courts, law enforcement bodies and the advocates’ collegiums shall be notified on termination of the license for advocate practice.
6. The basis for the decision on termination of a license for advocate practice in cases provided for in paragraph 3 of this Article shall be the submission of the territorial body of justice.
The licensor shall issue an order on termination of the license for advocate practice, a copy of which shall be sent to a person whose license has been terminated. The authorized body for organizational and material-technical support of the courts activity, the central apparatus of law enforcement bodies and the advocates’ collegium shall be notified on termination of the license for advocate practice.
Footnote. Article 44 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication); dated 17.12.2025 № 241-VIII (shall enter into force upon expiry of ten calendar days after the day of its first official publication).Article 45. Types of Qualified Legal Assistance Provided by Advocates
1. Advocates, when providing qualified legal assistance shall:
1) consult on legal issues both verbally and in writing;
2) make statements, complaints, petitions and other documents of a legal nature;
3) participate as a representative of the client in civil and administrative proceedings;
4) participate as a defence counsel or representative of a client in criminal proceedings and proceedings in cases of administrative offences;
5) participate as a representative of a client during mediation, in the trial of cases in arbitration and other dispute resolution bodies;
6) represent the interests of the client in state bodies, public associations and other organizations;
7) represent the client’s interests in state bodies, courts and law enforcement bodies of foreign states, international judicial bodies, non-state bodies of foreign states, unless otherwise established by the legislation of foreign states, statutory documents of international judicial bodies and other international organizations or international treaties ratified by the Republic of Kazakhstan;
8) participate as a representative of a client in enforcement proceedings, as well as in the execution of a criminal sentence;
9) conduct conciliation procedures.
2. Advocates shall provide other types of qualified legal assistance that are not prohibited by the laws of the Republic of Kazakhstan.
3. A person, who has applied for assistance is free to choose an advocate, except in cases where an advocate shall be appointed as a defense counsel in criminal cases, in which his (her) participation is mandatory if the defendant has not chosen or could not choose an advocate.
4. Professional defense in criminal cases shall be carried out only by advocates.
Footnote. Article 45 as amended by the laws of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication); dated 29.06.2020 № 351-VI (shall come into effect from 01.07.2021).Article 46. Certification of advocate’s powers
1. The powers of an advocate to conduct a particular case shall be confirmed by an advocate's certificate and a written notice of protection (representation).
2. The form of the advocate's certificate and the procedure for filling it out shall be developed and approved by the praesidium of the Republican Bar Association.
A person expelled from the membership of a bar association due to the deprivation or termination of a license to engage in advocacy, as well as the suspension of its validity, after the adoption of an appropriate decision, shall be obliged to hand over his/her certificate to the bar association of which he was a member.
3. The written notification on defense (representation) shall indicate the surname, first name, patronymic (if available) of the individual subject to defense (representation), the name of the legal entity being represented, as well as the date and registration number of the agreement on the provision of qualified legal assistance.
The written notice of protection (representation) shall be signed by an advocate carrying out protection (representation).
4. The form of the written notice of protection (representation), including the list of other data entered into it, shall be approved by the Republican collegium of advocates in coordination with the authorized body.
5. An advocate shall bear responsibility, established by this Law and other Laws of the Republic of Kazakhstan for entering of inaccurate information into the written notice of protection (representation).
6. The powers of a foreign advocate carrying out their activities on the basis of an applicable international treaty ratified by the Republic of Kazakhstan shall be confirmed by documents certifying their identity, status as an advocate, and their authority to provide qualified legal assistance.
7. An advocate shall have the right to advocate practice throughout the territory of the Republic of Kazakhstan, as well as abroad, if it is necessary for the execution of an accepted mandate and does not contradict the legislation of the respective states and international treaties ratified by the Republic of Kazakhstan.
Footnote. Article 46 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 47. Payment for Qualified Legal Assistance Provided by Advocates
1. The amount of payment for qualified legal assistance provided by advocates and reimbursement of expenses related to conducting conciliation procedures shall be established by a written agreement between the advocate and the person who applied for assistance.
The conclusion of the contract is mandatory and shall be carried out in accordance with the established civil legislation of the Republic of Kazakhstan.
One copy of the contract shall be handed over to the person with whom the contract has been concluded.
2. The essential terms of the contract shall be:
1) indication of the surname, name and patronymic (if any) of an advocate or name of the law office that accepted the execution of the instruction as a defender or representative.
Under an agreement concluded between a law firm and a person who has applied for qualified legal assistance, the performance of the assignment as a defender or representative shall be carried out by an advocate appointed by the law firm;
2) indication of the form of organization of advocate practice and the advocates’ collegium, where the advocate, accepted the instruction is a member;
3) the subject of the instruction;
4) the amount and procedure for payment for the qualified legal assistance provided and reimbursement of the advocate’s expenses related to defense and representation, as well as conducting conciliation procedures;
5) the procedure and conditions for termination of the contract.
3. The parties shall have the right to provide in the agreement a condition under which the amount of payment for qualified legal assistance provided by advocates depends on the result of providing qualified legal assistance, except for qualified legal assistance in a criminal case and a case of an administrative offense.
Receipt by an advocate or a law firm of cash as payment for qualified legal assistance, including oral legal consultations, and expenses related to the performance of the assignment, without issuing the relevant financial document shall not be permitted.
Footnote. Article 47 as amended by the Law of the Republic of Kazakhstan dated 17.12.2025 № 241-VIII (shall enter into force upon expiry of ten calendar days after the day of its first official publication).Article 48. Payment for State-Guaranteed Qualified Legal Assistance Provided by Advocates
1. Payment for state-guaranteed qualified legal assistance provided by an advocate shall be made from budgetary funds.
2. The amounts of payment for state-guaranteed qualified legal assistance provided by an advocate and reimbursement of expenses related to legal consultation, defense and representation, as well as conducting conciliation procedures, shall be established by the authorized body.
3. The procedure for payment for qualified legal assistance provided by an advocate and reimbursement of expenses related to legal consultation, defense and representation, as well as conducting conciliation procedures, shall be established by the rules for payment of state-guaranteed qualified legal assistance determined by the authorized body.
4. In cases provided for by the legislation of the Republic of Kazakhstan, payment for state-guaranteed qualified legal assistance provided by an advocate, travel expenses, transportation expenses, and reimbursement of other expenses related to legal consultation, defense and representation shall be made based on resolutions of criminal prosecution authorities and court rulings.
Footnote. Article 48 as amended by the Law of the Republic of Kazakhstan dated 19.04.2023 № 223-VII (shall be enforced ten calendar days after the date of its first official publication).Chapter 4. ORGANIZATION OF ADVOCATE PRACTICE
Article 49. Forms of organization of advocate practice
An advocate shall have the right to carry out his practice in legal consultation office, established by the advocates’ collegium, or individually without registration of a legal entity, as well as establish a law firm, independently or jointly with other advocates.
An advocate, carrying out professional activities individually without registration of a legal entity shall be obliged to have office space necessary for the reception of persons, compliance with the conditions for ensuring the safety of advocate proceedings and keeping advocate secrecy.
Article 50. An advocates’ collegium
1. An advocates’ collegium shall be created by persons having the right for advocate practice.
2. The Bar Association is a non-profit, independent, professional, self-governing, and self-financing organization of advocates established by advocates to provide qualified legal assistance to individuals and legal entities, represent and protect the rights and legitimate interests of advocates, and perform other functions established by this Law.
3. One Bar Association shall be established and operate within the territory of the capital, region, or city of republican significance, and it shall not have the right to create its structural subdivisions (branches and representative offices) within the territory of the capital, another region, or city of republican significance.
In the absence of a Bar Association within the territory of the capital, region, or city of republican significance, it shall be established on the initiative of at least ten founders who meet the requirements of Article 32 of this Law.
Special permission of state bodies to create an advocates’ collegium shall not be required.
The name of an advocates’ collegium shall include the name of an administrative-territorial unit on which territory it has been established.
4. The main tasks of an advocates’ collegium shall be:
1) cooperation, professional assistance and protection of members of the advocates’ collegium when carrying out their advocate practice;
2) material- technical and reference-informational support of the activities of the members of advocates’ collegium;
3) organization of professional control over carrying out advocate practice;
4) organization of the provision of qualified legal assistance and defence guaranteed by the state, as assigned by bodies of pre-trial investigation and the court.
5. An advocates’ collegium places on its Internet resource:
1) the list of members of the advocates’ collegium up to date;
2) regulatory legal acts of the Republic of Kazakhstan relating to advocacy and qualified legal assistance;
3) The Code of professional ethics of advocates;
4) standards for the provision of qualified legal assistance;
5) quality criteria for qualified legal assistance;
6) standards for qualification improving;
7) information on the provision of comprehensive social qualified legal assistance;
8) decisions taken by the general meeting (conference) of members of the advocates’ collegium, executive bodies of management of the advocates’ collegium;
9) the results of work of the disciplinary commission of advocates;
10) a report on financial and economic activities of the collegium, including information on all revenues and expenditures for each specificity separately;
11) other necessary information on the activities of the advocates’ collegium and its members.
The advocates’ collegium should provide ways to get information from the advocates’ collegium members.
6. The advocates’ collegium shall create legal consultation offices.
7. The advocates’ collegium shall be united in the Republican collegium of advocates.
Footnote. Article 50 was amended by the Law of the Republic of Kazakhstan dated 11.06.2026 № 306-VIII (shall enter into force on 01.07.2026).Article 51. Property of the advocates’ collegium
1. The property of the advocates’ collegium shall be formed by contributions, paid by the members of the advocates’ collegium, grants and charitable assistance, donations from legal entities and individuals in the manner established by the legislation of the Republic of Kazakhstan.
2. The expenses for general needs of the advocates’ collegium shall include expenditures on its material support, remuneration of advocates and compensation of expenses related to their work in the bodies of the advocates’ collegium, salary costs of employees of the staff of the advocates’ collegium and other expenses provided for by the legislation of the Republic of Kazakhstan and budget estimates of the advocates’ collegium.
Article 52. A Charter of the advocates’ collegium
1. A charter of the advocates’ collegium should provide:
1) the name, subject and purpose of the advocates’ collegium;
2) the rights and obligations of the members of the advocates’ collegium;
3) the procedure for admission to the advocates’ collegium, suspension and termination of membership;
4) the structure of the advocates’ collegium, the order of formation and the competence of its bodies;
5) the procedure for creating and operating legal consultations;
6) sources of formation of property and the procedure for disposing of it;
7) the procedure for paying membership and target contributions;
8) the procedure for providing state-guaranteed qualified legal assistance by advocates and the procedure for distributing qualified legal assistance by appointment of courts and criminal prosecution authorities among advocates;
9) the procedure for attestation of advocates on the basis of provision on the procedure for attestation of advocates;
10) disciplinary liability of members of the advocates’ collegium and advocates' interns and the procedure for bringing to it
11) the procedure for filing a petition on preparation of a statement of claim on termination of the license for advocate practice;
12) the procedure for reorganization and liquidation of the advocates’ collegium;
13) the fate of the property when liquidating of the advocates’ collegium.
2. The charter of an advocates’ collegium must contain provisions reflecting the requirements of section 1 of this Law and this section, and may also contain other provisions, not contradicting the legislation of the Republic of Kazakhstan.
Article 53. Bodies of the advocates’ collegium
1. The bodies of the advocates’ collegium shall be:
1) the supreme body - the general meeting (conference) of members;
2) the executive body - the presidium;
3) the controlling body - the audit commission.
A disciplinary commission of advocates shall be established in the advocates’ collegium.
2. In cases provided for by the charter of the advocates’ collegium of, an ethics commission and other bodies, acting under the provisions adopted by the general meeting (conference) of members of the advocates’ collegium may be established in the advocates’ collegium.
Article 54. General meeting (conference) of members of the advocates’ collegium
1. General meeting (conference) of members of the advocates’ collegium shall have the right to resolve any issues related to the activities of the advocates’ collegium.
2. The exclusive competence of the general meeting (conference) shall include:
1) adoption of the charter of the advocates’ collegium and decisions on introduction of amendments and additions to it;
2) election of the presidium, the chairman of the presidium, the auditing commission, the chairman of the audit commission, the disciplinary commission of the advocates’ collegium, the chairman of the disciplinary commission of the advocates’ collegium;
3) election of other bodies provided for by the charter of the advocates’ collegium and their leaders, approval of regulations on these bodies;
4) hearing and approval of reports on the activities of bodies of the advocates’ collegium, leaders and employees of the advocates’ collegium;
5) early recall of members of the presidium, chairman of the presidium, members and chairmen of other elected bodies of the advocates’ collegium;
6) setting the rates of membership and earmarked contributions, calculated in the amount of a multiple of the monthly calculation index established by the law on the republican budget for the corresponding financial year, while advocates who carry out professional activities in rural areas, or young people with less than one year of experience in advocacy pay membership and target fees in the amount of fifty per cent of the established rate;
7) approval of the report on financial and economic activity.
3. The general meeting (conference) of members of advocates’ collegium shall be competent to make decisions if there are two thirds of the total number of members of the advocates’ collegium or, respectively, the composition of the elected delegates of the conference of the advocates’ collegium members.
4. The general meeting (conference) of members of the advocates’ collegium shall be convened at least once a year by the presidium of the advocates’ collegium.
At the request of the audit commission or at least one-fourth of the total number of members of the advocates’ collegium, the chairman of the presidium of the advocates’ collegium shall be obliged to convene a general meeting (conference) of advocates’ collegium members within thirty days.
5. The charter of the advocates’ collegium may provide other issues relating to the exclusive competence of the general meeting (conference).
Footnote. Article 54 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 55. Presidium of the advocates’ collegium
1. The Presidium of the Bar Association shall be the collegiate executive body of the Bar Association.
The same persons may not be members of the Presidium of the Bar Association for more than two consecutive terms.
2. The Presidium of the advocates’ collegium shall:
1) organize the work of the Bar Association on providing qualified legal assistance to individuals and legal entities, including state-guaranteed qualified legal assistance provided by advocates at the expense of budgetary funds in cases provided for by the legislation of the Republic of Kazakhstan;
2) convene a general meeting (conference) of members of the advocates’ collegium and organize the execution of his (her) decisions;
3) protect professional and other rights of advocates;
4) carry out admission to the advocates’ collegium members, exclude from the advocates’ collegium, organize completion of internship by the advocates’ interns;
5) submit quarterly summary reports of advocates on their activities to the Republican Collegium of advocates;
6) exempt advocates from paying membership and targeted fees for the period of being on maternity leave or for caring after the child upon their reaching the age of three years and advocates, who have not been practicing advocacy for more than two months in a row due to temporary disability;
7) organize the work of verifying complaints (submissions) from individuals and legal entities on the actions (inaction) of an advocate;
8) organize attestation of advocates and work on improving their qualifications;
9) submit to the licensor in relation to an advocate a petition to suspend the license for advocate practice or prepare a statement of claim to terminate the license for advocate practice on the grounds provided for by this Law;
10) organize work to ensure compliance by lawyers with the requirements of the legislation of the Republic of Kazakhstan on combating corruption, combating legalization (laundering) of proceeds from crime, financing of terrorism and financing of the proliferation of weapons of mass destruction;
11) annually, based on the results of monitoring, determine the average cost of advocates' services of the collegium (by type of services) and ensure placement of this information on the Internet resources of the advocates’ collegium, the Republican collegium of advocates and publication in the media;
12) analyze, summarize and disseminate positive work experience;
13) organize the conduct of codification and reference work, develop and publish methodological manuals and recommendations on the matters of advocacy;
14) create legal consultation offices, appoint and dismiss their heads;
15) issue an advocate's certificate, the form of which shall be approved by the Republican collegium of advocates;
16) dispose of the funds of the advocates’collegium in the manner determined by the charter and the general meeting (conference) of the advocates’collegium members;
17) organize the maintenance of accounting, financial reporting, office work and formation of primary statistical data;
18) establish the procedure for disposing of property of the advocates’collegium;
19) resolve other issues related to the activities of the advocates’collegium, except for those assigned to the exclusive competence of the general meeting (conference) of the advocates’collegium members.
Footnote. Article 55 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 56. A chairman of the presidium of the advocates’ collegium
1. An advocate, who immediately prior to the day of his (her) election was a member of the advocates’ collegium for at least five years can be elected as the chairman of the presidium of the advocates’ collegium.
A chairman of the presidium of the advocates’ collegium shall be elected by secret voting for a term of four years.
The same person may not hold the position of chairperson of the praesidium of the bar association for more than two consecutive terms.
2. A chairman of the presidium of the advocates’ collegium in accordance with the charter of the collegiums shall:
1) organize the work of the presidium, chair its meetings and control the implementation of the decisions of the presidium, general meetings (conferences) of members of the advocates’ collegium;
2) manage the work of the presidium's office, hire and fire employees of the office of the advocates’ collegium;
3) represent an advocates’ collegium in state bodies, public associations, other organizations and institutions;
4) ensure timely submission to the licensor, the Republican collegium of advocates the information on licensees, who have joined the advocates’ collegium, indicating the advocate’s organization form, chosen by an advocate and legal address, as well as those excluded from the advocates’ collegium, indicating the reasons for exclusion;
5) ensure the submission to the Republican Bar Association of a report on the activities of the Bar Association, including statistical information on qualified legal assistance provided by advocates;
6) ensure the timely submission to the territorial justice body of a consolidated report on state-guaranteed qualified legal assistance provided by advocates and on the reimbursement of expenses related to defense and representation at the expense of budgetary funds;
7) provide internship with advocates’ interns;
8) ensure the implementation of programs for qualification improving of advocates.
Other powers of the chairman of the presidium of the advocates’ collegium shall be determined by the charter of the advocates’ collegium.
Footnote. Article 56 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).
Article 57. Audit commission of the advocates’ collegium
1. The audit commission of the advocates’ collegium shall be a body of the advocates’ collegium, which control financial and economic activities of the advocates’ collegium and its bodies.
2. The audit commission of the advocates’ collegium may be formed from among the members of the collegium of advocates. Members of the audit commission shall not be entitled to occupy another elected position in the advocates’ collegium.
The audit commission of the advocates’ collegium shall be formed of no more than five people.
The members of the audit commission of the advocates’ collegium shall carry out their activities on a voluntary basis free of charge.
3. The Audit Commission of the Bar Association shall be elected by the general meeting (conference) of members of the Bar Association for a term not exceeding four years and accountable to the supreme management body of the Bar Association.
One and the same person may not be in the audit commission of the advocates’ collegium for more than one term.
4. The audit commission of the advocates’collegium shall have the right to conduct audits of financial and economic activities of the advocates’ collegium at any time. At the request of the audit commission of the advocates’ collegium, the bodies of the advocates’ collegium shall be obliged to provide necessary documents for the audit and give necessary explanations in oral or written form.
5. The Audit Commission shall audit the annual report on financial and economic activities of advocates’ collegium on a mandatory basis and post its results on the Internet resources of the advocates’ collegium and the Republican collegium of advocates.
6. The audit commission shall submit a report to the next general meeting (conference) of members of the advocates’ collegium.
7. The order of work, the frequency of submission of the report to the audit commission of the advocates’ collegium shall be determined by the charter and internal documents of the advocates’ collegium.
Footnote. Article 57 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 58. Membership in the advocates’ collegium
1. Membership in the advocates’ collegium shall be mandatory.
Entry fees are prohibited.
The reason for refusal to admit to the advocates’ collegium shall be the discovery of one of the circumstances provided for by paragraph 2 of Article 32 of this Law.
Refusal of admission to the advocates’ collegium may be appealed to the Republican collegium of advocates or the court.
2. In case when a person was expelled from the advocates’ collegium, but retained the license for advocate practice, he (she) can be re-admitted to the advocates’ collegium no sooner than six months from the date of exclusion. The implementation of advocate practice in this period is not allowed.
Article 58-1. Register of advocates
1. The Republican Bar Association shall form a register of advocates in the unified digital system of qualified legal assistance.
2. The register of advocates shall contain the following information:
1) surname, name, patronymic (if indicated in the identity document) of the advocate, date of his/her birth;
2) the number and date of issue of the license to engage in advocacy;
3) the date of admission to membership in the Bar Association of the capital, region, or city of republican significance;
4) the form of organization of advocacy chosen by the advocate, legal address, contact phone numbers;
5) the presence or absence of disciplinary measures against the advocate;
6) the date and grounds for suspension of the license to practice law;
7) the date and grounds for termination of the license to practice law;
8) the date and grounds for suspension or termination of membership in the bar association.
3. The advocate shall be obliged to notify the Republican Bar Association in writing or by sending an electronic document about the occurrence of any events that entail a change in the information contained in the register of advocates, within three working days from the day following the day of such events.
4. The information contained in the register of advocates shall be publicly available, except for information, access to which is limited by the laws of the Republic of Kazakhstan.
Footnote. Chapter 4 supplemented by Article 58-1 in accordance with the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication); dated 09.01.2026 № 256-VIII (shall be enforced six months after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 11.06.2026 № 306-VIII (shall enter into force on 01.07.2026).Article 59. An advocate’s oath
1. In accordance with the procedure established by the Republican collegium of advocates, the licensee, joined the advocates’ collegium shall take the following oath:
"I, (first name and surname), solemnly swear to observe the principles of providing qualified legal assistance and the Code of Professional Ethics of Advocates, to honestly and conscientiously protect human rights, freedoms and interests, to ensure the right to receive qualified legal assistance, and to perform the duties entrusted to me in accordance with the Constitution of the Republic of Kazakhstan and the laws of the Republic of Kazakhstan.".
2. The licensee signs the text of the oath, which shall be stored in the personal file of an advocate.
3. The advocates’ collegium shall keep a list of members of the advocates’ collegium and post it on the Internet-recourse of the advocates’ collegium up to date. The advocates’ collegium shall send information on acquisition, suspension and termination of the status of an advocate to the Republican collegium of advocates.
Article 60. Termination of Membership in an advocates’ collegium
1. The membership of an advocate in the advocates’ collegium shall be terminated by the presidium of the advocates’ collegium in the following cases:
1) termination or deprivation of a license for advocate practice;
2) gross or repeated violation by an advocate, in the performance of their duties, of the requirements and norms of the legislation of the Republic of Kazakhstan, the principles of providing qualified legal assistance established in the charter of the Bar Association, and the Code of Professional Ethics of Advocates;
3) the inability of the lawyer to fulfill his professional duties due to insufficient qualifications established by the results of certification carried out by the bar in accordance with subparagraph 8) of paragraph 2 of Article 55 of this Law;
3-1) failure to eliminate the circumstances stipulated by subparagraph 3) of paragraph 3 of Article 43 of this Law, according to which the license to engage in advocacy shall be suspended;
4) systematic non-payment of membership fees;
5) engaging by an advocate, along with professional activities, in entrepreneurial or other paid activities, except in cases of membership in the supervisory board of a commercial organization, election or appointment as an arbitrator of the relevant arbitration for dispute resolution, as well as engaging in teaching, scientific, or creative activities;
6) on their own will;
7) the death of an advocate;
8) in other cases stipulated by the charter of the collegium.
2. The exclusion of a lawyer from the bar association on the grounds provided for in subparagraphs 2), 3) and 3-1) of paragraph 1 of this Article shall entail the termination of the license to engage in advocacy.
3. Termination of membership in the advocates’ collegium may be appealed to the Republican collegium of advocates or the court within one month from the day the advocate was handed a copy of the resolution of the presidium of the advocates’ collegium.
Footnote. Article 60 as amended by the Law of the Republic of Kazakhstan dated 17.12.2025 № 241-VIII (shall enter into force upon expiry of ten calendar days after the day of its first official publication); dated 11.06.2026 № 306-VIII (shall enter into force on 01.07.2026).Article 61. Rights and obligations of a member of the advocates’ collegium
1. A member of the advocates’ collegium shall have the right to:
1) use the assistance, professional assistance and protection of the advocates’ collegium, its bodies and officials;
2) elect and be elected to the bodies of the Bar Association and the Republican Bar Association;
3) raise issues related to the activities of the advocates’ collegium, make proposals to improve the work of the advocates’ collegium and its bodies, participate in discussion and decision-making, and require the advocates’ collegium bodies to submit documents and materials on their activities;
4) to take personal part in all cases of checking and discussing by the bodies of the advocates’ collegium of its activities or behavior;
5) use the property of the advocates’ collegium in the manner and on the conditions determined by its charter;
6) withdraw from the advocates’ collegium on their own will.
2. A member of the advocates’ collegium shall be obliged to:
1) comply with the requirements of the charter of the advocates’ collegium;
2) implement the decisions of the general meeting (conference) of members of the advocates’ collegium, the Republican collegium of advocates and their bodies;
3) pay membership and targeted fees;
4) submit statistical information on the qualified legal assistance provided to the presidium of the Bar Association;
5) submit in the manner and on the conditions established by the legislation of the Republic of Kazakhstan on permits and notifications, a statement to the licensor on reissuing the license for advocate practice in the event of a change in the last name, first name and patronymic (if any);
6) inform the presidium of the advocates’ collegium on the change of their legal address;
7) submit to the presidium of the Bar Association the materials necessary for reviewing applications from individuals and legal entities regarding the quality of the qualified legal assistance provided to them.
3. A member of the advocates’ collegium may not bear any other unilateral property obligations before the advocates’ collegium, in addition to the obligation to pay membership and targeted fees.
4. The members of the advocates’ collegium shall be equal in their rights and duties.
Footnote. Article 61 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 62. A legal consultation office
1. To ensure citizens’ access to qualified legal assistance, the presidium of the Bar Association shall establish legal consultations, including specialized ones.
2. A legal consultation is a structural subdivision (branch) of the Bar Association. It has a seal indicating its name and affiliation with the relevant Bar Association, as well as other attributes necessary for organizing the provision of qualified legal assistance. A legal consultation shall operate on the basis of regulations adopted by the general meeting (conference) of members of the Bar Association.
3. The location of a legal consultation office shall be determined by the presidium of the advocates’ collegium.
4. Legal consultation office shall be managed by a manager, appointed by the presidium of the advocates’ collegium.
Article 63. An advocate office
1. An advocate office is a non-commercial organization.
2. An advocate's office shall be established (formed) for the purpose of ensuring the material, organizational, legal, and other conditions necessary for advocates to provide qualified legal assistance.
3. An advocate office shall be established (created) by a member (members) of the advocates’ collegium. An advocate can become a partner of only one advocate office.
4. Partners of an advocate office shall not be liable for its obligations, and an advocate office shall not be liable for the obligations of its partners.
5. A law firm may act as a representative of lawyers on settlements with clients and third parties and in other matters stipulated in the law firm’s constituent documents.
6. Advocates who have established (formed) an advocate's office shall enter into a partnership agreement with each other in simple written form. Under the partnership agreement, the advocates undertake to combine their efforts to provide qualified legal assistance on behalf of all partners. The partnership agreement shall not be submitted for state registration of the advocate's office.
7. The general affairs of the advocate's office shall be managed by the managing partner, unless otherwise provided for by the partnership agreement. An agreement for the provision of qualified legal assistance may be concluded by the advocate's office in its own name, on the instructions of, at the expense of, and in the interests of all partners comprising it.
8. An advocate office, established (created) by a single advocate shall carry out its activities on the basis of the charter.
9. An advocate of an advocate office shall, within ten calendar days after its state registration and (or) admission to an advocate office, notify in written form the relevant advocates’ collegium and submit at its disposal the partnership documents of an advocate office.
10. The property, contributed by the partners of an advocate office as contributions shall be owned by an advocate office on the basis of ownership.
11. Changes in the composition of the partners of an advocate office can be carried out due to:
1) the exit of a partner;
2) adoption of a new partner;
3) termination by the partner of advocate activities on the grounds provided for by this Law.
12. Partners of an advocate office shall be entitled to:
1) when leaving an advocate office or terminating an advocate practice, receive a part of the property of an advocate office or the value of this property within the value of the property transferred by them an advocate office property, unless otherwise provided by the charter of an advocate office;
2) in case of liquidation of an advocate office, receive a part of its property remained after settlements with creditors, within the limits of the property value, transferred by them to the property of an advocate office.
13. Special permission of state bodies for creation of advocate offices shall not be required.
Footnote. Article 63 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication); dated 18.07.2025, № 215-VIII (effective from 01.01.2026).Article 64. Carrying out advocate practice individually
1. An advocate, who has taken decision to carry out professional activities individually, shall notify the advocates’ collegium about it.
The notification shall include surname, first name and patronymic (if any) of an advocate, his permanent location.
2. A lawyer, carrying out professional activities individually without forming a legal entity shall have the right to have settlement and other bank accounts, a personal seal, stamps, personal forms.
Article 65. The Republican collegium of advocates
1. The Republican collegium of advocates shall be a non-commercial, independent, professional, self-governing, self-financing organization based on the mandatory membership of the advocates’ collegiums.
2. The Republican Bar Association, as an organization of advocates’ self-government, shall be established for the purpose of representing and protecting the interests of Bar Associations and advocates in state and other organizations in the Republic of Kazakhstan and beyond its borders, coordinating the activities of Bar Associations, and ensuring a high level of qualified legal assistance provided by advocates.
3. The Republican collegium of advocates shall be formed by the Republican conference of advocates’ collegiums.
4. The Charter of the Republican collegium of advocates shall be adopted by the Republican conference of advocates’ collegiums.
5. The Republican collegium of advocates shall be subject to state registration in accordance with the legislation of the Republic of Kazakhstan.
6. Reorganization and liquidation of the Republican collegium of advocates shall be carried out in the manner, established by the legislation of the Republic of Kazakhstan.
7. Decisions of the Republican collegium of advocates and its bodies adopted within their competence shall be obligatory for advocates’ collegiums and advocates.
8. The Republican Bar Association shall maintain an up-to-date register of advocates.
9. The Republican collegiums of advocates shall consider complaints against actions (inaction) of advocates, decisions of the management bodies of advocates’ collegiums in accordance with this Law.
10. In cases provided for by the charter, an ethics commission and other bodies acting under the provisions adopted by the Republican conference of advocates’ collegiums may be created in the Republican collegium of advocates.
Footnote. Article 65 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 66. The charter of the Republican collegium of advocates
1. The charter of the Republican collegium of advocates shall provide for:
1) the name, subject and objectives of the activity of Republican collegium of advocates;
2) the rights and obligations of the members of the Republican collegium of advocates;
3) the structure of the Republican collegiums of advocates, the procedure of formation and competence of its bodies;
4) the sources of formation of property and the procedure of its disposal;
5) the size and procedure of contributions made by the advocates’ collegiums;
6) the procedure for reorganization and liquidation of the Republican collegiums of advocates.
2. The Charter of the Republican Collegium may contain other provisions that do not contradict the legislation of the Republic of Kazakhstan.
Footnote. Article 66 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 67. Republican conference of advocates’ collegiums
1. The supreme body of the Republican collegium of advocates shall be the Republican conference of advocates’ collegiums, which is convened at least once every two years. The conference shall be considered eligible if delegates from at least three-quarters of the members of the Republican collegium of advocates take part in its work.
2. The conference shall have the right to resolve any issues regarding the activities of the Republican collegium of advocates.
The exclusive competence of the conference shall include:
1) adoption of the charter of the Republican collegium of advocates and introduction of amendments and additions to it;
2) determination of the location of the presidium of the Republican collegium of advocates;
3) election and dismissal of members of the presidium of the Republican collegium of advocates;
4) election and dismissal of the chairman of the Republican collegium of advocates;
5) election and dismissal of members and chairman of the audit commission of the Republican collegium of advocates;
6) election and dismissal of members and chairman of the disciplinary commission of advocacy;
7) approval of the rules of representation of delegates from the advocates’ collegiums to the Republican conference;
8) approval of the Code of professional ethics of advocates and introduction of amendments and additions to it;
9) approval of regulations on the procedure for conducting attestation of advocates;
10) Excluded from 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication);11) Excluded from 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication);
12) Excluded from 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication);
13) Excluded from 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication);
14) Excluded from 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication);
15) Excluded from 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication);
16) Excluded from 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication);
17) Excluded from 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication);
18) approval of the scope and procedure for providing comprehensive social qualified legal assistance;
19) approval of the rules of behavior of advocates in the media;
20) Excluded from 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication);21) Excluded from 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication);
22) determination of the amount and procedure of contributions made by the bar associations for the general needs of the Republican Bar Association;
23) approval of the cost estimates for the maintenance of the Republican collegiums of advocates;
24) approval of the report of the presidium of the Republican collegium of advocates, including execution of the cost estimates for the maintenance of the Republican collegium of advocates;
25) approval of the report of the audit commission on the results of financial and economic activities of the Republican collegium of advocates;
26) adoption of the reglament of the conference;
27) performance of other functions provided for by the charter of the Republican collegiums of advocates and the legislation of the Republic of Kazakhstan.
Footnote. Article 67 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (for the procedure of implementation, see art. 2).Article 68. The presidium of the Republican collegium of advocates
1. The presidium of the Republican collegium of advocates shall be a collegial executive body of the Republican collegium of advocates.
2. The Presidium of the Republican collegium of advocates shall be elected by secret voting for four years and consist of an equal number of advocates from each advocates’ collegium.
The same person may not be on the presidium of the Republican collegium of advocates for more than one term.
3. The presidium shall:
1) organize the work of the Republican collegium of advocates;
2) organize execution of decisions of the Republican conference of advocates’ collegiums;
3) in the period between conferences, make decisions on early termination of powers of the members of the Presidium and the audit commission excluded from the members of the advocates’ collegiums on the grounds provided for by this Law;
4) develop documents subject to approval by the Republican conference of advocates’ collegiums, in accordance with Article 67 of this Law;
5) coordinate the activities of advocates’ collegiums;
6) submit to the authorized body statistical information on qualified legal assistance provided by advocates in the form approved by the authorized body;
7) organize work on improving professional level of advocates, develop a unified methodology of professional training of advocates;
8) protect social and professional rights of advocates;
9) participate in the examination of drafts of regulatory legal acts on the issues related to advocacy, in cases and in the manner provided by the legislation of the Republic of Kazakhstan;
10) summarize quarterly the reports of advocates’ collegiums on their activities;
11) organize methodological support on the issues of advocate practice;
12) organize informational support of the advocates’ collegiums;
13) annually, according to the results of monitoring, determine the average cost of the advocates’ collegiums services (by types of services) and ensure placement of this information on the Internet resource of the Republican collegiums of advocates and publication in the media;
14) publish on the Internet resource of the Republican collegium of advocates:
the list of advocates engaged in advocate practice, as well as the lists of advocates of territorial bar advocates’ collegiums in the current state;
regulatory legal acts of the Republic of Kazakhstan concerning legal practice and qualified legal assistance;
Code of professional ethics for advocates;
standards for the provision of qualified legal assistance;
quality criteria for qualified legal assistance;
standards of professional development;
report on financial and economic activities of the Republican collegiums of advocates, including information on all revenues and expenses for each specific separately;
information on the composition of the presidium of the advocates’ collegiums and the Republican collegium of advocates;
information on the provision of comprehensive social qualified legal assistance;
results of the work of the disciplinary commission of the advocacy;
activities and events of the advocacy;
and other necessary information about the activities of the Republican collegium of advocates.
The Republican collegium of advocates should provide ways of obtaining information by the members of the advocates’ collegiums;
15) convene the Republican conference of advocates’ collegiums at least once every two years and form its agenda;
16) within its competence, dispose of the property of the Republican collegium of advocates in accordance with the estimate and purpose of the property;
17) approve the reglament of the presidium of the Republican collegium of advocates;
18) approve the emblem of the Republican collegium of advocates;
18-1) approve standards for the provision of qualified legal assistance in agreement with the authorized body;
18-2) approve quality criteria for the provision of qualified legal assistance in agreement with the authorized body;
18-3) approve the form and description of the advocate's gown;
18-4) develop and approve the form of an advocate's certificate and the procedure for filling it out;
18-5) approve the regulation on the procedure for the internship by interns of advocates in agreement with the authorized body;
18-6) approve the standards for advanced training of advocates in agreement with the authorized body;
18-7) approve the procedure for advanced training of advocates;
18-8) approve the form, procedure for drawing up and sending the advocate's request in agreement with the authorized body;
18-9) approve the regulation on the disciplinary commission of advocates;
18-10) approve the regulation on the disciplinary commission of the bar;
18-11) develop and approve methodological recommendations on combating legalization (laundering) of proceeds from crime, financing of terrorism and financing of the proliferation of weapons of mass destruction for lawyers, taking into account the specifics and characteristics of their activities;
18-12) conduct within its competence analysis and monitoring of the activities of lawyers to identify the risks of legalization (laundering) of proceeds from crime, financing of terrorism and financing of the proliferation of weapons of mass destruction, summarize the practice of applying the legislation of the Republic of Kazakhstan on combating legalization (laundering) of proceeds from crime, financing of terrorism and financing of the proliferation of weapons of mass destruction, and make propositions for its improvement, with the annual provision of such information to the financial monitoring authority in the form and within the timeframes established by the financial monitoring authority;
19) perform other functions provided for by the charter of the Republican collegium of advocates.
4. At the request of the audit commission or at least one third of the total number of advocates collegiums, the presidium of the Republican collegium of advocates shall be obliged to convene an extraordinary Republican conference within two months.
5. The decisions of the presidium shall be taken by a simple majority of the total number of members present at its meeting.
Footnote. Article 68 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication); dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 69. The chairman of the Republican collegium of advocates
1. An advocate, having at least five years of experience in advocacy may be elected as a chairman of the Republican collegium of advocates. The chairman of the Republican collegium of advocates shall be elected by secret voting for a term of four years.
One and the same person cannot hold the position of a chairman of the Republican collegium of advocates for more than one term.
2. The chairman of the Republican collegium of advocates shall:
1) represent the Republican collegium of advocates in state and other organizations, as well as in relations with individuals;
2) act on behalf of the Republican collegium of advocates without a letter of attorney;
3) issue letters of attorney;
4) conclude transactions on behalf of the Republican collegium of advocates and dispose of the property of the Republican collegium of advocates by the decision of the presidium of the Republican collegium of advocates in accordance with the estimate and purpose of the property;
5) convene meetings of the presidium of the Republican collegium of advocates;
6) ensure implementation of the decisions of the presidium of the Republican collegium of advocates and the decisions of the Republican conference of advocates’ collegiums.
Article 70. The audit commission of the Republican collegium of advocates
1. The audit commission of the Republican collegium of advocates shall be a body of the Republican collegium of advocates, exercising control over its financial and economic activities, and accountable to the Republican conference of advocates’ collegiums.
2. The audit commission of the Republican collegium of advocates may be formed from among the members of the advocates’ collegiums. Members of the audit commission of the Republican collegium of advocates shall not be entitled to hold any other elective position in the Republican collegium of advocates.
The audit commission of the Republican collegium of advocates shall be composed of no more than five persons.
Members of the audit commission of the Republican collegium of advocates shall carry out their activities on a voluntary basis free of charge.
3. The Audit Commission of the Republican Bar Association shall be elected by the Republican Conference of Bar Associations for a term not exceeding four years.
The same person cannot be a member of the audit commission of the Republican collegium of advocates for more than one term.
4. The audit commission of the Republican collegium of advocates shall have the right to inspect at any time financial and economic activities of the Republican collegium of advocates and shall have for this purpose the right of access to all documentation of the Republican collegium of advocates. At the request of the audit commission of the Republican collegium of advocates, members of the bodies of the Republican collegium of advocates shall be obliged to give necessary explanations orally or in written form.
5. The audit commission of the Republican collegium of advocates shall review the annual report on financial and economic activities of the Republican collegium of advocates and publish its results on the Internet resource of the Republican collegium of advocates.
6. The audit commission of the Republican collegium of advocates shall submit a report to the regular meeting of the Republican conference of advocates’ collegiums.
7. The procedure of work, frequency of submission of the report of the audit commission of the Republican collegium of advocates shall be determined by the charter and internal documents of the Republican collegium of advocates.
Footnote. Article 70 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 71. The property of the Republican collegium of advocates
1. The property of the Republican collegium of advocates shall be formed at the expense of contributions made by advocates’ collegiums, grants and charitable assistance, donations received from legal entities and individuals in the manner established by the legislation of the Republic of Kazakhstan.
2. Expenses for general needs of the Republican collegium of advocates include expenses for its material support, remuneration of advocates and compensation of expenses related to their work in the bodies of the Republican collegium of advocates, expenses for wages of employees of the Republican collegium of advocates and other expenses provided for by the legislation of the Republic of Kazakhstan and the estimate of the Republican collegium of advocates.
Article 72. Disciplinary responsibility of advocates
1. Bringing a lawyer to disciplinary responsibility shall be carried out by the disciplinary commission of advocates.
The disciplinary commission of advocates is an independent body of the advocates’ collegium elected by the general meeting (conference) of the members of the advocates’ collegium and accountable to it. The decisions of the disciplinary commission of advocates are binding.
The composition of the disciplinary commission of advocates shall include six advocates with at least five years of experience in advocate practice on the proposal of the advocates’ collegium, three members of the public, proposed by the justice authorities, two retired judges.
The Chairman of the disciplinary commission of lawyers is the Bar Association.
The same person may not be a member of the disciplinary commission of lawyers for more than one term.
The regulation on the disciplinary commission of advocates and the procedure for bringing to disciplinary responsibility shall be established by the Republican collegium of advocates.
The term of office of the Disciplinary Commission of Advocates shall be four years.
2. The disciplinary case shall be considered by the disciplinary commission of advocates within a period of not more than two months from the date of detection of the violation. Disciplinary proceedings may be suspended in cases of temporary incapacity for work of the advocate and his being on a business trip. The period of suspension shall not be included in the total period of consideration of the disciplinary case.
3. When considering a disciplinary case, the disciplinary commission of advocates shall be obliged to invite to its meetings the persons, who have submitted complaints, as well as members of the advocates’ collegium, in respect of whom the complaint is being considered.
If the judicial authorities make a submission on initiation of disciplinary proceedings, its mandatory consideration shall be carried out with the participation of a representative of the judicial authority.
Non-appearance of the mentioned persons, duly notified of the time and place of the hearing, does not prevent the review of disciplinary proceedings.
4. The basis for initiating disciplinary proceedings shall be the presence of sufficient grounds indicating a violation by an advocate of the requirements of this Law, the legislation of the Republic of Kazakhstan on legal practice and qualified legal assistance, the Code of Professional Ethics of Advocates, the charter of the Bar Association, and decisions of the bodies of the Republican Bar Association and Bar Associations.
5. The disciplinary commission of lawyers shall have the right to apply the following disciplinary measures to an advocate:
1) remark;
2) reprimand;
3) severe reprimand;
4) exclusion from the advocates’ collegium on the grounds and in the manner prescribed by Article 60 of this Law.
6. Only one disciplinary penalty may be imposed for committing of a disciplinary offence by an advocate.
Disciplinary punishment may be imposed within a period of not more than one month from the date of its detection, but not more than six months from the date of its committing.
Based on the results of consideration of a disciplinary case, the disciplinary commission may issue an instruction obliging a member of the advocates’ collegium to eliminate the revealed violations and establishing the terms of their elimination.
7. The decisions provided for in paragraph 5 of this Article shall be taken by a majority vote of the members of the disciplinary commission of advocates and shall enter into force on the date of their adoption.
A meeting of the disciplinary commission of advocates shall be considered eligible if more than half of its members are present.
8. The Bar Association, within five working days from the day the disciplinary commission of advocates shall decide to apply disciplinary measures against a member of the Bar Association, send a copy of the decision to the member of the Bar Association, as well as to the person who filed the complaint on which the decision was made, using the means of communication, ensuring its receipt.
9. The decision of the disciplinary commission of advocates may be challenged in the disciplinary commission of the bar or court within three months from the date of announcement of this decision.
10. The results of the work of the disciplinary commission of advocates shall be posted on the Internet resource of the advocates’ collegium.
Footnote. Article 72 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 73. Disciplinary commission of the advocacy
1. Bringing to disciplinary responsibility of members of the governing bodies of the advocates’ collegiums, members of the governing bodies of the Republican collegium of advocates shall be carried out by the disciplinary commission of the advocacy.
The disciplinary commission of the advocacy shall also consider complaints against the decisions of the disciplinary commission of advocates, summarize disciplinary practice.
The disciplinary commission of advocacy is an independent body of the Republican collegiums of advocates elected by the Republican conference of the advocates’ collegiums and is accountable to it. The decisions of the disciplinary commission of the advocacy are binding.
The composition of the disciplinary commission of the advocacy shall include six lawyers with at least five years of experience in advocate practice on the proposal of the Republican collegiums of advocates, three members of the public, proposed by the authorized body, two retired judges.
The Chairman of the disciplinary commission of the advocacy shall be an advocate.
The same person cannot be a member of the disciplinary commission of the advocacy for more than one term.
The term of office of the Disciplinary Commission of the Bar shall be four years.
2. Bringing to disciplinary responsibility of members of the governing bodies of the advocates’ collegiums, members of the governing bodies of the Republican collegium of advocates shall be carried out according to the rules established by Article 72 of this Law.
3. The disciplinary commission of the advocacy shall have the right to apply the following disciplinary measures to the members of the management bodies of the advocates’ collegiums, members of the management bodies of the Republican collegium of advocates:
1) remark;
2) reprimand;
3) severe reprimand.
4. If, as a result of examination of the case, the disciplinary commission determines that there are grounds for exclusion of the person brought to responsibility from the advocates’ collegium, it shall instruct the relevant advocates’ collegium to consider the termination of an advocate's membership in the advocates’ collegium.
The decision of the advocates’ collegium to exclude a member from the collegium may be appealed to the court within one month from the date of delivery to an advocate of a copy of the resolution of the presidium of the advocates’ collegium.
5. The disciplinary commission of the advocacy on the results of consideration of the complaint against the decision, action (inaction) of the disciplinary commission of advocates shall have the right to:
1) leave the complaint without satisfaction, and the decision of the disciplinary commission of advocates unchanged;
2) change the decision of the disciplinary commission of advocates;
3) cancel the decision of the disciplinary commission of advocates and make a new decision;
4) send the case for a new consideration to the appropriate disciplinary commission of advocates and oblige the disciplinary commission of advocates to perform certain actions.
A meeting of the disciplinary commission of the advocacy shall be considered eligible if more than half of its members are present.
The decision of the disciplinary commission of the advocacy shall be made by open voting by a majority of votes of the members of the commission present at the meeting.
The decision of the disciplinary commission of the advocacy may be disputed in the court.
6. The results of the work of the disciplinary commission of the advocacy shall be posted on the Internet resource of the Republican collegiums of advocates.
Footnote. Article 73 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 74. The appeal of actions (inaction) of the advocates’ collegium, the decisions of its management bodies
A person in case of violation of his rights and legitimate interests by actions (inaction) of the advocates’ collegium and (or) decisions of its governing bodies shall have the right to dispute such actions (inaction) and (or) decisions in the Republican collegium of advocates or in the court.
SECTION 4. PROVISION OF qualified legal assistance BY LEGAL CONSULTANTS
Chapter 5. THE STATUS OF A LEGAL CONSULTANT
Article 75. A legal consultant
1. A legal consultant is an individual who has a higher legal education, at least two years of work experience in the legal profession, has passed certification, is a member of the Chamber of Legal Consultants, and providing qualified legal assistance.
2. A legal consultant may provide qualified legal assistance independently by engaging in private practice in the form of individual entrepreneurship or without state registration as an individual entrepreneur, as well as on the basis of an employment contract with a legal entity.
Article 76. Rights and obligations of a legal consultant
1. A legal consultant shall have the right to provide any qualified legal assistance required by a person who has applied for assistance, in accordance with the procedure and conditions established by the legislation of the Republic of Kazakhstan.
2. A legal consultant shall conclude a written agreement on the provision of qualified legal assistance with the person who applied to them on their own behalf.
In the case of providing qualified legal assistance by a legal consultant acting on the basis of an employment contract with a legal entity, the written agreement on the provision of qualified legal assistance to the client shall be concluded by the legal entity.
3. A legal consultant, acting as a representative, shall be eligible to:
1) represent the rights and interests of persons who have applied for qualified legal assistance in courts, state bodies, other bodies and organizations whose competence includes resolving relevant issues;
2) request and receive information necessary for providing qualified legal assistance from all state bodies, local self-government bodies, and legal entities;
3) in the manner and within the limits established by the legislation of the Republic of Kazakhstan, independently collect the factual data necessary for rendering legal assistance, as well as submit them to the state bodies and officials;
4) review materials relating to the person who applied for qualified legal assistance, including procedural documents and court cases, and record the information contained therein by any means not prohibited by law;
5) request, on a contractual basis, expert opinions to clarify issues arising in connection with the provision of qualified legal assistance and requiring special knowledge in the fields of science, technology, art, and other areas of activity;
6) submit petitions, bring in the prescribed manner complaints against the decisions and actions (inaction) of the bodies of state power, local self-government, public associations, organizations, officials and civil servants, infringing the rights and interests of persons protected by law, who applied for assistance;
7) use all means and methods of protecting the rights and legitimate interests of persons who have applied for qualified legal assistance that are not prohibited by law;
8) conduct conciliation procedures;
9) provide comprehensive social qualified legal assistance;
10) perform other actions not contradicting the legislation of the Republic of Kazakhstan.
4. The legal consultant shall be obliged to:
1) comply with the requirements of the legislation of the Republic of Kazakhstan on legal practice and qualified legal assistance, as well as the requirements of the rules and standards of the Chamber of Legal Consultants;
2) comply with the rules of the Code of professional ethics established by the chamber of legal consultants, of which he is a member, and also pay the fees established by this Law;
3) be guided in professional activities by the principles of providing qualified legal assistance;
4) be a member of one of the Chambers of Legal Consultants in order to provide qualified legal assistance in the form of representing the interests of persons in courts;
5) notify the client of the impossibility of their participation in providing qualified legal assistance due to circumstances preventing its provision;
6) ensure the preservation of documents received from the client and third parties during the provision of qualified legal assistance;
7) provide the client with information on the membership in the chamber of legal consultants;
8) submit a copy of the professional liability insurance contract of the legal consultant upon the client's request;
9) at the request of the client, submit an extract from the register of members of the chamber of legal consultants, of which he is a member;
10) enter into an agreement on non-disclosure of confidential information with the client, if the client does not object to this;
11) perform any actions not prohibited by the Law on establishment the actual circumstances, aimed at ensuring the rights, freedoms and legitimate interests of the client;
12) at the client’s request, store copies of documents used in providing qualified legal assistance on paper or electronic media or in the form of electronic documents for three years from the date of completion of providing qualified legal assistance;
13) constantly improve their qualification;
14) carry out insurance of professional liability.
5. In case the legal consultant has an employment relationship with a legal entity, the duties provided for in subparagraphs 5), 6), 8), 10) and 12) of paragraph 4 of this Article shall be assigned to this legal entity.
6. A legal consultant shall be prohibited to take a legal position in the case that worsens the position of the person, who applied for assistance, to use his powers to the detriment of the person whose interests he (she) represents.
7. A legal consultant shall be prohibited from providing qualified legal assistance in the event of a conflict of interest.
A legal consultant shall refuse to provide qualified legal assistance in cases where:
there is a conflict of interests between the client and the legal consultant, his close relatives, and also in the presence of other circumstances, constituting the conflict of interests;
there are grounds stipulated by the procedural legislation of the Republic of Kazakhstan.
Article 76-1. Guarantees for the activities of the legal consultant
1. The rights of a legal consultant are not subject to restrictions, except for cases expressly provided for by the laws of the Republic of Kazakhstan. Intervention or obstruction of the lawful activities of a legal consultant shall entail liability under the laws of the Republic of Kazakhstan.
2. State bodies, local self-government bodies, and legal entities shall be obliged to provide a written response within ten working days to a request from a legal consultant related to the provision of qualified legal assistance.
The submission of the requested information to the legal consultant may be refused if the information is classified as information with restricted access.
3. A legal consultant, when performing an accepted assignment, shall have the right to use computers, smartphones, and other technical devices necessary for providing qualified legal assistance in courts and other state and non-state bodies and organizations, in accordance with the procedure established by the procedural legislation of the Republic of Kazakhstan.
Footnote. Chapter 5 supplemented by Article 76-1 in accordance with the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 77. Insurance of the activity of a legal consultant
1. A legal consultant shall conclude a professional liability insurance agreement for obligations arising as a result of causing harm to third parties to whom qualified legal assistance is provided in accordance with the agreement.
A legal consultant shall not commence the provision of qualified legal assistance in the absence of a professional liability insurance agreement.
In case that a legal consultant has an employment relationship with a legal entity, the obligation to conclude a legal consultant’s professional liability insurance contract shall be imposed on this legal entity.
2. The object of professional liability insurance of a legal consultant shall be the property interests of the policyholder (insured person) related to their obligation, in accordance with the procedure established by the legislation of the Republic of Kazakhstan, to compensate for harm caused to third parties to whom qualified legal assistance is provided under the agreement as a result of carrying out their activities.
3. An insured event under a professional liability insurance agreement of a legal consultant shall be the occurrence of civil liability of the policyholder for compensation of harm caused to the property interests of third parties to whom qualified legal assistance is provided under the agreement as a result of professional errors committed by the insured person when providing qualified legal assistance.
Professional errors for the purposes of this Article shall be understood as:
1) missing procedural deadlines;
2) incorrect registration of documents;
3) failure to notify the person to whom qualified legal assistance is provided under the agreement about the consequences of legal actions taken that resulted in causing harm to them;
4) loss or damage of documents received by the policyholder (insured person) from the client for the provision of qualified legal assistance;
5) unlawful disclosure of information that became known to the insured person in the process of providing qualified legal assistance.
The professional liability insurance agreement of a legal consultant may specify other actions (inactions) that resulted in harm to the property interests of third parties to whom qualified legal assistance is provided under the agreement as a result of such assistance provided by the insured person.
4. An insured event shall be considered to have occurred if the harm caused to third parties to whom qualified legal assistance is provided under the agreement resulted from an unintentional violation by the policyholder (insured person) of their professional duties.
5. The amount of the insurance sum under the contract of professional liability insurance of a legal consultant shall be determined by its conditions and must be for legal consultants operating in the territory of the city of republican significance, the capital city – not less than a thousandfold, for other legal consultants – not less than five times the size of the monthly calculation index established by the Law on the Republican budget for the relevant financial year, on the date of conclusion of the contract of professional liability insurance of a legal consultant.
The procedure and other conditions of professional liability insurance of a legal consultant shall be determined by an agreement of the parties on the basis of a standard contract of professional liability insurance of a legal consultant.
Article 77-1. Legal consultant assistants
1. Legal consultants may have assistants.
2. Assistants to the legal consultant may work based on an employment contract.
Assistants to legal consultants shall have the right, at the direction and under the responsibility of the legal consultant, to carry out his instructions.
Footnote. Chapter 5 supplemented by Article 77-1 in accordance with the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 77-2. The secret of the legal consultant
1. The secret of a legal consultant shall be the fact of contacting a legal consultant, information about the content of verbal and written negotiations with the person who applied for help and other persons, about the nature and results of actions taken in the interests of the person who applied for help.
2. Legal consultants, their assistants, officials of the Chambers of Legal Consultants and their bodies, as well as a person who has lost the status of a legal consultant, shall not disclose or use for their own interests or the interests of third parties any information obtained in connection with the provision of qualified legal assistance and/or as a result of carrying out their professional activities.
3. For the disclosure of information related to the secret of a legal consultant, without the consent of the person who applied for assistance, except for the cases provided for by the legislation of the Republic of Kazakhstan, the persons specified in paragraph 2 of this Article shall be liable in accordance with the laws of the Republic of Kazakhstan.
4. Provision of data and information to the financial monitoring authority in accordance with the Law of the Republic of Kazakhstan “On Combating Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of the Proliferation of Weapons of Mass Destruction” does not constitute a disclosure of legal counsel privilege.
5. The obligation to keep professional secrets shall not be limited in time.
6. Legal consultants, their assistants, officials of the chambers of legal consultants and their bodies, as well as a person who has lost the status of a legal consultant, shall be obliged to take the necessary measures to maintain professional secrecy, including its protection from unauthorized access.
Footnote. Chapter 5 supplemented by Article 77-2 in accordance with the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Chapter 6. ORGANIZATION OF THE ACTIVITY OF LEGAL CONSULTANTS
Article 78. The chamber of legal consultants
1. A Chamber of Legal Consultants shall be recognized as a self-regulatory organization based on mandatory membership, established for the purpose of regulating activities related to the provision of qualified legal assistance and monitoring the activities of its members in terms of their compliance with the requirements of the legislation of the Republic of Kazakhstan on legal practice and qualified legal assistance, the rules and standards of the Chamber of Legal Consultants, and the Code of Professional Ethics, included in the register of Chambers of Legal Consultants, and uniting at least two hundred legal consultants on the basis of membership.
2. The activity of the chamber of legal consultants shall be regulated by the Law of the Republic of Kazakhstan "On self-regulation", this Law, the legislation of the Republic of Kazakhstan, as well as the charter, rules and standards of the chamber of legal consultants.
Footnote. Article 78 as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 78-1. Republican Collegium of Legal Consultants
1. The Republican Collegium of Legal Consultants is a non-profit organization based on the voluntary membership of Chambers of Legal Consultants representing at least two-thirds of the regions (the capital and cities of republican significance), the activities and powers of which shall be determined by this Law, other legislation of the Republic of Kazakhstan, and the charter of the collegium, and shall be carried out in relation to and in the interests of the Chambers of Legal Consultants that are its members.
The Republican Collegium of Legal Consultants shall be established by the founding congress of representatives of Chambers of Legal Consultants representing at least two-thirds of the regions (the capital and cities of republican significance).
2. The governing bodies of the Republican Collegium of Legal Consultants shall be:
1) the supreme governing body - the congress of representatives of the chambers of legal consultants;
2) permanent executive body of management - a board headed by a chairperson;
3) participate in the development of regulatory legal acts and develop methodological materials on issues of qualified legal assistance;
3. Republican Collegium of Legal Consultants shall:
1) coordinate the activities of the chambers of legal consultants;
2) represent the interests of the chambers of legal consultants in state bodies, non-governmental organizations, including foreign and international ones;
3) take part in the development of regulatory legal acts and develop methodological materials on issues of legal assistance;
4) carry out other activities that do not contradict the legislation of the Republic of Kazakhstan and international treaties.
4. The Chairperson of the Republican Collegium of Legal Consultants shall be elected by secret ballot for a term of four years. Herewith, the same person may not hold the position of chairperson of the collegium for more than two consecutive terms.
5. The powers of the chairperson of the Republican Collegium of Legal Consultants shall be determined by its charter.
6. The Congress of the Republican College of Legal Advisers shall determine the amount and procedure for making monthly contributions deducted by the chambers of legal advisers for the general needs of the Republican College of Legal Advisers.
7. The Board of the Republican Collegium of Legal Consultants shall draw up an annual report on the financial and economic activities of the Republican Collegium of Legal Consultants, including information on all receipts and expenses, and place it on the Internet resource of the Republican Collegium of Legal Consultants.
8. The Audit Commission (Auditor) of the Republican Collegium of Legal Consultants shall conduct an audit of the annual report on the financial and economic activities of the Republican Collegium of Legal Consultants and place its results on the Internet resource of the Republican Collegium of Legal Consultants.
Footnote. Chapter 5 supplemented by Article 78-1 in accordance with the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (for the procedure of implementation, see art. 2); as amended by the Law of the Republic of Kazakhstan dated 11.06.2026 № 306-VIII (shall enter into force on 01.07.2026).Article 79. The charter of the chamber of legal consultants
The charter of the chamber of legal consultants shall be developed on the basis of the model charter of the chamber, approved by the authorized body.
Article 80. Functions of the chamber of legal consultants
The chamber of legal consultants shall perform the following functions:
1) establishes the rules of professional behavior and the Code of professional ethics;
2) establishes the rules and conditions for admission to membership in the chamber;
3) establish, in agreement with the authorized body, standards for the provision of qualified legal assistance and quality criteria for qualified legal assistance, and ensure their compliance by members of the Chamber;
4) ensures placement at least once a year on its Internet resource a summary of analytical information about the generated average cost of legal services rendered by the members of the chamber for the previous period, starting from the date of the last placement of this information, based on the data provided by the members of the chamber, taking into account confidentiality requirements;
5) establish the scope and procedure for providing comprehensive social qualified legal assistance;
6) ensures professional development of its members in accordance with the approved standards of the chamber;
7) organizes information and methodological support for the members of the chamber of legal consultants;
7-1) organize work on providing state-guaranteed qualified legal assistance in accordance with the legislation of the Republic of Kazakhstan;
8) represents the interests of its members in state bodies, non-state organizations, including foreign and international ones;
9) exercises control over compliance by members of the Chamber of Legal Consultants with the requirements of the legislation of the Republic of Kazakhstan on legal practice and qualified legal assistance, the rules and standards for the provision of qualified legal assistance, and the Code of Professional Ethics;
9-1) organizes work to ensure compliance by legal consultants with the requirements of the legislation of the Republic of Kazakhstan on combating corruption, combating legalization (laundering) of proceeds from crime, financing of terrorism and financing of the proliferation of weapons of mass destruction;
10) consider issues regarding bringing members of the Chamber of Legal Consultants to responsibility for violations of the requirements of this Law, the legislation of the Republic of Kazakhstan on legal practice and qualified legal assistance, the rules and standards for the provision of qualified legal assistance, and the Code of Professional Ethics;
11) contributes to organization of professional practice by the graduates of post-secondary, higher legal education organizations;
12) summarize practice and develop recommendations and proposals for further improvement and development of qualified legal assistance;
13) keeps a register of the members of the chamber of legal consultants;
13-1) develops and approves methodological recommendations on combating legalization (laundering) of proceeds from crime, financing of terrorism and financing of the proliferation of weapons of mass destruction for legal consultants, taking into account the specifics and characteristics of their activities;
13-2) conducts within its competence an analysis and monitoring of the legal consultants’ activities in order to identify the risks of legalization (laundering) of proceeds from crime, financing of terrorism and financing of the proliferation of weapons of mass destruction, summarizes the practice of applying the legislation of the Republic of Kazakhstan on combating legalization (laundering) of proceeds from crime, financing of terrorism and financing of the proliferation of weapons of mass destruction and makes propositions for its improvement with the annual provision of such information to the financial monitoring authority in the form and within the timeframes established by the financial monitoring authority;
14) carries out other functions established by this Law, the legislation of the Republic of Kazakhstan, the charter of the chamber of legal consultants.
Footnote. Article 80 as amended by the laws of the Republic of Kazakhstan dated 20.06.2022 № 128-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication); dated 01.07.2022 № 131-VII (shall be enforced sixty calendar days after the date of its first official publication).Article 81. Rights and responsibilities of the chamber of legal consultants
The rights and obligations of the chamber of legal consultants shall be determined by the Law of the Republic of Kazakhstan "On self-regulation".
The chamber of legal consultants shall be obliged to submit quarterly information to the authorized body on inclusion of members in the chamber of legal consultants, suspension of membership and expulsion from membership.
Article 82. Membership in the Chamber of Legal Consultants
Membership in a Chamber of Legal Consultants for persons providing qualified legal assistance in the form of representing the interests of individuals and legal entities in accordance with the Civil Procedure Code of the Republic of Kazakhstan and the Administrative Procedural and Process-Related Code of the Republic of Kazakhstan shall be mandatory.
Footnote. Article 82 - as amended by the Law of the Republic of Kazakhstan dated 29.06.2020 № 351-VI (shall come into effect from 01.07.2021).Article 83. Conditions and procedure for acquisition and termination of membership in the chamber of legal consultants
1. A member of the chamber of legal consultants may be an individual who meets the requirements set forth in Article 75 of this Law, as well as passed an attestation.
The chamber of legal consultants may provide for additional requirements for the members of the chamber.
Attestation shall be carried out in the form of complex testing for the knowledge of the legislation of the Republic of Kazakhstan.
The procedure and conditions for attestation for entry into the chamber of legal consultants shall be determined by the chamber of legal consultants in coordination with the authorized body.
An applicant conforming to the requirements of this Law and having obtained the threshold score of complex testing established by the chamber of legal consultants shall be considered to have passed the attestation.
A person who is legally recognized as incapable or partially capable or having a conviction that has not been redeemed or has not been removed in accordance with the Law may not be a legal consultant.
The following ones shall be exempt from attestation:
1) persons who have passed the qualification examination in the Qualification commission under the Supreme Judicial Council of the Republic of Kazakhstan, successfully completed an internship in the court and received a positive review of the plenary session of the regional or equivalent to it court;
2) persons who have terminated the powers of a judge on the grounds provided for in subparagraphs 1), 2), 3), 9), 10) and 12) paragraph 1 of Article 34 of the Constitutional Law of the Republic of Kazakhstan "On the judicial system and the status of judges of the Republic of Kazakhstan";
3) persons, having academic degree in legal specialty of the Republic of Kazakhstan;
4) persons, having license for advocate practice;
5) persons who have been dismissed from the prosecution and investigation agencies, at the availability of experience in the position of a prosecutor or an investigator for at least ten years, except those dismissed on negative grounds.
2. For entry into the chamber of legal consultants, the applicant shall submit:
1) a document on higher legal education;
2) a certificate of the absence of outstanding or unwithdrawn conviction;
3) documents confirming the existence of work experience in the legal specialty for at least two years;
4) attestation results.
A legal consultant may at the same time be a member of only one chamber of legal consultants that meets the requirements of this Law.
3. The collegial governing body of the chamber of legal consultants shall make a decision on the compliance of the person with the requirements established by this Article within five working days from the date of receipt of the application and necessary documents from such person.
A person in respect of whom a decision has been made on his compliance with the requirements established by this Article shall be considered to be a member of the chamber of legal consultants, and information about such person shall be entered into the register of members of the chamber of legal consultants within three working days from the date of submission of the professional liability insurance contract of legal consultant by such person. Such person within five working days from the date of entering information about him in the register of members of the chamber of legal consultants, shall be issued a document confirming the actual membership in the chamber of legal consultants.
4. The grounds for refusal to admit a person to the members of chamber of legal consultants shall be:
1) non-compliance of a person with the requirements of this Article;
2) exclusion of a person from the register of members of the Chamber of Legal Consultants for violation of the requirements of the legislation of the Republic of Kazakhstan on legal practice and qualified legal assistance, the rules and standards for the provision of qualified legal assistance, and the Code of Professional Ethics, if less than three years have passed since the date of exclusion.
The decision of the chamber of legal consultants on refusal in admission to the chamber of legal consultants may be appealed to an authorized body.
If the dispute is unresolved, the decision of the authorized body may be appealed to the court.
5. The membership in the chamber of legal consultants shall be terminated by the collegial governing body of the chamber of legal consultants:
1) on the basis of application of the legal consultant to withdraw from the members of the chamber of legal consultants;
2) on the grounds stipulated by the charter.
6. A person’s membership in the chamber of legal consultants cannot be terminated until the end of the audit if a complaint against him arrives in the chamber, if a member of the chamber of legal consultants is examined or a case of disciplinary action is considered, and in the event of violations – before the end of consideration by the disciplinary commission of the case of violation and application of disciplinary action.
7. A record of termination of membership in the chamber of legal consultants shall be made on the register of members of the chamber of legal consultants in the event that the chamber of legal consultants receives information confirming the death of a member of the chamber of legal consultants.
8. A person in respect of whom a decision on termination the membership in the chamber of legal consultants is made, shall be obliged to notify his (her) clients about the fact of termination of his (her) membership in the chamber of legal consultants.
9. The chamber of legal consultants, no later than the day following the day when the collegial governing body of the chamber of legal consultants made a decision to terminate the membership of a legal consultant in the chamber of legal consultants, shall be obliged to post such a decision on the Internet resource of the chamber of legal consultants, and also send the copies of such a decision to:
1) a person in respect of whom a decision has been taken to terminate the membership in the chamber of legal consultants;
2) to all self-regulatory organizations included in the register of Chambers of Legal Consultants, if the exclusion of a person from membership in the Chamber of Legal Consultants is related to their violation of the requirements of the legislation of the Republic of Kazakhstan on legal practice and qualified legal assistance, the rules and standards for the provision of qualified legal assistance, and the Code of Professional Ethics;
3) the authorized body.
Article 84. Governing bodies of the chamber of legal consultants
The governing bodies of the chamber of legal consultants shall be:
1) general meeting of members of the chamber of legal consultants;
2) collegial governing body;
3) executive governing body;
4) control body (audit commission).
In accordance with the procedure provided for by the Law of the Republic of Kazakhstan "On self-regulation", specialized bodies may be established in the chamber of legal consultants.
Article 85. General meeting of members of the chamber of legal consultants
1. The supreme governing body of the chamber of legal consultants shall be the general meeting of the members of the chamber of legal consultants.
2. The competence of the general meeting of the members of the chamber of legal consultants and the procedure for its activities shall be determined by the Law of the Republic of Kazakhstan "On self-regulation", this Law and other laws of the Republic of Kazakhstan.
The Charter of the chamber of legal consultants may also provide for other powers of the general meeting of members of the chamber of legal consultants.
Article 86. Collegial governing body and executive governing body of the chamber of legal consultants
The competence, procedure for creation and activity of the collegial governing body and the executive governing body of the chamber of legal consultants shall be determined by the Law of the Republic of Kazakhstan "On self-regulation", this Law, other laws of the Republic of Kazakhstan and the charter of the chamber of legal consultants.
Article 86-1. Payment for State-Guaranteed Qualified Legal Assistance Provided by a Legal Consultant
1. Payment for state-guaranteed qualified legal assistance provided by a legal consultant shall be made from budgetary funds.
2. The amounts of payment for state-guaranteed qualified legal assistance provided by a legal consultant and reimbursement of expenses related to legal consultation, defense and representation, as well as conducting conciliation procedures, shall be established by the Government of the Republic of Kazakhstan.
3. The procedure for payment for qualified legal assistance provided by a legal consultant and reimbursement of expenses related to legal consultation, defense and representation, as well as conducting conciliation procedures, shall be established by the rules for payment of state-guaranteed qualified legal assistance approved by the authorized body.
4. In cases provided for by the legislation of the Republic of Kazakhstan, payment for state-guaranteed qualified legal assistance provided by a legal consultant, travel expenses, transportation expenses, and reimbursement of other expenses related to legal consultation, defense and representation shall be made based on court rulings.
Footnote. Chapter 6 is supplemented by Article 86-1 in accordance with the Law of the Republic of Kazakhstan dated 20.06.2022 № 128-VII (shall be enforced upon expiry of sixty calendar days after the day of its first official publication).Article 87. Audit commission of the chamber of legal consultants
1. The audit commission of the chamber of legal consultants shall be the body of the chamber of legal consultants, carrying out control over the financial and economic activities of the chamber of legal consultants.
2. The audit commission may be formed from among the members of the chamber of legal consultants. Members of the collegial and executive bodies of the chamber of legal consultants may not be members of the audit commission.
The competence and procedure of the activity of the audit commission shall be determined by the Law of the Republic of Kazakhstan "On self-regulation", other laws of the Republic of Kazakhstan and the charter of the chamber of legal consultants.
Article 88. Contributions of the Chamber of Legal Consultants
The Chamber of Legal Consultants shall establish annual membership fees.
The number of annual membership fees must be at least fifteen times and not more than seventy -five times the monthly calculation index established by the law on the republican budget for the corresponding financial year.
Legal consultants shall be exempted from payment of the membership fee for the period of being on maternity or parental leave until the child reaches the age of three years and legal consultants who do not carry out professional activities for more than two consecutive months due to temporary disability.
Legal consultants who carry out professional activities in rural areas or have less than one year of professional experience shall pay membership fees in the amount of fifty per cent of the established rate.
Entrance fees shall be prohibited.
Footnote. Article 88 - as amended by the Law of the Republic of Kazakhstan dated 09.06.2021 № 49-VII (shall come into effect ten calendar days after the day of its first official publication).Article 89. Ensuring access to information and its protection from misuse by the chamber of legal consultants
1. The chamber of legal consultants by means of placement on its Internet resource and publication in the mass media distributed throughout the territory of the Republic of Kazakhstan shall be obliged to ensure access to the following information about:
1) the composition of its members;
2) the conditions, methods and procedure for ensuring the responsibility of the members of the chamber;
3) the members, who have terminated their membership in the chamber of legal consultants and the grounds for termination of their membership;
4) the conditions of membership in the chamber of legal consultants;
5) the content of the rules and standards of the chamber of legal consultants;
6) on the quality criteria for qualified legal assistance;
7) the structure and competence of governing bodies and specialized bodies of the chamber of legal consultants, the quantitative and personal composition of the collegial governing body, the executive governing body of the chamber of legal consultants, the person, performing the functions of the sole executive governing body of the chamber of legal consultants;
8) the decisions taken by the general meeting of the members of the chamber of legal consultants and the collegial governing body;
9) on cases of bringing members of the Chamber of Legal Consultants to liability for violation of the requirements of the legislation of the Republic of Kazakhstan on legal practice and qualified legal assistance, rules and standards, and the Code of Professional Ethics;
10) any claims and applications filed by the chamber of legal consultants before the courts, as well as against the chamber;
11) the report on financial and economic activity including information on all receipts and expenses on each specifics separately;
12) other information provided by this Law, the legislation of the Republic of Kazakhstan and (or) internal documents of the chamber of legal consultants.
2. The chamber shall provide for the ways of obtaining, using, processing, storing and protecting information, the misuse of which by employees may cause moral damage and (or) property damage to the members of the chamber of legal consultants or create preconditions for such harm and (or) damage.
3. The chamber of legal consultants shall be responsible to its members for the actions of its employees related to the misuse of information that has become known to them by virtue of official position.
4. The chamber of legal consultants shall be responsible for non-performance and (or) improper performance of duties on disclosure of information in accordance with the laws of the Republic of Kazakhstan.
Article 90. The register of chambers of legal consultants
1. The authorized body shall maintain a register of the chambers of legal consultants in electronic format.
2. The information contained in the register of the chambers of legal consultants shall be public and be placed on the Internet resource of the authorized body up-to-date.
Information on a non-commercial organization that meets the requirements of Article 78 of this Law shall be entered in the register of chambers of legal consultants on the basis of a notification in accordance with the Law of the Republic of Kazakhstan “On permits and notifications”.
After receiving the notification, the authorized body independently verifies the compliance with the requirements established by this Law and the legislation of the Republic of Kazakhstan by the chamber of legal consultants.
Article 91. Exclusion from the register of chambers of legal consultants
The grounds for exclusion from the register of chambers of legal consultants shall be:
1) the application of the chamber of legal consultants to exclude from the register of chambers of legal consultants;
2) liquidation or reorganization of a non-commercial organization;
3) the court decision on exclusion from the register of chambers of legal consultants that has entered into legal force.
Article 92. The register of members of the chamber of legal consultants
1. The chamber of legal consultants shall maintain a register of members of the chamber of legal consultants in electronic format and place it on its Internet resource up to date.
2. The register of members of the chamber of legal consultants shall be a component of the register of chambers of legal consultants that complies with the requirements of this Law and contains information on membership in the chamber of legal consultants, its suspension and termination.
3. A person shall acquire all the rights of a member of the chamber of legal consultants from the date of the entry of information about him (her) provided for in this Article into the register of members of the chamber of legal consultants.
4. The register of members of the chamber of legal consultants shall contain the following information:
1) the registration number of a member of the chamber of legal consultants, the date of his (her) registration in the register;
2) surname, first name and patronymic (if any) of a member of the chamber of legal consultants, his date of birth, details of the identity document, place of residence, individual identification number (for an individual), contact telephone numbers;
3) information on ensuring the property liability of a member of the chamber of legal consultants;
4) information on the results of inspections of a member of the chamber conducted by the chamber of legal consultants and on the facts of disciplinary and other penalties applied to him (her);
5) other information provided for by the authorized body, the chamber of legal consultants.
5. In respect of persons who terminated their membership in the chamber of legal consultants, the register of members of the chamber of legal consultants, together with information, specified in paragraph 4 of this Article, should contain information on the date of termination of membership in the chamber of the legal consultants and the reasons for such termination, subject to be placed on the Internet resource.
6. The information provided in paragraph 4 of this Article shall be subject to disclosure on the Internet resource of the chamber of legal consultants, except for information on the place of residence, data of an identity document, and other information if access is restricted by the laws of the Republic of Kazakhstan.
7. The chamber of legal consultants shall maintain a register of members of the chamber of legal consultants from the date of entering information about it into the register of chambers in accordance with the requirements established by this Law and the Law of the Republic of Kazakhstan "On self-regulation".
8. A member of the chamber of legal consultants shall be obliged to notify the chamber of legal consultants in written form or by sending an electronic document of the occurrence of any events involving a change in the information contained in the register of members of the chamber of legal consultants within three working days from the day following the day of the occurrence of such events.
9. The information contained in the register of members of the chamber of legal consultants, except for information on the place of residence, data of the identity document, and other information, if access to them is restricted by the laws of the Republic of Kazakhstan, shall be submitted at the request of individuals and legal entities in the manner determined by the chamber of legal consultants. The deadline for submission of such information may not exceed five working days from the date of receipt of the request.
Article 93. Control of the chamber of legal consultants over the activities of its members
The procedure for exercising control by the chamber of legal consultants over the activities of legal consultants in terms of their compliance with the requirements of the rules and standards of the chamber of legal consultants, the conditions of membership in the chamber shall be determined by the Law of the Republic of Kazakhstan “On self-regulation”.
Article 94. Responsibility of the members of the chamber of legal consultants
For violation of the requirements of the legislation of the Republic of Kazakhstan on advocacy and qualified legal assistance, the charter, rules and standards of the Chamber of Legal Consultants, or the Code of Professional Ethics, its member shall be held liable in accordance with this Law, the laws of the Republic of Kazakhstan, and the rules and standards of the Chamber of Legal Consultants.
The procedure for imposing penalties on the members of the chamber of legal consultants, their withdrawal and appeal shall be determined by the charter and rules of the chamber.
Article 95. Appeal against actions (inaction) of the chamber of legal consultants, decisions of its governing bodies
A member of the chamber of legal consultants in case of violation of his (her) rights and legitimate interests by actions (inaction) of the chamber of legal consultants, decisions of its governing bodies shall have the right to dispute such actions (inaction), decisions in the authorized body or in the court, as well as to demand compensation by the chamber of legal consultants for the harm caused to him (her) in accordance with the legislation of the Republic of Kazakhstan.
In the cases provided for by this Law, the actions (inaction) of the chamber of legal consultants, the decisions of its governing bodies may be disputed in the court in compliance with the mandatory pre-trial procedure of dispute settlement.
Article 96. Responsibility of the chambers of legal consultants
1. For violation of the requirements of the legislation of the Republic of Kazakhstan on legal practice and qualified legal assistance, the rules and standards of the Chamber of Legal Consultants, and the Code of Professional Ethics, the Chamber of Legal Consultants shall be held liable in accordance with this Law and other laws of the Republic of Kazakhstan.
2. Chambers of Legal Consultants, members of Chambers of Legal Consultants, and clients shall have the right to apply to the authorized body regarding violations of the legislation of the Republic of Kazakhstan on legal practice and qualified legal assistance, the rules and standards of the Chamber of Legal Consultants, and the Code of Professional Ethics.
3. When a complaint is received, the authorized body shall send it to the relevant chamber if the complaint has not been previously considered by the chamber of legal consultants.
4. If the complaint was the subject of consideration by the chamber, the authorized body shall consider the appeal in the manner prescribed by the laws of the Republic of Kazakhstan.
According to the results of consideration of the complaint, the authorized body shall have the right to apply to the chamber of legal consultants measures of influence in the form of orders, warnings, as well as take other measures in accordance with this Law and other laws of the Republic of Kazakhstan.
In case the chamber of legal consultants has not taken or has not taken timely measures to prescribe, warn the authorized body, the authorized body shall initiate the issue of applying to the chamber of legal consultants the measures of influence in the form of exclusion from the register of chambers of legal consultants.
5. In case of violations in the actions (inaction) of the chamber of legal consultants, decisions of its governing bodies in respect of the chamber of legal consultants, a measure of influence may be applied in the form of exclusion from the register of chambers of legal consultants in court.
Article 97. State control over the chambers of legal consultants
1. The authorized body shall exercise control in the field of qualified legal assistance over the compliance by Chambers of Legal Consultants with the requirements of the legislation of the Republic of Kazakhstan on legal practice and qualified legal assistance, the rules and standards of the Chamber of Legal Consultants, and the Code of Professional Ethics.
2. Control in the field of qualified legal assistance over the activities of Chambers of Legal Consultants shall be carried out through unscheduled inspections and preventive control with a visit to the entity subject to control in accordance with the Entrepreneurial Code of the Republic of Kazakhstan.
Footnote. Article 97 as amended by the Law of the Republic of Kazakhstan dated 06.04.2024 № 71-VIII (shall come into effect upon expiration of sixty calendar days after the day of its first official publication).Chapter 7. FINAL AND TRANSITIONAL PROVISIONS
Article 98. The procedure for enactment of this Law
1. This Law shall be enforced upon expiry of ten calendar days after the day of its first official publication, with the exception of:
1) subparagraph 3) of Article 16, Article 19, part one of paragraph 3 of Article 28, subparagraph 11) of paragraph 3 of Article 33, subparagraph 7) of paragraph 5 of Article 50, subparagraph 18) of paragraph 2 of Article 67, passage ten of subparagraph 14) of paragraph 3 of Article 68, which shall be enforced from January 1st, 2019;
2) Article 46, which shall be enforced from January 1st, 2019, having established that until January 1st, 2019 this Article is valid as follows:
"Article 46. Certification of an advocate's powers
1. The powers of an advocate to conduct a particular case shall be certified by a warrant issued by a legal consultation office or a law firm, and in carrying out his (her) activities individually without registering a legal entity, by the presidium of the advocates’ collegium. The form of the warrant shall be approved by the authorized body. Control and accounting of the issuance of warrants shall be carried out by the presidium of the advocates’ collegium.
2. The form of an advocate’s certificate and the procedure for filling it out shall be developed and approved by the Republican collegium of advocates.
A person whose advocate’s status is suspended or terminated shall be obliged to surrender his (her) certificate to the advocates’ collegium after the decision has been taken.
3. The powers of a foreign advocate carrying out his (her) activities on the basis of a relevant international treaty ratified by the Republic of Kazakhstan shall be confirmed by documents certifying the identity, the status of an advocate and his (her) powers for rendering legal assistance.
4. An advocate shall have the right to advocate practice throughout the territory of the Republic of Kazakhstan, as well as outside it, if it is necessary for execution of an accepted mandate and does not contradict the legislation of the respective states and international treaties ratified by the Republic of Kazakhstan.”;
3) subparagraphs 4) and 7) of paragraph 7 of Article 33, Article 36, subparagraphs 8) and 14) of paragraph 4 of Article 76, Article 77, which shall be enforced from January 1st, 2020;
4) the first sentence of part one of paragraph 3 of Article 83, which shall be enforced from January 1st, 2020, having established that until January 1st, 2020, this sentence is valid as follows:
“A person in respect of whom a decision has been made on his (her) compliance with the requirements established by this Article shall be considered to be a member of the chamber of legal consultants, and information about such a person is entered in the register of members of the chamber of legal consultants within three working days.”.
2. Individuals and legal entities rendering legal assistance prior to the enactment of this Law shall bring their activity into conformity with the requirements of this Law within one year from the date of enactment of this Law.
3. The advocates’ collegiums, the Republican collegium of advocates, which carried out their activities prior to the enactment of this Law, should bring their activities into conformity with the requirements of this Law, including the procedure for electing chairmen, forming the governing bodies of advocates’ collegiums, the Republican collegium of advocates, and shall be subject to re-registration in the judicial bodies within six months from the date of enactment of this Law.
4. To recognize invalid:
1) The Law of the Republic of Kazakhstan dated December 5, 1997 “On advocate practice” (Vedomosti Parlamenta Respubliki Kazaqstan, 1997, № 22, Article 328; 2001, №. 15-16, Article 236; 2003, № 11, Article 65; 2004, № 23, Article 142; 2007, № 2, Article 18; № 9, Article 67; №10, Article 69; 2009, № 8, Article .44; №19, Article 88; №24, Article 130; 2010, №5, Article 23; 2011, № 23, Article 179; 2012, №4, Article 32; №6, Article 44; №10, Article 77, 2013, №14, Article 72, 74; №15, Article 76; 2014, №10, Article 52; №11, Art. 61; №16, Article 90; №19-I, 19-II, Article 96; 2015, №16, Article 79; №20-VII, Article 115; №23-II, Article 170. ; 2016, № 7-II, p.55);
2) The Law of the Republic of Kazakhstan dated July 3, 2013 "On State-guaranteed legal assistance" (Vedomosti Parlamenta Respubliki Kazaqstan, 2013, № 14, Article 73; 2014, №19-I, 19-II, Article 96; 2015, №10, Article 50; №20-IV, Article 111; №22-I, Article 141).
| The President | N. NAZARBAYEV |
| Of the Republic of Kazakhstan |