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Procedure for obtaining a license to engage as a lawyer

A lawyer is a citizen of the Republic of Kazakhstan who has a higher legal education and has obtained a license to engage as a lawyer, who is obligatorily a member of the board of lawyers and who provides legal assistance on a professional basis within the framework of advocacy, regulated by the Law of the Republic of Kazakhstan "On advocacy".

Ministry of Justice of the Republic of Kazakhstan carries out licensing of advocacy.

Licenses for engaging in advocacy from 15.08.2011 are issued electronically.

The procedure for obtaining a license to engage as a lawyer is regulated by an order of Minister of Justice of the Republic of Kazakhstan from January 20, 2015 № 20 "On certain issues of licensing lawyer and notarial types of activities", the Standard for the provision of state service "Issuance of a license to engage in notarial activities", approved by an order of the Minister of Justice of the Republic of Kazakhstan from 24.04.2015 №231.

To obtain a license to engage as a lawyer, you must:

1 step.

To pass an internship for engaging as a lawyer.

A person who has expressed a desire to pass an internship applies to the presidium of the board of lawyers with an application for admission to pass an internship with application of the following documents:

1) a copy of the identity document of a citizen of the Republic of Kazakhstan;

2) copies of the diploma of higher legal education (notarized copy in case of non-submission to verify the original diploma);

3) a copy of the work record or other document confirming the length of service in the legal profession (notarized copy in the event of failure to verify the original diploma);

4) medical certificates from the psychiatric and narcological dispensaries issued at the place of residence;

5) certificate of absence of a previous conviction issued at the place of residence.

The internship is carried out under the guidance of a lawyer with at least five years of legal practice. The duration of the internship is from six months to one year.

The period of work as an intern is included in the experience of work in the legal profession.

The organization of conduction of the internship is carried out by the presidium of the board of lawyers in accordance with the Regulation on the procedure for internship by interns of lawyers, approved by an order of the Minister of Justice of the Republic of Kazakhstan № 54 from February 8, 2012.

People who terminated the authority of the judge on the basis provided for in subparagraphs 1), 2), 3), 9) and 12) of paragraph 1 of Article 34 of the Constitutional law of the Republic of Kazakhstan "On judicial system and status of judges of the Republic of Kazakhstan” does not pass an internship.

2 step.

To pass attestation for engaging as a lawyer.

People who have completed internship pass attestation in the commission for attestation of people pretending to engage as lawyers, created under the territorial agencies of justice of regions, cities of republican significance and the capital (hereinafter referred to as the Commission).

The procedure and conditions for attestation of people who have completed internship and pretending to engage in as lawyers are determined by the Rules for attestation of people who have completed internship and pretending to engage in as lawyers and the right to engage in notarial activities approved by an order of the Minister of Justice of the Republic of Kazakhstan from January 27, 2015 № 56.

The application for attestation is sent to the address of territorial agency of justice at the place of residence of the applicant through the office of the territorial agency of justice either through the web portal of "electronic government" www.egov.kz  or the web portal "E-licensing" www.elicense.kz  (hereinafter referred to as the portal).

The following documents must be attached to the application for admission to the attestation for engaging as a lawyer:

1) the form of information;

2) certificates from the narcological and psychiatric dispensaries issued at the applicant's place of residence not earlier than a month before their submission to agencies of justice (an electronic copy of the document is provided);

In case of inadequate registration or submission of incomplete package of documents, the application together with the submitted documents is returned to the applicant by territorial agencies of justice of the regions, cities of the republican significance and the capital (hereinafter - territorial agencies of justice) without consideration within two working days from the date of their receipt with a written notification of reason of return. 

The admission to attestation is refused if the applicant does not meet the requirements established by the Law of the Republic of Kazakhstan "On advocacy".

Territorial agencies of justice send the decision on refusal in admission to attestation to the applicant not later than fifteen working days from the date of receipt of the application.

Refusal in admission to attestation can be appealed judicially.

The applicant admitted to attestation is notified about the place, date, time of the attestation no later than ten calendar days prior to its holding in writing or through the portal in electronic form.

The attestation is carried out as necessary, but at least once a quarter.

The attestation consists of two stages:

1) pass a computer test for knowledge of the legislation of the Republic of Kazakhstan;

2) check the knowledge of the applicant on examination tickets

The applicant has the right, at his choice, to pass attestation in Kazakh or Russian.

Testing is carried out using computer technology.

The procedure of attestation provides for carrying out through the connection of computers of attestation cabinets to the server of the on-line testing system of the Ministry.

In order to ensure the openness and publicity of the meeting of the Commission, audio and (or) video recording or stenography is carried out.

Based on the results of attestation, the Commission no later than the next day after the attestation, issue a reasoned decision on attestation or non-attestation.

The decision of the Commission can be appealed judicially.

The decision on attestation is valid for six years from the date of its issuance.

The applicant, who has not passed the attestation, is allowed to re-attestation not earlier than one year later.

The applicant non-attending the attestation for a good reason is summoned to the next meeting of the Commission.

In the case of a repeated absence of the applicant, his application remains without consideration and is returned to him by the territorial agencies of justice together with submitted documents.

The commission consists of seven members, including three lawyers, whose candidacies are determined by the presidiums of the board of lawyers of regions, city of republican significance and the capital.

The personal composition of the commission for attestation of people pretending to engage as lawyers and the rules of their work are approved by an order of the Minister of Justice of the Republic of Kazakhstan № 313 from September 15, 2011.

From attestation are released:

1) people who passed the qualification examination in the Qualification commission under the Supreme Judicial Council of the Republic of Kazakhstan, who successfully passed the internship in court and received a positive response from the plenary session of the regional or equivalent court;

2) people who have terminated the authority of the judge on the basis provided for by subparagraphs 1), 2), 3), 9) and 12) of paragraph 1 of Article 34 of the Constitutional law of the Republic of Kazakhstan "On judicial system and status of judges of the Republic of Kazakhstan";

3) people dismissed from the prosecutor's office and investigation, if they have worked as prosecutors or investigators for at least ten years, with the exception of those dismissed for negative reasons.

3 step.

The license is issued to the following categories of people:

1. Who passed internship in the board of lawyers and attestation in the Commission;

2. Who passed the qualification examination in the Qualification commission under the Supreme Judicial Council of the Republic of Kazakhstan, who successfully passed the internship in court and received a positive response from the plenary session of the regional or equivalent court;

3. Who have terminated the authority of the judge on the basis provided for by subparagraphs 1), 2), 3), 9) and 12) of paragraph 1 of Article 34 of the Constitutional law of the Republic of Kazakhstan "On judicial system and status of judges of the Republic of Kazakhstan";

4. Who dismissed from the prosecutor's office and investigation, if they have worked as prosecutors or investigators for at least ten years, with the exception of those dismissed for negative reasons.

In order to obtain a license, the following documents should be sent to the address: 010000 Astana, Left bank, str. Orynbor-8, House of Ministries, Entrance № 13, Ministry of Justice of the Republic of Kazakhstan either through the web portal of "electronic government" www.egov.kz or the web portal "E-licensing" www.elicense.kz

1) the application of an individual for obtaining a license and (or) an appendix to a license of the established form in accordance with annex 1 to this standard;

2) the form of information for the implementation of advocacy activities of the established form in accordance with annex 2 to this standard of state service;

3) a copy of the document confirming payment of the license fee to the budget for the right to engage in certain types of activities, except for cases of payment through the EGPG;

4) certificates from the narcological and psychiatric dispensaries issued at the place of residence of the beneficiary not earlier than a month before their submission to the service provider, indicating information throughout the Republic of Kazakhstan.

5) a copy of the work record book or other document confirming the work experience in the agencies of prosecutor's office or investigation, and containing the reason for the release from the position (notarized in case of non-submission the original for verification) - is required for people dismissed from the agencies of prosecutor's office and investigation, in the presence of work experience in the position of prosecutor or investigator for at least ten years, with the exception of those dismissed for negative reasons.

The license fee is paid to the local budget.

Recipient Bank: Treasury Department

Recipient: Tax Committee at the place of registration

Budget classification code: 105 402

Amount: 6 MCI

4 step.

The license is issued to the licensee in electronic form through the Internet portal "E-licensing": http://www.elicense.kz no later than 15 working days from the date of submission of application.

A notification of the issuance of a license to engage as a lawyer is sent to the address specified by the licensee in the application.

To reissue a license to engage as a lawyer, the following documents should be sent to the address: 010000 Astana, Left bank, str. Orynbor-8, House of Ministries, Entrance № 13, Ministry of Justice of the Republic of Kazakhstan either through the web portal of "electronic government" www.egov.kz or the web portal "E-licensing" www.elicense.kz

1) the application of an individual for reissuance of a license and (or) an appendix to a license of the established form in accordance with annex 3 to this standard of state service;

2) a copy of the document confirming payment of the license fee to the budget for the right to engage in certain types of activities, except for cases of payment through the EGPG, the amount of the license fee is 10% of 6 MCI;

3) certificates from the narcological and psychiatric dispensaries issued at the place of residence of the beneficiary not earlier than a month before their submission to the service provider, indicating information throughout the Republic of Kazakhstan;

4) a copy of the document confirming the change of the surname, name and patronymic (in case of its presence) (notarized in case of non-submission the original for verification).

A previously issued license, formed in paper form, is subject to return.

1) the application;

2) a copy of the identity document of a citizen of the Republic of Kazakhstan;

3) a copy of the document confirming the payment of the license fee for the right to engage in certain types of activities (notarized in case of non-submission the original for verification), the amount of the license fee is 10% of 6 MCI;

4) a document confirming the change in the surname, name, patronymic (notarized in case of non-submission the original for verification);

5) the original license to engage as a lawyer;

7) medical certificates issued by the narcological and psychiatric dispensaries at the place of residence of the applicant;

The license is issued to the licensee in electronic form through the Internet portal "E-licensing": http://www.elicense.kz no later than 3 (three) working days from the date of submission of application.

To issue a duplicate license to engage as a lawyer the following documents should be sent to the address: 010000 Astana, Left bank, str. Orynbor-8, House of Ministries, Entrance № 13, Ministry of Justice of the Republic of Kazakhstan either through the web portal of "electronic government" www.egov.kz or the web portal "E-licensing" www.elicense.kz

1) the application for issuance of a duplicate license;

2) a copy of the document confirming payment of the license fee to the budget for the right to engage in certain types of activities, except for cases of payment through the EGPG, the amount of the license fee is 6 MCI;

3) a document confirming the publication in periodical printed editions of a loss of license;

4) certificates from the narcological and psychiatric dispensaries issued at the place of residence of the beneficiary not earlier than a month before their submission to the service provider, indicating information throughout the Republic of Kazakhstan;

A previously issued license, form in paper form, is subject to return.

The duplicate license is issued to the licensee in electronic form via the Internet portal "E-licensing": http://www.elicense.kz within 2 (two) working days from the date of submission of application.

Normative-legal acts on licensing of advocacy:

1. Law of the Republic of Kazakhstan "On permits and notifications" from 16.05.2014.

2. Law of the Republic of Kazakhstan "On advocacy" from 05.12.1997;

3. Order of the Minister of Justice of the Republic of Kazakhstan from 27.01.2015, № 56 "On approval of the Rules for the attestation of people who have completed internship and pretending to engage as lawyers and the right to engage in notarial activities".

4. Order of the Minister of Justice of the Republic of Kazakhstan from 20.01.2015 № 20 "On some issues of licensing of advocacy and notarial types of activities";

5. Order of the Minister of Justice of the Republic of Kazakhstan from 24.04.2015 № 231 "On approval of standards on the issues of advocacy"