1. KAZAKHSTAN Population: 18 million
Type of the legal system: Continental/Romano Germanic/Civil law
Freedom rating*: 6/7 - Not Free
No. of law schools or law departments: 61
No. of lawyers graduated total ( ): abt. 250,000
No. of defense lawyers (advocates) in 2017: 4668
Number of legal aid lawyers (advocates) registered: 2985
No. of lawyers (advocates) per 100,000 residents: 26
No. of residents per lawyer (advocate): 3856
No. of registered NGOs: abt. 20,000
* Freedom House 2017 Freedom in the World Rating

2. State-Funded Legal Aid
Free Legal Assistance
“Everyone shall have the right to qualified legal assistance. In cases stipulated by law, legal assistance shall be provided free of charge” – Art. 13.3, Constitution of the Republic of Kazakhstan
State-Funded Legal Aid
Pro Bono

3. State-Funded Legal Aid
Coordination body: Ministry of Justice
Legal aid budget (2017): EUR 3,186,323 = EUR 0.18 per capita
Rates for legal aid in criminal cases: from 1/21 (EUR 3) to 1/10 (EUR 6) of a state-defined gross monthly income per hour + additional payment for long hours and travel

4. State-Funded Legal Aid
TYPES
Legal information provision
Legal counselling
Legal defense or representation in courts or legal proceedings in criminal law matters

5. State-Funded Legal Aid Legal Information Provision
Provider
Recipients
Various state bodies
All legal entities and physical persons

6. State-Funded Legal Aid
Legal Counselling
Provider
Recipients
Advocates (members of the Bar)
Plaintiffs in alimony, pension, or state benefits recovery claims
Plaintiffs in rehabilitation-related claims
Refugee or repatriation applicants
Parentless children

7. State-Funded Legal Aid Legal Representation in Civil Cases
Provider
Recipients
Advocates (members of the Bar)
Plaintiffs in damage or negligence compensation civil claims resulting from the loss of the wage-earner
Criminal case victims in damage compensation civil claims
War veterans, members of the armed forces, people with the 1st or 2nd degree disability, elders in civil law cases not related to commercial matters

8. State-Funded Legal Aid
Legal Defense or Representation in Criminal or Administrative Law Cases
Provider
Recipients
Advocates (members of the Bar)
Defendants in criminal cases*
Defendants in administrative cases*
Victims in criminal cases: underage persons, foreigners, people with physical or mental disabilities unable to represent themselves
* No financial eligibility test

9. State-Funded Legal Aid
Quality control via complaints to courts or the Bar based on the Advocate’s Ethics Code

10. PRO BONO LEGAL SERVICES
Legal services and the broader legal profession are NOT regulated by the state*
WHO
Ruling political party lawyers
Law student legal clinics
Individual lawyers
Kazakhstan Bar Association (KazBar): 20 law firms (200 lawyers)
* New draft law being developed

11. Pro bono service provided TO:
NGOs, charity funds, small businesses, vulnerable groups (war veterans, people with disabilities, low-income people)
WHEN clients:
“aimed at initiating positive and substantive inputs to the society and state development”
cannot afford paid legal services
can only use commercial law firm or commercial lawyer services
HOW:
Each member - not less than 20 hours per year

12. Pro bono legal services
Quality control via complaints to KazBar based on the KazBar member Ethics Code

13. Concerns:
Beneficiary groups (not all underprivileged groups are eligible for state-sponsored legal aid, nor are they assisted on a pro bono basis due to the lack of the connection with the assistance providers)
Providers (general lack of the sense of social responsibility in the legal profession)
Quality assurance

14. Recommendations: Develop pro bono culture among lawyers
Introduce tax incentives
Develop unified quality standards
Develop informed demand for free legal aid in the civil society