Концепция регулирования деятельности по предоставлению юридической помощи и юридических услуг в Республике Казахстан (стр. 7 )

To implement the reform, it is necessary to adopt a new law. The conventional name is the Law on Legal Aid and Legal Services (New Law). The law will be prepared on the basis of the current Law on Advocacy and the Law on State-Guaranteed Legal Aid (which will be abolished by the New Law), but will in addition include provisions that contribute to meeting the reform objectives outlined above.

The Association will be organized in the form of a self-regulatory organization in accordance with the Law on Self-Regulating Organizations, with some features that will be reflected in the New Law.

The CPL and the RCA will be the branches of the Association with the status of legal entities. Features of their legal regulation and structure will be reflected in the New Law.

The new law will be developed on the basis of the current Law on Advocacy, and in addition it will include the following:

Provivisions on the regulation of the activities of lawyers and professional lawyers through the establishment of the Association;

Provisions establishing higher general requirements and standards for the activities of lawyers and professional lawyers and the rules for their professional activities;

Provisions establishing the requirements for the activities of lawyers of professional lawyers in court and in other state bodies, and appropriate guarantees for their activities, taking into account the concept of "lawyers and professional lawyers - assistants to justice";

Provisions establishing requirements for the liability of lawyers and professional lawyers liability insurance;

Provisions on the provision of state-guaranteed legal aid, as well as legal services free of charge to the poor, social projects, legal advocacy among the population and assistance in law-making (pro bono).

2.3 Getting Started

The implementation of advocacy and professional activities of lawyers (the practice of law) is allowed only upon receipt of an admission. All lawyers and professional lawyers must be admitted to the RCA or the CPL to obtain an admission to the practice of law.

2.4 Advocacy

It is assumed that the RCA and the regional bar associations will be preserved, however, it will be necessary to take into account the proposals of the RCA outlined in the RCA Program on Improving the Quality of Legal Aid (published on the RCA website), including reforming the organizational forms of lawyers' activities.

Since lawyer activity (except for legal aid) will be entrepreneurial, the taxation will be carried out in accordance with the general procedure established by law for individual entrepreneurs.

2.5 College of Professional Lawyers

The CPL will be established on the basis of the Collegium of Commercial Lawyers KazBar.

Members of the CPY will be commercial lawyers, that is, persons admitted to the CPL:

• lawyers working in law firms,

• lawyers who practice law as individual entrepreneurs,

• lawyers of enterprises.

2.5.1 Features of the status of lawyers of enterprises

According to the materials studied, not in all foreign countries, lawyers working as part of the employment relationship with a single employer must have a license. However, in the USA in 2004, the Bar Association of Pennsylvania introduced Admission Rule 302 "Limited In-House Corporate Counsel License". It is proposed to introduce regulation of the activities of lawyers working in enterprises, within a limited framework. Persons who work as lawyers in enterprises (corporate professional lawyers) receive the status of a professional lawyer, but with some peculiarities related to the fact that their activity assumes that their relationship with the client is based on an employment contract. Corporate professional lawyers receive certain privileges of professional lawyers (professional secrecy, the right to request, immunity and independence). They can act as representatives in court only in relation to the enterprise with which they have an employment relationship. Spreading the limited status of a professional lawyer to such lawyers is necessary in view of the fact that they must adhere to established norms and rules too, constantly confirm their professional level.

The work of lawyers working in academic institutions or in the field of education is not a practice of law, and therefore is not subject to the regulation of the New ch lawyers may, as their additional activity, provide legal or law opinions for remuneration or free of charge, and may act as experts in court, but they cannot provide other legal services that require admission to practice.

1 Далее по тексту для ясности адвокаты, являющиеся в настоящее время членами РКА, называются «адвокаты РКА».  В последующих разделах также употребляются термины «Коммерческий адвокат» и «Некоммерческий адвокат», определение которым дано в соответствующих разделах.

2 Legal Services Act 20017; Basic Principles on the Role of Lawyers. Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba. 27 August to 7 September 1990; BSB Handbook - https://www.barstandardsboard.org.uk/regulatory-requirements/bsb-handbook/; A Lawyer’s Duty to the Court. Robert Bell and Caroline Abela. http://www. advocates. ca/assets/files/pdf/bibliography/Duty_to_Court. pdf

3 The ABA Model Rules of Professional Conduct - http://www. americanbar. org/content/aba/groups/professional_responsibility/publications/model_rules_of_professional_conduct.

4 BSB Handbook, - правила поведения барристеров в Англии и Уэльсе.

5 Further in the text, for clarity, lawyers who are currently members of the RCA are called "RCA lawyers". The following sections also use the terms "Commercial Advocate" and "Non-Profit Lawyer", the definition of which is given in the relevant sections.

6Legal Services Act 20017; Basic Principles on the Role of Lawyers. Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba. 27 August to 7 September 1990; BSB Handbook - https://www.barstandardsboard.org.uk/regulatory-requirements/bsb-handbook/; A Lawyer’s Duty to the Court. Robert Bell and Caroline Abela. http://www. advocates. ca/assets/files/pdf/bibliography/Duty_to_Court. pdf

7The ABA Model Rules of Professional Conduct - http://www. americanbar. org/content/aba/groups/professional_responsibility/publications/model_rules_of_professional_conduct.

8BSBHandbook - Rules of conduct for barristers in England and Wales.