Margatova A. S.
Chanysheva D.H.
3nd
year students
of
the Faculty of International Relations
Al-Farabi
Kazakh National University
Scientific
adviser- Tusupova A.J.
Associate
Professor of the Chair of International Law of Al-Farabi Kazakh National
University
Constitutional foundations of the rights of the
citizens of Kazakhstan to free legal assistance
Access capability to the free legal assistance is an
inherent part of ensuring the access to the fair justice guaranteed by the
international obligations of the Republic of Kazakhstan, as well as enshrined
in its Constitution. Article 14.3 (d) of the International Covenant on Civil
and Political Rights, ratified by the Republic of Kazakhstan in 2005, provides
that everyone has the right to defense.
Article 13 of the Constitution of the Republic of
Kazakhstan proclaims the right of everyone to free legal assistance in the
cases provided by law. This applies to all individuals and, in particular,
legal entities. Undoubtedly, the free legal aid is provided, while the quality
of its qualification is still open to question. After all, not all lawyers are
consumed with desire to work with total efficiency for a very small remuneration
from the state budget, which no doubt affects the quality of legal assistance.
[1]
The Concept of Legal Policy of Kazakhstan for the
period from 2010 to 2020 is subject to the necessity to improve the system of
providing legal assistance to low-income individuals, which are aplenty in our
country, especially in regions with low economic indicators, according to the
the estimations of financial analysts. [2]
As the proverb says, "we are not rich enough to
buy cheap things." The question is about quality. Therefore, it is
necessary to determine on the legislative level lawyers providing free legal
aid not only for a fixed payment, but also qualified, because the quality is
above all in this case. And for this they need to have a financial interest that,
in turn, requires the establishment of a quality control system. As far as
there is no one to create such structures and, in fact, it will not bring any
profit to the state, the scenario providing subsidized legal aid by lawyers
falls away.
At the present time, the cost of legal consultations
in Kazakhstan ranges from 10 000 to 70 000 tenge. Considering the actual low
monthly average wage of the population in our country, these services are quite
expensive. In consequence of which the need to develop the rendering of
subsidized legal aid provided from the national budget is clear.
Thus, having conducted a sociological survey of the
population of Kazakhstan, it was revealed that currently it is increasingly
required to obtain legal advice on relevant legal issues.
Thus, in accordance with the law of the Republic of
Kazakhstan "On state-guaranteed legal aid" from 3 July 2013, legal
advice is the provision of advice and references on legal issues in oral or
written form. [3]
It is impossible not to emphasize that to provide
legal assistance properly, the attraction of qualified professionals is one of
the necessary conditions. But the question still remains - who will do it.
Public reception? Law office? The first is unlikely to be included in the
"long history". The second is profitably to transform the free
assistance into paid consultation. In our opinion, one of the outcome of this
situation is to attract the students or the jurisprudence faculty and of the
specialty "International Law" to provide subsidized legal advice.
And we are ready to provide free legal advice under
the supervision of independent private entities, including qualified profesors
themselves. What is the use for the state? First of all, it is legally
competent people. The prospects of the development of this project are obvious
because the students themselves have a huge practice. Experience in this area
has been already done. The first-year students of KazNU do their practical work
in the public reception of the deputy of Almaty Maslikhat, Kotenyov A.E., where
citizens come to receive the competent legal aid. In most cases, the older generation apply to us who is
unable to pay for services provided by paid legal offices.
"Unfortunately, the legal literacy of the
population of our city is very low and the nomber of unscrupulous lawyers
increases more and more! People just need a good and qualitative legal advice,
and the students are our future lawyers who is ready to get real practice and
application of their knowledge, "- the deputy Kotenyov A.E. mentioned. [4]
In confirmation of the relevance of this issue some
statistics has been made up on incoming requests received by the public
reception maslihat, the total number of which has been more than 80 people.
Analyzing the results, it was found that citizens expect to receive legal
advice in the field of civil, housing, administrative law and law of domestic
relations. Specifically in the field of civil law such kinds of application
have been prevailed: the preparation of acts of civil status, compensation for
property damage, protection of the consumer rights; issues related to the
road-transport sector, transactions and representation. Concerning
administrative law, issues on documents drafting (complaints, letters, statements), resolution of disputes with
insurance companies, appeal of the decisions of officials have been
predominated.
To summarize, we note that by choosing this topic for
research, we have been guided, first of all, by its relevance. As future
professionals in the field of law, we want to contribute to the development of
the project to provide free legal advice. It is obvious that the practice for the
students is of paramount importance, as its objectives are to improve the
quality of future professionals, consolidation of acquired knowledge on legal
subjects, checking an ability of students to use legislation, strengthening the
link between practical and theoretical activity.
List of resources used:
1.
The Constitution of the Republic of Kazakhstan dated August 30, 1995
2.
The newspaper "Kazakhstan truth" of 27.08.2009 was, № 205 (25949); "Egemen Kazakhstan" in 2009
zhyl, 28tamyz, N 281-283 (25680); SAPP of the Republic of Kazakhstan, 2009, № 35, Art. 331
3.
Law of the Republic of Kazakhstan "On state-guaranteed legal aid"
from July 3, 2013