ISSUES OF IMPROVEMENT OF ADVOCATE’S ACTIVITIES IN THE REPUBLIC OF KAZAKHSTAN

Abstract

In the present article outlines the growing role of advocacy in the modern state and society. This conclusion is made on the basis of the provision that it does not protect the interests of the state or justice, but it defends non-state personal interest, creates all conditions for giving every citizen the opportunity to freely enjoy all the rights granted to him by the Constitution.

Along with this, the author considered some problematic issues in the activity of advocates, consideration of which allowed him to offer the most effective ways to solve them. Among the factors hampering the effective work of lawyers are a cumbersome procedure for registering admission of lawyers to materials containing state secrets, insufficient degree of their legal protection, and absence of liability insurance for lawyers.

Based on the results of the analysis, the author proposes a system of measures aimed at further improving the advocacy activity in the republic:

– Simplification of the procedure for admission of lawyers to materials containing state secrets;

– refer article 435 of the Criminal code of Kazakhstan “obstruction of the lawful activities of lawyers and other persons in the protection of rights, freedoms and legitimate interests of man and citizen, as well as legal aid to individuals and legal entities” to the cases of private prosecution;

– establish in the country of advocacy Day as a professional holiday;

– Step-by-step introduction into practice of liability insurance of advocacy;

– Introduction of specialization of lawyers on criminal, civil and other categories of cases.      

It is also proposed to specify and increase the requirements for the training of lawyers. A person who studies at a law school and chooses a lawyer's path for his future practice should prepare in advance for such an activity.