ON SOME ISSUES OF REGULATION OF THE ACTIVITY OF LEGAL CONSULTANTS IN THE REPUBLIC OF KAZAKHSTAN
DOI:
https://doi.org/10.52026/2788-5291_2021_64_1_251Keywords:
legal consultant, improving qualification, guaranties of activity, legal assistance, legal consultant’s requestAbstract
This article considers actual issues of improving the legislation of the Republic of Kazakhstan that regulates the activity of legal consultants. The institution of representation in court under instructions has undergone some changes after some legislative acts of the Republic of Kazakhstan in advocate practice and legal assistance area have changed and supplemented. The category of persons who had possibilities to act in court as representatives under instructions, particularly was replaced by a new category that called «legal consultants».
The need to establish in The Law of the Republic of Kazakhstan «On advocate practice and legal assistance» guarantees of the rights of legal consultants was identified during comparative analysis of rights and duties of advocates and legal consultants enshrined in the legislation of the Republic of Kazakhstan. Furthermore, reasonable conclusions were drawn about the need to guarantee certain rights of legal consultants. Moreover, this article reflects the reasons that indicate the need to specify the forms of improving qualification of legal consultants, which in conjunction will provide the perception of the status of a legal consultant by subjects of civil law relations at a higher level. The article notes that the completeness of the process of professional development of legal consultants can be fixed by a common unified procedure, in which it is possible to set out in detail the rights and obligations of persons involved in this process, to fix the form of this process, to establish responsibility, etc.
In this regard, the work considers the ways of modernization of the legislation of Republic of Kazakhstan in the above-mentioned area and a number of suggestions about strengthening the rights of legal consultants, improvement the duties of both legal consultants and chambers of legal consultants were prepared and based on the research. The prepared suggestions will strengthen the legal status of legal consultants as representatives of the legal community. The result of strengthening the legal status of legal consultants will be expressed in improving the quality and efficiency of the rendering legal assistance by legal consultants.