Advocates and Legal Advisers in Civil Proceedings in Kazakhstan: Is Advocate Monopoly Required?

Abstract

This paper intends to assess the feasibility of introducing a lawyer’s monopoly in Kazakhstan. The main purpose of the study is to analyze the current legal provisions of the Republic of Kazakhstan regarding judicial representatives authorized to provide legal assistance on behalf of civil proceedings. The work examines foreign experience from the point of view of the applicability of best practices. The study notes the shortcomings of the recently adopted legislative acts of the Republic of Kazakhstan in the field of regulation of advocateship. Attention is focused on the fact that it is the legal profession that should serve as the key to the effective implementation of the constitutional right of citizens to receive qualified legal assistance. An advocates’ monopoly on judicial representation will contribute to the establishment of a single ecosystem that consolidates special professional groups and independent lawyer associations capable of providing qualified legal assistance.