Kazakhstan International Trade in Legal Services

Is there legislation governing the legal sector

Republic of Kazakhstan Law "On Advocate Practice" of 5 December 1997 and Republic of Kazakhstan Law "On Notary Practice" of 14 July 1997

Under what title do lawyers practise?

 Lawyer, advocate, notary.

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

Legal assistance may be provided in Kazakhstan by (i) advocates, (ii) law firms, (iii) privately practising lawyers, and by persons with no legal education.
1. Lawyers may work in enterprises, institutions or organizations and provide services to their employer according to their official duties within the powers granted to them by legislation.
2. Lawyers may practice privately and provide legal services to individuals and legal entities independently or via law firms and companies.
3. Lawyers may work as advocates, provided they meet the qualification requirements.  Article 1 of the RK Law "On Advocate Practice" defines such practice as "advocate activities for the defence in criminal cases, representation in civil, administrative, criminal and other cases, and for the provision of other types of legal aid in order to defend and assist in the exercise of the rights, freedoms and legitimate interests of individuals and the rights and legitimate interests of legal entities."
According to Article 7 of the Law "On Advocate Practice," an advocate must be a citizen of the Republic of Kazakhstan, possess a Master's degree in law and a licence from the Ministry of Justice and be a member of the Bar.  In order to obtain a licence, a prospective advocate must have no criminal or disciplinary record and must have full civil legal capacity.
4.  Lawyers may work as notaries, provided they meet qualification requirements.  Pursuant to Article 6 of the RK Law "On Notary Practice," a notary must be a citizen of the Republic of Kazakhstan twenty five or more years of age, possessing a higher legal education and at least two years of work experience in the legal profession, having completed at least one year internship with a notary, and having passed attestation with a justice attestation commission and licensed to practice as a notary.

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

An advocate may work in any administrative-territorial unit of the country, provided that he/she duly complies with his/her obligations with respect to the Bar to which he/she belongs and meets tax requirements.
A notary cannot conduct activities outside the place of his/her recorded registration, except for the cases provided for by legislation.  A notary cannot be employed within a commercial entity.

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

Only licensed Kazakh advocates may represent individuals and legal entities in criminal defence cases.  Lawyers who wish to practise outside the area of criminal defence do not require a licence. Notarial activities may be conducted by state (public) or private notaries. 

Foreign lawyers may provide legal services unrelated to advocate activities and notarial services.

What legal forms can lawyers work in? (e.g. self employment, partnership, limited liability partnership, multi-disciplinary partnership, incorporation)

Legal services are provided in accordance with the provisions of the current civil, tax and other legislation governing legal relations in the business sphere.  Private lawyers can choose to practise as sole practitioners or organize themselves into a legal entity (firm, company, etc.).
An advocate may independently choose the form of advocate activities.   According to the law, an advocate may work through a legal advice bureau, independently or together with other lawyers, a law firm, or work on an individual basis without registering a legal entity.
A privately practising notary can engage in notarial activities without forming a legal entity, by being a member of a notary chamber and registering with the territorial justice authority.

What other ethical or regulatory requirements must a licensed lawyer comply with? 

Advocates must adhere to the statutory requirements and Professional Ethics Code.
Notaries must adhere to the statutory requirements and Notary Honour Code.

Do law firms need to receive a "license" (or permission/approval) to practice law?

Advocates who exercise their professional activities through a legal entity must provide the relevant constituent documents, including the Charter, to the Bar and register with the tax authorities as prescribed by the Kazakhstan legislation.  They must report on their activities as prescribed by the Charter.

Which authority issues licences? Are there different authorities for individuals and firms? 

Licences are issued by the Ministry of Justice. Only individuals can be issued advocate and notary licenses.

Is the jurisdiction a member of the WTO?

Kazakhstan is currently negotiating membership of the WTO.

Has it made any commitments under GATS in legal services?

Not applicable

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

Kazakhstan is a member of the Commonwealth of Independent States, the Common Economic Space and Customs Union and has bilateral agreements with Armenia, Georgia, Kyrgyz Republic, Russian Federation and Ukraine.

The Common Economic Space Agreement explicitly includes legal services.

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

There are no restrictions, except for notarial services and services related to criminal law.

There are about 8 large international US and UK firms with offices in Almaty, as well as a couple of offices of regional CIS firms. 

There are no explicit restrictions on the fly-in fly-out practice of law outside the regulated area of criminal defence.  The license is required only for advocate and notary practice (please see answers above).

Business visitors can obtain a visa to visit Kazakhstan, but must have a contact in Kazakhstan (i.e. must receive an invitation from a local firm of individual before they apply for visas).  Citizens of other CIS countries do not require visas.

There is no requirement for foreign lawyers to obtain licences to practise as foreign legal consultants in Kazakhstan, given that practice outside of the area of criminal defence and notary services is unregulated.

Not beyond the general requirements for the issuance of work permits to foreign nationals. Residents from the Customs Union do not need work permits.

There are no conditions, given that practice outside the area of criminal defence and notary services is unregulated.

There is no prohibition on foreign lawyers appearing in courts in Kazakhstan, except for in criminal cases.

Can foreign lawyers requalify as local lawyers?

Can a foreign law firm obtain a licence to open an office?

There is no requirement for foreign law firms to obtain special licences to practise law beyond the usual company registration procedures.

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

Not applicable

There are no quantitative limitations on law firms

There are no geographical restrictions on law firms

No

Yes

Yes

Yes

Other useful sources or comments or links

Official websites:
RK President http://akorda.kz/en/mainpage
RK Government http://en.government.kz
RK Ministry of Justice - www.adilet.gov.kz/en