Kyrgyzstan Advocate License Exam flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Advocate secrecy

A duty of the advocate to keep confidential all information learned while providing legal aid, including the fact of consultation; disclosure is allowed only with the client's consent or by express legal requirement.

Conflict of interest

A situation where the advocate's duty to one client conflicts with a duty to another client or with the advocate's own interest; the advocate must decline or withdraw from the mandate.

Warrant (order)

The document issued by the bar association that authorises an advocate to act in criminal or civil proceedings, presented alongside the client agreement to confirm the advocate's authority.

Advocate licence

The official permit issued by the authorised justice authority after higher legal education, required experience, qualification examination, and oath; it is personal and non-transferable.

Qualification examination

The admission test for advocate candidates, consisting of a written test and an oral interview before the qualification commission; passing is a precondition for the licence.

Disciplinary sanction

The penalty imposed by the Advocates' Chamber for professional misconduct, escalating from warning and reprimand to suspension of the licence and termination of the licence.

State-guaranteed defence

Free legal aid in criminal cases paid from the state budget; assigned advocates must provide the same standard of care and may not refuse the assignment without valid grounds.

Mandatory defence

Situations where defence counsel is required regardless of the accused's wishes: minority, mental or physical disability, language barrier, or grave charge.

Limitation period

The statutory period, generally three years, within which a person may seek judicial protection of a violated right; it is a defence that the opposing party must raise.

Statement of claim

The procedural document initiating civil proceedings; it must identify the court, parties, facts, legal basis, relief sought, and attachments, or it may be left without movement.

IRAC method

A structured legal analysis: identify the Issue, state the Rule, Apply the rule to the facts, and Conclude; used for advice, pleadings, and examination answers.

Cassation review

Review by the Supreme Court of a final decision on grounds of material violation of substantive or procedural law; it is a distinct remedy from ordinary appeal.

Appeal period

The time limit for appealing a first-instance decision, generally one month from the date of the reasoned decision, during which the decision does not become final.

Exclusive jurisdiction

A rule that fixes the court for certain claims regardless of the defendant's location, such as disputes over immovable property at the property's location.

Presumption of innocence

A constitutional guarantee that a person is presumed innocent until guilt is proven by a final court judgment; the prosecution bears the burden of proof and doubt favours the accused.

Right to defence

The constitutional right of a person to use the assistance of defence counsel from the moment of detention, including state-funded counsel where the law so provides.

Direct effect of Constitution

The principle that constitutional norms apply directly and that laws or treaties contrary to the Constitution are void, allowing advocates to argue constitutional grounds in court.

Detention extension

Detention pending investigation requires a court order; the initial two-month period may be extended by court decision up to the statutory maximum.

Inadmissible evidence

Evidence obtained in violation of the law, including by torture or without counsel after a request for counsel, cannot be used to prove the charge.

Age of criminal responsibility

Criminal liability begins at 16 in general and at 14 for a listed set of grave and especially grave offences such as murder, rape, robbery, and terrorism.

Administrative detention

A coercive measure in administrative proceedings limited to 48 hours unless a court order is obtained; the person must be informed of rights and a protocol drawn up.

Administrative act review

Court review of the legality of an administrative act, including excess of authority and procedural irregularity; the authority must show the interference was lawful and proportionate.

Appeal of administrative sanction

A decision imposing an administrative sanction may be appealed to a higher body or to a court within ten days of delivery of the decision.

Free legal aid

State-funded legal assistance available in criminal cases and certain civil and administrative matters for low-income persons, subject to statutory conditions and documentation.

Exhaustion of remedies

The requirement that a person use available domestic remedies before submitting an individual communication to a UN treaty body, unless the remedies are ineffective or unreasonably prolonged.

Absolute prohibition of torture

The rule that torture and inhuman treatment are prohibited in all circumstances; evidence obtained by torture is inadmissible in any proceedings.

Equality of arms

A fair-trial element requiring that each party have a reasonable opportunity to present its case under conditions not placing it at a substantial disadvantage.

Advocate independence

The principle that advocates are independent professional advisers, not state officials, and their activity is not entrepreneurial activity subject to business registration.

Client funds accounting

The rule that advocates keep client money separate from their own assets and maintain separate accounting, prohibiting commingling of funds.

Advocate trainee

A person preparing for the qualification examination under an advocate's supervision; the supervising advocate remains responsible to the client for the work performed.

Contingency fee ban

The prohibition on fees contingent on the outcome of a criminal case; fee arrangements must be lawful, agreed in writing, and consistent with professional ethics.

Written client summary

The document closing a consultation that records the advice, next steps, deadlines, and fee arrangement, acknowledged by the client and kept in the case file.