Advocate Qualification Attestation (Kazakhstan) flashcards

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Constitution adoption date

The Constitution of Kazakhstan was adopted by national referendum on 30 August 1995 and has been amended several times, most recently in 2022 when the Parliament became unicameral.

Supremacy of Constitution

Article 4 provides that the Constitution has supreme legal force and direct effect throughout Kazakhstan; laws and international treaties must not contradict it.

Constitutional Court

Since 2023 the Constitutional Court reviews the constitutionality of laws and acts of the President and Parliament; its decisions are final and binding across the country.

Presidential term limits

The President is elected for a single seven-year term, must be a citizen by birth, at least 40 years old, resident in Kazakhstan for 15 years and fluent in Kazakh.

Sources of law hierarchy

Kazakh law ranks the Constitution first, then constitutional laws, codes and ordinary laws, then subordinate acts such as presidential decrees, government resolutions and ministerial orders.

Civil capacity age

Under the Civil Code full civil capacity arises at 18; minors aged 14 to 18 have limited capacity, and children under 14 may make only small household transactions.

General limitation period

The general limitation period in Kazakh civil law is three years; special periods of one year apply to defective-quality claims and to contesting voidable transactions.

Void versus voidable transaction

A void transaction breaches mandatory law, is fictitious or sham, and is invalid regardless of a claim; a voidable transaction is valid until challenged by an interested party.

Statement of claim contents

A civil claim must identify the court, parties, circumstances with evidence, legal norms relied on, the relief sought, the claim value and the attached documents.

Limitation raised by motion

The court applies the limitation period only if the defendant raises it before the merits are decided; the court may not apply it on its own initiative.

Categories of crimes

The Criminal Code classifies crimes as minor (up to two years), medium (up to five), grave (up to twelve) and especially grave (over twelve years or life imprisonment).

Age of criminal liability

Criminal liability generally begins at 16; for listed offences such as murder, theft, robbery and rape it begins at 14 years of age.

Detention without court sanction

A person may be detained without a court decision for no more than 72 hours; arrest, search of a dwelling and seizure of correspondence require judicial authorization.

Presumption of innocence

The accused is presumed innocent until guilt is proven by a final court judgment; the accused need not prove innocence and reasonable doubt favors the defense.

Appeal and cassation timelines

An appeal is filed within statutory days after the judgment; cassation review may be sought within six months after the appellate decision becomes final.

Advocacy license

A license to practice advocacy is granted after passing a qualification examination and attestation; it is issued without a term but may be suspended or revoked.

Advocate's warrant

An advocate represents a client before courts and investigators on the basis of an agreement for legal assistance and a warrant (ордер) issued in the prescribed form.

Advocate-client privilege

All information the client provides in connection with legal assistance is privileged; an advocate cannot be questioned about it or disclose it without consent.

Conflict of interest prohibition

An advocate may not represent opposing parties in the same dispute or act against a former client in a related matter where confidential information could be used.

Advocate disciplinary liability

Disciplinary cases against advocates are heard by the qualification commission of the regional collegium; sanctions range from a warning to termination of the license.

Administrative offence penalties

The Administrative Offences Code provides penalties including warning, fine, administrative arrest, suspension of activity and deprivation of special rights such as driving.

Administrative detention limit

Administrative detention may not exceed three hours, or 48 hours where the person faces administrative arrest or the circumstances of the offence require clarification.

Challenging administrative act

An administrative act may be challenged in court within three months from when the person learned of the violation of rights; a prosecutor may protest within statutory limits.

Administrative Procedure Code

The 2020 Administrative Procedure Code governs relations between citizens and public authorities, including issuance of administrative acts, inaction and public service disputes.

Business size categories

The Entrepreneurial Code classifies businesses as small, medium or large by average annual number of employees and average annual income, with different support and inspection rules.

LLP liability

In a limited liability partnership (ТОО) participants bear the risk of loss only up to their contributions and are not liable for the partnership's debts.

State registration of entity

Registration of a legal entity is carried out through the state revenue authority or the e-government portal and is constitutive; a standard package is processed within one business day.

State inspection approval

Unscheduled inspections of businesses are conducted under the Entrepreneurial Code and generally require the prosecutor's approval, except in urgent cases listed by law.

VAT standard rate

The standard value added tax rate in Kazakhstan is 12 percent; special tax regimes with different rates and thresholds apply to qualifying small businesses.

Corruption definition

The Law on Combating Corruption defines corruption as the unlawful use of official position or authority for personal gain, including bribery, abuse of office and nepotism.

Bribery criminal articles

Bribe-taking is punishable under Article 366 of the Criminal Code and bribe-giving under Article 367; the bribe amount affects the gravity and the penalty.

Gift restriction for officials

Public officials may not accept gifts connected with their official duties; income and property must be declared annually and conflicts of interest disclosed in writing.