Advocate Qualification Attestation (Kazakhstan) key terms

The power of the Constitutional Court to check whether laws, presidential decrees, and other normative acts conform to the Constitution, and to invalidate those that do not. It operates after adoption, mainly on referral by defined state bodies or citizens whose rights are affected.

Kazakhstan's body of constitutional review, which since 2023 replaced the Constitutional Council and may rule on constitutionality of normative acts and on complaints about specific provisions applied to a citizen. Its decisions are final and binding throughout the country.

An individual's application to the Constitutional Court arguing that a law or other normative act applied to them by a final court decision violates their constitutional rights. It must be filed through the courts or other authorized channels within the statutory period.

A written official document adopted by an authorized body that establishes, amends, or repeals generally binding rules of conduct addressed to an indefinite circle of persons. Only acts of this type form the formal hierarchy of sources of Kazakh law.

The rule that a law adopted by Parliament ranks above subordinate acts such as presidential decrees, government resolutions, and ministerial orders. Any subordinate act that contradicts a law has no legal effect to the extent of the conflict.

A normative act adopted by Parliament (or by referendum) that regulates the most important social relations listed in the Constitution. Codes, constitutional laws, and ordinary laws all belong to this category and prevail over executive acts.

A consolidated legislative act that systematically regulates an entire branch of law, such as the Civil Code or the Criminal Code. Codes rank as laws and prevail over ordinary laws on the same subject unless the code itself provides otherwise.

Kazakhstan's core statute for private law, in two parts: the General Part covers persons, transactions, property, and limitation periods; the Special Part covers obligations, contracts, and torts. It is the default source for civil disputes.

A lawful act of citizens or legal entities aimed at creating, changing, or terminating civil rights and obligations. It may be unilateral, bilateral, or multilateral, and a contract is a common two- or multi-party form of it.

A court declaration that a transaction produces no legal consequences, either because it breached mandatory rules or because a party lacked capacity, was misled, or acted under duress. Restitution of what was transferred normally follows.

An agreement of two or more parties that establishes, modifies, or ends their mutual rights and obligations. Essential terms, form requirements, and rules on conclusion, performance, amendment, and termination are set by the Civil Code.

A legal tie under which a debtor must perform for a creditor, who may demand performance. It can arise from contract, unjust enrichment, or causing harm, and is enforced through damages, penalties, or specific performance.

The right to possess, use, and dispose of property at one's own discretion within the limits of the law. It is protected against unlawful interference, and expropriation is possible only on grounds and in procedures fixed by statute.

The plaintiff's written request to a court to protect a violated or disputed right, filed with the documents and state fee required by the Civil Procedure Code. It must state the parties, the facts, the legal basis, and the relief sought.

The period within which a person may seek judicial protection of a violated right, generally three years from when they learned or should have learned of the violation. Expiry does not extinguish the right but bars its enforcement if the defendant raises it.

The statutory order in which courts hear and decide civil cases: filing and acceptance of a claim, preparation, trial, judgment, and appeal. It governs the parties' procedural rights, evidence, and time limits for each stage.

The legal consequence of committing an act that contains every element of an offence under the Criminal Code, imposed only by a court verdict. It results in punishment, conviction, and a criminal record for the statutory period.

The four-part structure a prosecutor and court must establish: the object (protected social relations), the objective side (act, consequences, causation), the subject (a sane person of the required age), and the subjective side (intent or negligence). Missing any element excludes liability.

The person's mental attitude toward the act and its consequences, expressed as direct or indirect intent or as negligence. Criminal liability requires guilt; a person is not liable for consequences they neither intended nor could foresee.

A measure of state coercion imposed by a court verdict on a person found guilty, aimed at correction and prevention. Types range from fines and community service to restriction of liberty and imprisonment, chosen within the sanction of the article.

The statutory sequence of pre-trial investigation and trial in a criminal case, from registering a report through inquiry, preliminary investigation, and court examination. It balances establishing the truth against the suspect's procedural guarantees.

An advocate who represents a suspect, accused, or defendant in criminal proceedings and safeguards their rights, including by meeting them, reviewing case files, and participating in investigative actions. Counsel enters the case on a warrant or by appointment.

A procedural coercion applied to a suspect or accused to prevent absconding or obstruction, such as a written undertaking, bail, house arrest, or detention. Detention requires a court decision and is subject to strict statutory time limits.

A lawyer admitted to the bar who provides qualified legal assistance: advice, document drafting, representation in civil and administrative cases, and defence in criminal cases. Status is acquired through the bar examination and licence, and is confirmed by membership in a bar association.

Professional legal assistance provided by advocates on a lawful basis, including consultation, drafting, representation, and defence. It is not entrepreneurial activity, and the advocate acts independently, bound only by law and the ethics code.

The duty to keep confidential everything the client discloses in seeking legal help, and the corresponding protection against being questioned or having records seized about it. The privilege survives the end of the engagement and may be waived only by the client.

A situation where the advocate's own interests or those of another client could compromise independent judgment or loyalty, for example representing both sides of a dispute. The advocate must decline or withdraw and may not act for both.

The binding set of professional conduct rules for advocates, covering loyalty, confidentiality, conflicts, fees, advertising, and relations with courts and colleagues. Breach may lead to disciplinary proceedings before the bar's qualification collegium.

An unlawful, culpable act or omission that infringes public order, state administration, or citizens' rights but is less serious than a crime, as listed in the Administrative Offences Code. It is punished by fines, administrative arrest, or other measures.

A sanction imposed for an administrative offence, chiefly a fine measured in monthly calculation indices, plus warnings, suspension of activity, administrative arrest, or expulsion of a foreigner. Only authorized bodies or courts may impose it.

The rules for detecting, recording, and deciding administrative offences, including the protocol, the offender's right to be heard, and appeal of the resulting ruling. Separate rules also govern public bodies issuing administrative acts.

Independent activity carried out at one's own risk and aimed at systematic profit from the use of property, sale of goods, or provision of services. It must be registered, and unregistered activity may attract administrative or criminal liability.

A natural person registered to conduct business without forming a legal entity. Registration is generally notification-based, and the entrepreneur bears unlimited liability for obligations with personal property.

The official recording of a business entity or of rights to property in a state register, which gives the entity legal capacity or makes the right enforceable against third parties. It is performed by the registration authority or a notary.

The statutory process by which state bodies buy goods, works, and services using budget funds, mainly through competitive tenders or price offers. It is governed by procurement law and rules on transparency, equal access, and contract award.

The unlawful use by an official of their position for personal gain, or the giving or receiving of undue advantage, as defined in the anti-corruption law and the Criminal Code. It covers bribery, abuse of office, and trading in influence.

Giving or receiving a bribe, that is, an unlawful material benefit for an official act or omission within the official's powers. Both the giver and the receiver are criminally liable, and the amount affects the classification of the offence.

A person performing duties in a state body or state institution in a paid position, or a person equated to them by law for corruption purposes. The status determines the special subject rules for official offences.

The structured conversation in which the advocate gathers facts, clarifies the client's goal, explains options and risks, and agrees on next steps and fees. It ends with a written record or engagement agreement and an action plan.

A written analysis that states the facts, the applicable norms, the reasoning, and a clear conclusion on a legal question. It cites sources precisely and separates established law from assumptions and open risks.