The Prosecutor General's Office Opposes Legal Representatives
During the discussion of the draft law concerning changes to the legislation on legal representation, the deputies noted that this document proposes the possibility of legal representatives participating in court proceedings alongside lawyers. It is also planned to make adjustments to the procedural codes and the Code of Offenses. According to the proposal, a legal representative can be a capable individual who has undergone special registration, possesses higher education, work experience, and a certificate of additional training.
Deputy Gulia Kozhokulova pointed out that the draft law essentially creates a new institution of legal representation, which contradicts the current course of the country towards simplifying bureaucracy. She also inquired about the position of the General Prosecutor's Office and the Bar Association on this issue.
In response, Umutkan Konkubayeva stated that the prosecutor's office considers this institution unnecessary and has already prepared an official conclusion on the matter.
On the other hand, the chairperson of the Bar Council, Meil Begilerova, supported the initiative, noting that about 40% of the inquiries to the Council concern citizens who participate in court proceedings without legal education. "Our position is that only lawyers or legal representatives should participate in court proceedings," she added.
However, Kozhokulova expressed disappointment, stating that she expected a more detailed legal justification from the Bar Association. In her opinion, the creation of a registry of legal representatives could negatively affect the quality of legal assistance provided. "It turns out that anyone with a legal education can become a legal representative — they just need to be included in the registry," she emphasized.
Deputy Minister of Justice Orozbek Sydykov explained that this is not about creating a new chamber or institution, but merely about forming a registry. "Yes, we have lawyers, but they only participate in criminal cases. There are also civil, administrative cases, and proceedings on offenses. We are simply raising the qualifications of all lawyers with legal education through training," he noted.
Nevertheless, Deputy Kozhokulova countered, pointing out the amendments to the Criminal Procedure Code as well. "You are misleading us. You talk about civil and administrative processes, but the Criminal Procedure Code is also affected. Do you realize what consequences this may lead to? This contradicts the norms of the Criminal Procedure Code," she expressed her opinion.
As a result of the discussion, the deputies decided to exclude the draft law from the agenda.
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