During the discussion of the draft law concerning changes in legislation in the field of legal representation, deputies considered the possibility of allowing legal representatives to participate in court proceedings alongside lawyers. The proposed changes affect procedural codes and the Code on Offenses. A legal representative may be a capable individual who will be included in a special register, possessing higher education, necessary experience, and a certificate of additional training.
Deputy Gulya Kozhokulova noted that the proposed draft law effectively creates a new institution of legal representation, which contradicts the declared policy in the country aimed at debureaucratization. She also requested clarification on the official position of the General Prosecutor's Office and the Bar Association on this matter.
In response, Deputy General Prosecutor Umutkan Konkubaeva confirmed that the prosecutor's office considers this institution unnecessary and has already provided a corresponding conclusion.
In contrast, the Chair of the Bar Council, Meil Begilerova, supported the initiative, emphasizing that about 40% of requests to the Council concern citizens without legal education who are involved in legal proceedings. She suggested that only lawyers and legal representatives should work in the courts.
In response, Kozhokulova expressed disappointment regarding the insufficient arguments from the Bar Association. She believes that the creation of the legal representatives institution could negatively affect the quality of legal assistance, as anyone with a legal education could gain the right to representation simply by being included in the register.
Deputy Minister of Justice Orozbek Sydykov clarified that there are no plans to create a separate chamber or a new institution; it is only about forming a register. According to him, lawyers participate only in criminal cases, while civil, administrative, and offenses need to be taken into account. He emphasized that all lawyers with legal education will be included in the register, enhancing their qualifications through training.
However, Kozhokulova countered, noting that the changes also affect the Criminal Procedure Code. "You are misleading by claiming that the changes only pertain to civil and administrative processes, while the CPC is also included. This could lead to serious consequences and contradict the norms of the Criminal Procedure Code," she remarked.
As a result of the discussion, the deputies decided to remove the draft law from the agenda.
