Kazakhstan

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Introduction

Quick Summary of the country's context

Kazakhstan (KZ) declared its independence in 1991 following the collapse of the Soviet Union. It has the largest economy in Central Asia and borders: China, Russia, Kyrgyzstan, Turkmenistan and Uzbekistan.

Type of Legal System

Kazakhstan practices the civil law system. It means that the main source of the legal system is the constitution, written statutes and other legal codes, which sanction and regulate, among other things, the jurisdiction of the courts, legal procedures and sentencing. In contrast, the common law system is mainly based on precedents, in other words, judicial decisions.

The judicial system in KZ is ruled by the highest courts: constitutional council and supreme court, and their subordinates: regional and local courts (see the constitution for general information on judge selection of the highest courts and their functionality).


The legal aid situation in the country

The constitution, article 13: 2. Everyone shall have the right to legal defense of his rights and freedoms. 3. Everyone shall have the right to take qualified legal assistance. In cases stipulated by law, legal assistance shall be provided free of charge.

For more details and contact links, about free legal aid, including of bar association, visit the following sites: 1) [www.egov.kz](note, click on cached version if website fails to load); 2) [www.redcrescent.kz](Kazakh Red Crescent); 3) [www.bureau.kz](Kazakhstan International Bureau for Human Rights and the Rule of Law).


Sources of Defendant's Rights

National Sources of defendant’s rights

The constitution, including country's Criminal Procedure Code and Criminal Code are the national sources of defendant's rights.

International Sources of Defendant’s Rights

Article 4(3) of the constitution declares primacy of the ratified international agreements over the national laws. Also see the treaties signed and ratified by KZ on the United Nations' website.