Last Change:

06/16/2025

Law of the Kyrgyz Republic On Legal Aid Guaranteed by the State

Year: 2022

Type: Domestic law

Rights Category: Liberty & security of person, Social protection

Description

The Law of the Kyrgyz Republic No. 91, "On Legal Aid Guaranteed by the State", aims to ensure access to justice and fair judicial proceedings. It governs state-guaranteed legal aid for citizens, foreigners, stateless persons, and refugees, defining its organizational, legal, financial, and control foundations, and establishing the powers of the coordinating authority.

Selected provisions
Article 1 - Purpose, subject of regulation and scope of application

1. The purpose of this Law is to implement the rights of individuals to access justice, ensure a fair trial and create a more effective, fair, accountable and based on the rule of law and the protection of fundamental human rights, system of administration of justice.

2. The subject of regulation of this Law are public relations arising in connection with the provision of state-guaranteed legal aid.

3. This Law applies to citizens of the Kyrgyz Republic, foreign citizens, stateless persons and refugees in need of state-guaranteed legal aid in the cases and in the manner stipulated by this Law, and defines the organizational and legal, socio-economic, financial, informational, control and other foundations of state-guaranteed legal aid, and also establishes the legal status and powers of the subordinate division of the authorized body for the coordination and implementation of policy in the field of state-guaranteed legal aid.

Article 4 - System and types of state-guaranteed legal aid

1. The system of state-guaranteed legal aid is a system for organizing the provision and rendering of state-guaranteed legal aid by state bodies, the Bar Association of the Kyrgyz Republic, local governments, other organizations and individuals in accordance with this Law.

The procedure for their interaction is determined by the Cabinet of Ministers of the Kyrgyz Republic.

2. State-guaranteed legal aid is provided in the form of consultative and legal and qualified legal aid.

3. Consultative and legal aid - information on the legal system of the Kyrgyz Republic, the rights and obligations of legal entities, methods of implementing and using rights in court and out of court; consulting on legal issues; assistance in drafting legal documents; assistance in ensuring a person's access to qualified legal aid; other forms of assistance that do not fall under the definition of qualified legal aid.

Citizens of the Kyrgyz Republic, foreign citizens, stateless persons and refugees have the right to receive consultative and legal assistance.

4. Qualified legal assistance - professional activity of a lawyer in representing and/or protecting the legal rights and interests of persons in criminal, civil, administrative cases and in cases of offenses, in cases established by this Law at all stages of legal proceedings - at the expense of the state.

Article 13 - Persons entitled to receive qualified legal assistance in the field of criminal proceedings

1. The right to receive qualified legal assistance in the field of criminal proceedings is granted to citizens of the Kyrgyz Republic, as well as foreign citizens, stateless persons, and refugees.

2. Qualified legal assistance in a criminal case is provided to suspects, accused, convicted, acquitted persons, victims, witnesses under the age of eighteen, as well as persons brought to justice for committing an offense.

3. A suspect, accused, convicted, acquitted person, or victim is provided with qualified legal assistance provided that his or her income does not exceed 60 times the minimum wage annually established by the law on the republican budget, with the exception of cases stipulated by Part 4 of this article. The amount of income is calculated for a period of 12 months preceding the application for qualified legal assistance.

4. Without taking into account income, qualified legal assistance is provided to:

1) persons in cases of detention;

2) suspects, accused, convicted, acquitted of committing particularly serious crimes;

3) persons with disabilities of groups I and II;

4) persons suffering from mental illnesses;

5) veterans of the Great Patriotic War and persons equivalent to them;

6) children;

7) victims of domestic violence;

8) single persons raising a child/children;

9) conscripts;

10) elderly citizens living in state social residential institutions;

11) foreign citizens, stateless persons, refugees;

12) victims of human trafficking;

13) persons whose identity has not been established by criminal prosecution bodies;

14) in other cases stipulated by criminal procedure legislation.

5. Witnesses under the age of eighteen, as well as children, are provided with qualified legal assistance in criminal cases by lawyers who have specialized in children's cases.