Problems of Improving Advocacy in Civil Proceedings
Author:
Karassayeva Adiya1, Dusipov Erkin2, Seriyev Bolat1, Tinistanova Saltanat1, Mussekenova Aizhan1
Affiliation:
1. Zhetysu University named after I. Zhansugurov , Zhansugurov 187a, 040009 Taldykorgan , Republic of Kazakhstan . 2. Academy of Public Administration under the President of the Republic of Kazakhstan , Abay 33a, 010000 Astana , Republic of Kazakhstan .
Abstract
Abstract
The relevance of the study is due to the presence of some problematic aspects in the institute of representation of Kazakhstan, in connection with which the level of effectiveness of citizens’ realisation of their inherent rights decreases. The study aims to evaluate recommendations for removal, necessitated by the critical importance of safeguarding citizens’ rights and ensuring the effective implementation of this mechanism. Methods such as logical analysis, deduction, induction, synthesis, legal hermeneutics, etc. were used. In the course of the study, it was revealed that the criteria for lawyers are more formal in nature, which contributes to the unqualified legal assistance to the citizens. There is also no concept of legal responsibility for the provision of this kind of assistance by specialists. Conflicts related to the implementation of their activities by lawyers of other states were considered. This provided an opportunity to characterise them and make an appropriate assessment. A study of the activities of the institute of representation was conducted and its features, principles, and signs were highlighted. A significant aspect of the study was the analysis of international experience, particularly from the European Union (EU), regarding the functioning of the institution of representation in civil proceedings. This analysis identified the main ways of development, the course of integration, and the specific features of legislation in EU countries, allowing for the identification of promising areas for application in Kazakhstan’s legal practice. The practical value of the results obtained is the provision of recommendations that will contribute to improving the effectiveness of lawyers in civil proceedings and greater protection and guarantees of citizens’ rights and freedoms.
Publisher
Walter de Gruyter GmbH
Reference38 articles.
1. Abdrasulov, E., Saktaganova, A., Saktaganova, I., Zhenissov, S., Toleuov, Z. (2023). Legal awareness and its significance when determining the nature of a person’s legal behaviour. International Journal of Electronic Security and Digital Forensics, 15(6), 578–590. 2. Adanbekova, Z., Omarova, A. B., Yermukhametova, S., Assanova, S., Tynybekov, S. (2022). Features of an Electronic Transaction as Evidence in Court. Revista de Direito, Estado e Telecomunicacoes, 14(1), 98–112. 3. Amro, I. (2019). Online arbitration in theory and in practice. Newcastle upon Tyne: Cambridge Scholars Publishing. 4. Aryn, A., Aidarbayev, S., Sharipova, A., Zhanibekov, A., Otarbayeva, A. (2021). International and interstate aspects of ensuring the rights of the suspect and the accused in the proceedings of forensic investigation. International Journal of Electronic Security and Digital Forensics, 13(2), 155–179. 5. Beisbekova, G. K., Konussova, V. T., Ismagulov, K. E., Saktaganova, I. S., Mukasheva, A. A. (2019). Problems of concretization of legal norms in Kazakhstan. Journal of Advanced Research in Law and Economics, 10(1), 52–57.
|
|