Due to the status of an advocate, Shaimerden Chikanayev’s clients will be able to benefit from, among other things, the following advantages and guarantees of advocacy:
1. Extended powers. An advocate, unlike a non-advocate, can participate in criminal and administrative proceedings. State bodies, officials are not entitled to refuse an advocate to grant meetings in private with his/her client in conditions that ensure the confidentiality of such meetings, as well as limit their number and duration. The advocate has the right of free access to the administrative buildings of the courts, the prosecutor's office, the bodies conducting the criminal process, in the manner prescribed by the legislation of the Republic of Kazakhstan, upon presentation of an advocate's certificate.
2. Advocate request. An advocate may, in the interests of his/her client, receive information that often is not available to non-advocates. State bodies, local governments and legal entities are obliged within ten working days to give a written response to the request of an advocate related to the provision of legal assistance.
3. Advocate's secret. The law does not simply oblige an advocate to maintain the confidentiality of a client’s request, but also imposes obligations on state bodies. An advocate, unlike a private lawyer, cannot be questioned about the circumstances of working with his/her client.
The law prohibits reclaiming, requesting or otherwise trying to obtain information and materials related to the provision of legal assistance from an advocate without the consent of an advocate and his/her client, except in cases established by the laws of the Republic of Kazakhstan. Advocate's office work, other materials and documents related to it, as well as the property of an advocate, including mobile communication devices, audio equipment, computer equipment, are not subject to inspection, removal, seizure and verification, except as required by the laws of the Republic of Kazakhstan.
Shaimerden Chikanayev is a partner and head of financial practice at GRATA International law firm. Shaimerden specialises in public-private partnership projects, mergers and acquisitions, project finance and capital markets, as well as insolvency and debt restructuring in many industries.