Problems of Improving Advocacy in Civil Proceedings

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.