THE MODEL OF REGULATION OF THE LEGAL PROFESSION IN KAZAKHSTAN AND FOREIGN JURISDICTIONS: THE SEARCH FOR A BALANCE BETWEEN STATE MONOPOLY AND SELF-REGULATION

МОДЕЛЬ РЕГУЛЮВАННЯ ЮРИДИЧНОЇ ДІЯЛЬНОСТІ В КАЗАХСТАНІ ТА ІНОЗЕМНИХ ЮРИСДИКЦІЯХ: ПОШУК БАЛАНСУ МІЖ ДЕРЖАВНОЮ МОНОПОЛІЄЮ ТА САМОРЕГУЛЮВАННЯМ
Kiyazova A. Abilova M.
2025 Access to Justice in Eastern Europe

Access to Justice in Eastern Europe
2025 #8 Issue 4 170 - 196 pp.

Background: The increasing demand for qualified legal assistance underscores the need for effective regulation of the legal profession. Depending on the distribution of regulatory functions, three models exist: state regulation, self-regulation and co-regulation. In Kazakhstan, legal assistance is provided by advocates and legal consultants, who operate under different frameworks. Advocates function within a co-regulation model, combining state licensing with professional autonomy, while legal consultants are governed by a self-regulatory system, in which professional bodies oversee admission and oversight. This divergence complicates the development of a coherent and effective legal assistance system, prompting debate on the unification of their legal status and governance. Jurisdictions with well-developed legal systems, such as the UK and Germany, predominantly employ co-regulation, balancing professional autonomy with public oversight. Several post-Soviet countries, including Ukraine and partially Kazakhstan, transitioned from state-controlled administrative regulation to self-regulation. The effectiveness of self-regulation, however, depends on the maturity and stability of its institutional foundation. In Kazakhstan, the self-regulatory system for legal consultants has already revealed structural weaknesses and requires reform. This study examines the regulatory model of the legal profession in Kazakhstan and selected foreign jurisdictions, identifies shortcomings in the national framework, and proposes recommendations for its enhancement. Methods: The study employs theoretical and specialised legal research methods. Analysis and synthesis, combined with a systematic approach, enabled the collection and systematisation of relevant materials (scientific literature and legal acts), classification of regulatory models, identification of differences, assessment of their efficiency, and the development of recommendations. The formal legal method facilitated the examination of legal norms in various jurisdictions, while the comparative legal method allowed for a cross-jurisdictional comparison, highlighting distinctive features and best practices. Results and Conclusion: Regulation of the legal profession is governed by one of three models– public administration, self-regulation, or co-regulation—each differing in the degree of state and professional involvement. In jurisdictions with well-established legal institutions, co-regulation that combines state supervision with professional autonomy is the prevailing approach. In countries with developing legal systems, self-regulation is often introduced. In Kazakhstan, advocates operate under a co-regulatory model, whereas legal consultants are governed by a self-regulatory framework that exhibits notable institutional weaknesses. The question of unifying these two professional groups under a single regulatory authority remains pertinent. Comparative analysis of national and foreign experiences has revealed practices that can inform improvements to the Kazakh regulatory framework.

admission of the profession , co-regulation , government regulation , lawyer (advocates) or legal consultant , legal profession , self-regulation

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Department of International Law and Comparative Law, Institute of Legislation and Legal Information of the Republic of Kazakhstan under the Ministry of Justice of the Republic of Kazakhstan, Kazakhstan
Center for Academic Programs and Projects, Academy of Justice under the High Judicial Council of the Republic of Kazakhstan, Kazakhstan

Department of International Law and Comparative Law
Center for Academic Programs and Projects

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Книга Публикация научной статьи Волощук 2026 Book Publication of a scientific article 2026