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<p>The purpose of this study was to perform the theoretical analysis of the influence of the principle of the rule of law on the activities of the bar in the sphere of protection of human rights and freedoms in Kazakhstan and the USA. To fulfil the purpose, various methods of scientific and legal nature were employed, including system-structural, system-functional, statistical, comparative, etc. The rule of law is considered a key element, the observance of which is critical to ensuring the quality and effectiveness of advocates’ work. Additionally, the study considered the interpretation of this principle in Argentina, as well as its consolidation in national legislation and mandatory compliance by law enforcement agencies. The experience of human rights defenders in Argentina provides valuable lessons that can be useful for other countries seeking to advance in this area, specifically in the context of building a collective movement in favour of regulation, developing knowledge, and gathering evidence to counter corporate influence, as well as developing impact strategies. It was found that the advocacy system in the United States differs substantially from the Kazakh one in the absence of centralised management and a unified regulatory framework. The study characterised the specific features of professional culture in the U.S. through the lens of human rights protection. It was noted that current challenges require the development of new legislative initiatives, which increases the pressure to uphold the principle of the rule of law. In this regard, the study summarised that the inclusion of the rule of law principle in the Law of the Republic of Kazakhstan No. 176-VІ “On Advocate Practice and Legal Assistance” is an important step to improve the legal protection and ensure proper representation of clients’ interests within the framework of the current legislation. It was also emphasised that the introduction of artificial intelligence in the activities of advocates may influence the practice of protecting the rights and freedoms of people.</p>

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Upholding civil rights through commitment to the rule of law in advocacy

  • 期刊论文

  • 发表日期：

    2025年11月26日

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  • Gulyiya Mukaldyeva,
  • Janatu Alkebayeva,
  • Saulegul Yermukhametova,
  • Saltanat Atakhanova,
  • Aigul Karatayeva

摘要

The purpose of this study was to perform the theoretical analysis of the influence of the principle of the rule of law on the activities of the bar in the sphere of protection of human rights and freedoms in Kazakhstan and the USA. To fulfil the purpose, various methods of scientific and legal nature were employed, including system-structural, system-functional, statistical, comparative, etc. The rule of law is considered a key element, the observance of which is critical to ensuring the quality and effectiveness of advocates’ work. Additionally, the study considered the interpretation of this principle in Argentina, as well as its consolidation in national legislation and mandatory compliance by law enforcement agencies. The experience of human rights defenders in Argentina provides valuable lessons that can be useful for other countries seeking to advance in this area, specifically in the context of building a collective movement in favour of regulation, developing knowledge, and gathering evidence to counter corporate influence, as well as developing impact strategies. It was found that the advocacy system in the United States differs substantially from the Kazakh one in the absence of centralised management and a unified regulatory framework. The study characterised the specific features of professional culture in the U.S. through the lens of human rights protection. It was noted that current challenges require the development of new legislative initiatives, which increases the pressure to uphold the principle of the rule of law. In this regard, the study summarised that the inclusion of the rule of law principle in the Law of the Republic of Kazakhstan No. 176-VІ “On Advocate Practice and Legal Assistance” is an important step to improve the legal protection and ensure proper representation of clients’ interests within the framework of the current legislation. It was also emphasised that the introduction of artificial intelligence in the activities of advocates may influence the practice of protecting the rights and freedoms of people.