Date of entry into
force:
July 9, 2011
(Abstract)
The present Law ascertains the right for free civil legal aid, the
procedure for exercising this right, the grounds for and procedure of rendering
free legal aid, and the state guarantees in respect of rendering free legal
aid. The Law regulates legal relations in the sphere of rendering free legal
aid to the holders of the right to free primary legal aid, and the holders of
the right to free secondary legal aid, which are established by the Law.
The right to free legal aid is the possibility that is guaranteed by the
Constitution of Ukraine and granted to citizens of Ukraine, foreigners or
stateless individuals, including refugees, to receive the full extent of free
primary legal aid, and the possibility of certain categories of persons to
receive free secondary legal aid, in cases provided for by the present Law.
According to Article 7 of the Law, free primary legal aid is a type of
state guarantee that entails informing a person of their rights and freedoms,
the procedure for execution thereof, their restoration in case of violation,
and the procedure for contesting resolutions, actions or inaction of the bodies
of state power, bodies of local self-government, civil servants and officials. Free primary legal aid
includes the following legal services:
·
providing legal information;
·
providing
consultations and explanations in legal issues;
·
drafting
applications, complaints and other documents of legal nature (except documents
of procedural nature);
·
rendering
assistance in ensuring a person's access to secondary legal aid and mediation.
The right to free primary legal aid is granted to all persons in the
jurisdiction of Ukraine (Article 8 of the Law).
Article 9 of the Law envisages that the subjects providing free primary
legal aid in Ukraine are:
·
bodies of executive power;
·
bodies of local
self-government;
·
natural persons
and legal entities of private law;
·
specialized institutions.
The procedure for processing applications for free primary legal aid is
established by Article 10 of the Law.
According to Article 13 of the Law, free secondary legal aid is a type of
state guarantee that lies in creating equal opportunities to access justice for
all individuals. Free secondary legal aid includes the following legal services:
·
defending against accusation;
·
representing the
interests of the holders of right to free secondary legal aid in courts, other
state bodies, bodies of local self-government, and to other persons;
·
drafting documents
of procedural nature.
The following categories of people have the right to secondary free legal
aid according to Article 14 of the Law:
·
persons in the
jurisdiction of Ukraine, if the total monthly income of their family is lower
than the minimum subsistence level, calculated and established according to the
Law of Ukraine "On the Minimum Subsistence Level" for persons
belonging to the main social and demographic population groups; disabled people
receiving retirement pension or benefits assigned instead of pension, amounting
to less than twice the minimum subsistence level for persons incapable of work;
·
orphans, children
deprived of parental care, street children, and children that have become or
may become victim to family violence;
·
persons subjected
to administrative detention;
·
persons subjected
to administrative arrest;
·
crime suspects
detained by inquiry and investigation agencies;
·
persons taken into
custody in the scope of measures of restraint;
·
persons whose
cases require mandatory defense participation according to the provisions of
the Criminal Procedural Code of Ukraine;
·
persons covered by
the Law of Ukraine "On Refugees";
·
war veterans and
persons covered by the Law of Ukraine "On the Status of War Veterans and
Guarantees of Their Social Security", persons of special merit and special
labor merit to the Homeland, persons included in the list of victims of nazi
persecution;
·
persons whose
cases are being reviewed in court in respect of limiting the civil capacity of
a natural person, recognizing a natural person as incapable, or restoring the
civil capacity of a natural person;
·
persons whose
cases are being reviewed in court in respect of rendering compulsory
psychiatric aid;
·
persons
rehabilitated according to the legislation of Ukraine.
According to Article 15 of the Law, the subjects providing free secondary
legal aid in Ukraine are:
·
centers for free
secondary legal aid;
·
lawyers included
in the Registry of Lawyers that provide free secondary legal aid on a regular
basis according to contract;
·
lawyers included
in the Registry of Lawyers that provide free secondary legal aid on a temporary
basis according to agreement.
The procedure for applying for free secondary legal aid is envisaged in
Article 18 of the Law.
Article 19 of the Law establishes the procedure for processing applications
for free secondary legal aid.
According to Article 20 of the Law, a person can be denied free secondary
legal aid if at least one of the following reasons is present:
·
the person does
not belong to any of the categories of persons entitled to free secondary legal
aid according to the Law;
·
the person has
provided untrue information or false documents in order to be included in one
of the categories of persons entitled to free secondary legal aid;
·
the person's
demands as to the protection or restoration of their rights are illegitimate;
·
the person has
previously received free secondary legal aid on the same issue;
·
the person has
exhausted all national legal remedies in the case under which they are applying
for free secondary legal aid.
The grounds for and procedure of rendering free secondary legal aid are
envisaged in Article 23 of the Law.
Articles 25 and 26 of the Law determine the rights and obligations of the
subjects providing free secondary legal aid.
The refusal of a body of executive power, body of local self-government or
an institution to render free primary legal aid, as well as the refusal of a
civil servant or an official to render primary legal aid can be contested
pre-trial according to the procedure established by law. Decisions of the
Center for providing free secondary legal aid can be contested pre-trial
according to the procedure established by law (Article 30 of the Law).
The Law also introduces appropriate amendments to the Criminal Procedural
Code of Ukraine, the Code on Administrative Offences of Ukraine, the Laws of
Ukraine "On Militia", "On Legal Profession", "On Local
Self-Government in Ukraine", and "On the State Frontier Service of
Ukraine".
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