A.Vyshnevsky - Free Legal Aid
11
Legal Aid System in Ukraine: Recent Developments Andriy Vyshnevsky, Acting Director Coordinating Centre for Legal Aid Providing Tbilisi, 29 June, 2012
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Transcript of A.Vyshnevsky - Free Legal Aid
Legal Aid System in Ukraine:
Recent Developments
Andriy Vyshnevsky, Acting Director
Coordinating Centre for Legal Aid Providing
Tbilisi, 29 June, 2012
FREE LEGAL AID IN UKRAINE: CHRONOLOGICAL DIMENSION (1)
since 1991
Non-specialized laws
such as “On
Childhood Protection”,
“On Status of
Veterans of War and
Their Social
Safeguards”, “On
Rehabilitation of
Victims of Political
Repressions in
Ukraine” etc.
1996
Constitution of
Ukraine
(Article 59)
Ukraine acceded
to the
Convention for
the Protection of
Human Rights
and
Fundamental
Freedoms
(1950)
1997
FREE LEGAL AID IN UKRAINE: CHRONOLOGICAL DIMENSION (2)
2006
Concept of
Establish-
ment of
Free Legal
Aid System
in Ukraine
since
2006
Pilot projects
on
establishment
of
experimental
centres for
legal aid in 3
cities: Kharkiv,
Khmelnytskiy
and Bila
Tserkva
2nd June
2011
Law of
Ukraine
“On Free
Legal
Aid”
adopted
12 April,
2012
New Criminal
Procedure
Code adopted
6 June,
2012
Institutional
framework for
free legal aid
established
(Regulation of
the
Government
of Ukraine
creating
Coordinating
Centre for
Legal Aid
Providing)
PRIMARY FREE LEGAL AID (Access to law)
Services
Providing Legal information
Support in access to
secondary legal aid and
mediation
Consulting on legal issues
Support in making out
applications, complaints
and other legal documents
(except procedural
documents)
Aid providers
Bodies of executive power
Self-governmental bodies
Lawyers and legal persons of private law
Specialised agencies
Aid recipients
All persons under the
jurisdiction of Ukraine
SECONDARY FREE LEGAL AID (Access to justice)
Services
Defence against the
prosecution
Representation of
interests of persons
before court, public
bodies, before other
persons
Drafting procedural
documents
Aid providers
Centres for free secondary legal aid
Advocates who provide
free secondary legal aid
on permanent and temporary basis
Aid recipients
• Low-income persons
• Disabled persons
• Orphan children
• Homeless children
• Children suffered from
violence
• Veterans of war, victims of political repressions
• Persons detained in
administrative or criminal-
procedure order
• Persons suspected in crime
commitment, detained by
inquiry and investigation
bodies
• If participation of defender is
obligatory
LEGISLATIVE FRAMEWORK FOR FREE LEGAL AID SYSTEM
Criminal Procedure Code (12 April, 2012)
Law on Free Legal Aid (2 June, 2011 )
Regulations of the Cabinet of Ministers of Ukraine:
No. 1362 on Approval of Procedure and Conditions of Competition and Requirements to Lawyers
to be Involved in Provision of Free Secondary Legal Aid (28 December, 2011 )
No. 1363 on Approval of Procedure of Informing of Centres for Free Secondary Legal Aid of
Detainees (28 December, 2011 )
No. 8 on Approval of Procedure and Conditions according to which Contracts with Lawyers
Providing Free Secondary Legal Aid Permanently and Agreements with Lawyers Providing Free
Secondary Legal Aid Temporarily will be Concluded (11 January, 2012)
No. 305 on Remuneration of Lawyers Providing Free Secondary Legal Aid to Persons Detained
through Administrative or Criminal Procedure, and in Criminal Cases (18 April, 2012)
No. 504 on Establishment of the Coordinating Centre for Legal Aid and Liquidation of the Centre for Legal Reform and Law Drafting under the Ministry of Justice of Ukraine (6 June, 2012 )
No. 522 on Conditions of Remuneration of Employees of the Coordinating Centre for Legal Aid
Providing and its Territorial Departments (20 June, 2012)
Regulations of the Ministry of Justice of Ukraine:
No. 483/5 on Approval of Model Statute of Agency on Free Primary Legal Aid (28 March, 2012 )
No. 891/7 on Approval of Procedure of Contracting Private Law Legal Persons by Local Self-Governmental Bodies to Provide Free Primary Legal Aid (15 June, 2012 )
INSTITUTIONAL FRAMEWORK FOR FREE LEGAL AID SYSTEM
Kyiv
Zhytomyr
Rivne
Lutsk
Lviv
Uzhgorod
Ivano-Frankivsk
Ternopil
Chernivtsi
Khmelnytsky Vinnytsia
Cherkasy
Odesa
Simferopol
Kherson
Mykolaiv
Kirovohrad
Chernihiv
Sumy
Poltava
Kharkiv
Luhansk
Donetsk
Zaporizhia
Dnipropetrovsk
Sevastopol
Ministry of Justice is responsible for general management of the system
UKRAINE
Area: 603,628 km2
Population: 45.6 million
2012 Co-ordination Centre for
Free Legal Aid
27 regional centres
2 pilot inter-district
centres
2013 43 inter-district centres
2014 24 centres in regional
cities
In 2010:
Ab. 50000
persons
detained as
crime suspects
Ab. 120000
detained in
administrative
order
MANAGEMENT OF FREE LEGAL AID SYSTEM
Ministry of Justice of Ukraine
Coordinating Centre
for Legal Aid Providing
Centres for Free
Secondary Legal Aid
- adoption of legislative acts to lay down conditions for
lawyers selection
concluding contracts with selected lawyers
informing of centres for secondary legal aid on each
detainee by inquiry and investigation agencies
Cabinet of Ministers
of Ukraine
- adoption of legislative acts to lay down
model provision on centres for free secondary legal aid
procedure for filling up registries of lawyers providing
free secondary legal aid
mechanisms for providing free primary legal aid by local
self-governmental bodies (through creation of
specialized agencies and through selection on
competitive basis of private law legal persons)
- general management
- establishment of centres for free secondary legal aid
- decisions on selection of lawyers, other functions
prescribed by Law on Free Legal Aid
- policy analysis and drafting policy proposals
- day-to-day management of system of free secondary legal
aid
- consultancy to subjects providing free primary legal aid
- checking eligibility of applicants for free secondary legal aid
- contracting lawyers and managing contracts
- communication with courts, with inquiry and investigation
agencies
- providing lawyers to eligible persons
QUALITY MANAGEMENT
Ministry of Justice defines legal aid quality standards
Mechanisms
- Selection of lawyers
providing free secondary
legal aid (first ever
competition took place in
march-may 2012)
- Permanent training - Quality checks
Types
Internal: conducted by centres for
free secondary legal aid according to concluded contracts
External: conducted by special
commissions established by Bar
self-governmental bodies
according to Draft Law on Bar
(adopted by the Parliament of Ukraine in the first reading)
COOPERATION WITH CIVIL SOCIETY AND THE BAR
Coordinating Centre for
Legal Aid Providing
Non-governmental lawyers’
organizations (cooperation,
engagement in system
building and monitoring)
Non-governmental human rights
organizations (cooperation,
engagement in system
building and monitoring)
International organizations
(cooperation, engagement in
system building)
Legal clinics (cooperation,
engagement in system
building)
CONTACT INFORMATION
ANDRIY VYSHNEVSKY
Ministry of Justice of Ukraine
Acting Director of Coordinating Centre for Legal Aid Providing
73 Artema Str., 04053, Kyiv, Ukraine
Tel.: +38 044 486 71 06
Fax: +38 044 486 77 45
E-mail: [email protected],
www.legalreform.gov.ua
