Publication

The law of Ukraine on free legal aid

In accordance with the Constitution of Ukraine (254k/96-VR), this Law establishes the right to free legal aid, procedures for execution of this Law, the grounds and procedures for provision of free legal aid, and state guarantees with regard to providing free legal aid.

Section I

GENERAL PROVISIONS

Article 1.    Definitions

1. In this Law the following terms shall be used:

1) free legal aid – the legal aid guaranteed by the state and funded in full or in part by the State Budget of Ukraine, the local budgets and other sources

2) legal representatives – parents, adoptive parents, training parents, foster parents, patronate trainers, adopters, caregivers, representatives of adopting and caregiving institutions

3) legal aid – provision of legal aid with the view to support compliance with rights and freedoms of person and citizen, protection of these rights and freedoms and their restoration in case of infringement

4) legal services – providing legal information, consultations and explanations on legal issues; drafting requests, claims, procedural and other legal documents; legal representation of person in courts and other state authorities, public authorities, and versus other persons; providing judicial remedy against charges; assisting individuals in providing access to secondary legal aid and intermediation.

Article 2. Scope of the Law

1. This Law regulates legal relations in the area of providing free legal aid to legal entities entitled to receive free primary legal aid, and to legal entities entitled to receive secondary legal aid as set forth by this Law.

2. The procedure for granting free legal aid to individuals during charity events by individuals and legal entities engaged in charity activities independently or together with the corresponding charity institutions, shall be regulated by the corresponding legislation and charters of these organizations.

Article 3. The right to legal aid

1. The right to free legal aid is guaranteed by the Constitution of Ukraine (254k/96-VR) as the right of a citizen of Ukraine, a foreigner, a stateless person, including refugees, to receive free primary legal aid in full scope, that includes the right of certain categories of entities to receive free legal aid in cases set forth by this Law.

Article 4. Guaranteed non-discrimination of access to legal aid

1. While exercising the right to free legal aid, it is not allowed to apply privileges or restrictions vis-à-vis persons based on race, skin colour, political, religious and other convictions, and gender, ethnical and social background, place of living, language and other factors.

Article 5. Principles of the state policy regarding free legal aid

1. The state policy in the area of granting free legal aid shall be based on the following principles:

1) rule of law;

2) legality;

3) availability of high quality legal aid

4) provision of free legal aid

5) guaranteed state funding.

Article 6. Ukrainian legislation on free legal aid

1. The issue of granting legal aid in Ukraine shall be regulated by the Constitution of Ukraine (254k/96-VR), this Law, and other laws of Ukraine, ratified by the Verkhovna Rada of Ukraine.

Section II

GRANTING FREE PRIMARY LEGAL AID

Article 7. Definition of free primary legal aid

1. Free primary legal aid is the kind of state guarantee represented by providing legal advice to persons on their rights and freedoms, procedures for their execution, their restoration in case of infringement, and procedures for appealing against decisions, actions or lack thereof by the state authorities, local authorities, and public officials.

2. Free primary legal aid includes the following types of legal services:

1) provision of legal information;

2) granting consultation and explanation of legal issues;

3) drafting requests, complaints and other legal documents (except for procedural documents);

4) assisting in individual’s access to the secondary legal aid and intermediation.

Article 8. Persons that have the right to free primary legal aid

1. In accordance with the Constitution of Ukraine (254k/96-VR) and this Law, the right to free primary legal aid shall be granted to all persons under the jurisdiction of Ukraine.

Article 9. Entities granting free primary legal aid

1.     The providers of free primary legal aid in Ukraine are as follows:

1)    executive authorities;

2)    local authorities

3)    individuals and legal private law entities

4)    specialized institutions

Article 10. The procedure for review of requests for free primary legal aid

1. Requests for provision of one of the types of legal services, set forth by Article 7, part two, of this Law, shall be sent or submitted by persons of legal age directly to the central or local executive authorities and local self-governing authorities according to their jurisdiction.

2. Requests for provision of one of the types of legal services provided in Article 7, part two, of this Law, with regard to children, shall be sent or filed by their lawful representatives.

3. Requests for provision of one of the types of legal services provided in Article 7, part two, of this Law, with regard to persons recognized incapable by the court, or to persons with capability restricted by the court, shall be sent or filed by their guardians or caregivers.

4. Upon receiving the written request from individuals for granting any type of legal aid as set forth in Article 7, part two, of this Law, with regard to issues included into their jurisdiction, executive authorities or the local authorities shall be obliged to provide such services in the course of 30 calendar days as of the day of receiving the application.

5. If the person’s request only contains a query for respective legal information, such legal aid shall be provided within 15 days of the date of receiving the request.

6. Executive authorities and local authorities shall not have the right to charge legal fees for rendering any legal aid provided in Article 7, part two, of this Law, and for issuing blank forms of applications, appeals, queries, certificates, or other documents to individuals, as provided in the legislation regulating compliance with rights and freedoms of persons and citizens.

7. If the issues that were raised in the request are not within the jurisdiction of the executive authority or local authority that receives such request from a person, such authority, within five calendar days, shall forward the request to the corresponding authority, of which it shall notify the person that filed the request.

8. If during the review of the request for rendering free primary legal aid it was established that the individual requires free secondary legal aid, the executive authority or the local authority that reviews the request shall be obliged to explain the procedure for filing the request for free secondary legal aid to the person or one’s legal representative.

9. Requests unrelated to granting primary legal aid shall be reviewed in accordance with the procedure set forth by the legislation regulating requests by persons.

Article 11. Reception of persons with the view to rendering free primary legal aid

1. Executive authorities and local authorities shall be obliged to arrange reception of persons requiring free primary legal aid, on issues within the jurisdiction of the corresponding executive authority or local authority.

2. Reception of persons requiring free primary legal aid shall be arranged on a regular basis during the scheduled visiting days (hours).

3. Executive authorities and local authorities shall arrange reception of individuals by highly qualified employees providing specific and clear interpretation of legal provisions and giving advice on rights and freedoms of persons and citizens, as well as their duties.

4. If in the course of the personal reception it is established that a person requires secondary legal aid, the employee conducting the reception shall explain to that person or one’s legal representative the procedure for filing a request for free secondary legal aid.

Article 12. Granting free primary legal aid by specialized institutions and other entities

1. Taking into account community needs at a corresponding administrative and territorial area, local self-government authorities may establish, in accordance with the procedures set forth by the law, specialized institutions to provide free primary legal aid.

2. Specialized institutions providing free primary legal aid, established by the local public authorities, shall be considered non-profit organizations with the rights of legal entities, have their own stationery and official stamp with the name on it.

3. Specialized institutions providing free primary legal aid shall be established by the local self-governing institutions, and shall be funded by the local budgets and other sources not prohibited by the legislation.

4. Powers and operating procedures of the specialized institutions providing free primary legal aid shall be set forth in the Regulation on the institution providing free legal aid that is approved on the basis of the standard regulation on institutions providing free primary legal aid.

5. Local self-governing authorities may enter into contracts with legal private law entities that can provide legal aid based on their Charter on providing primary legal aid on a permanent or temporary basis in the territory of the corresponding administrative and territorial unit.

6. The procedures and criteria for involving legal private law entities in providing free primary legal aid shall be approved by the Ministry of Justice of Ukraine.

7. Local self-governments may engage lawyers or other specialists in the corresponding field of law to provide free primary legal aid.

8. An lawyer or any other specialist in a corresponding field of law, or the private law legal entity with which a contract on providing primary legal aid has been concluded, shall be obliged to provide quality aid to the extent and within the period specified in the contract.

Section III

GRANTING FREE SECONDARY LEGAL AID

Article 13. Definition of free secondary legal aid

1. Free secondary legal aid is the type of state guarantee that provides equal access to justice for everyone.

2. Free secondary legal aid includes the following types of legal services:

1) defense against prosecution;

2) representation of the interests of persons that have a right to free secondary legal aid in the courts, other state agencies, self-governing authorities, and versus other persons.;

3) drafting procedural documents.

Article 14. Persons that have the right to free secondary legal aid

1. In accordance with this Law and other laws of Ukraine, the following categories of persons have the right to free secondary legal aid:

1) persons under jurisdiction of Ukraine, if the average monthly income of their families is lower than the minimum subsistence level calculated and approved in accordance with the Law of Ukraine On the Minimum Subsistence Level (966-14) for the persons belonging in the principal social and demographic groups of population, and disabled persons who receive pension (or allowance) of less than two minimum subsistence levels for the disabled persons have the right to all types of legal services set forth by Article 13, part two, of this Law;

2) orphaned children, children whose parents have been stripped of their parental rights, and children that may become or have become victims of family violence have the right to all types of legal services set forth by Article 13, part two, of this Law;

3) persons to whom administrative detention has been applied have the right to legal services mentioned in Article 13, part two, para. 2 and 3 of this Law;

5) criminal suspects detained by investigation agencies have the right to legal aid set forth by Article 13, part two, para. 1 of this Law.

6) persons taken into custody as a form of preventive measure have the right to legal aid provided in Article 13, part two, para. 1 of this Law. Such aid shall be provided within 72 hours as of the moment of detention. In case the court rules to keep that person in custody, free aid shall be granted if such person belongs to one of the categories of individuals mentioned in part one of this Article, para. 1 and 2;

7) persons whose cases must be pleaded in presence of lawyer in accordance with the provisions of the Criminal Procedural Code of Ukraine (1001-05, 1002-05, 1003-05) have the right to legal aid mentioned in Article 13, para 1 and 3 of this Law;

 8) persons covered by the Law of Ukraine On Refugees (2557-14) have the right to all types of legal services mentioned in the second part of Article 13 of this Law, until the decision is made on granting them refugee status or if the person appeals against the decision on granting refugee status;

9) war veterans and persons indicated in the Law of Ukraine On the Status of War Veterans and Guarantees of their Social Protection (3551-12), persons with special merits, those who have rendered special labor services to the country, and victims of Nazi persecution have the right to legal services under paragraphs 1-3 of Article 13 of this Law, with regard to their social protection;

10) persons in relation to whom the court is considering restriction of one’s civil capability, recognition of the individual as incapable, and recovery of the person’s civil capability have the right to legal aid mentioned in Article 13, part two, paragraphs 2 and 3 of this Law, in the course of the hearing;

11) persons in relation to whom the court is considering rendering forced psychiatric care have the right to legal aid provided in Article 13, paragraphs 2 and 3 of this Law, in the course of the hearing;

12) persons rehabilitated in accordance with the legislation of Ukraine have the right to legal aid mentioned in Article 13, part two, paragraphs 2 and 3 of this Law, with regard to rehabilitation-related issues.

2. The right to free secondary legal aid shall be granted to citizens of the countries with which Ukraine has signed the relevant international treaties on legal aid, ratified by the Verkhovna Rada of Ukraine, as well as foreigners and stateless citizens in accordance with international treaties to which is Ukraine is a party, if such treaties prescribe free legal aid to be provided by the participating states to certain categories of persons.

Article 15. Entities rendering free secondary legal aid

1. There are the following entities rendering free secondary legal aid in Ukraine:

1) centers for granting free secondary legal aid;

2) lawyers included in the Registry of Lawyers that provide free secondary legal aid on a regular basis according to contracts;

3) lawyers included in the Registry of Lawyers that provide free secondary legal aid on the temporary basis according to contracts;

Article 16. Centers for free secondary legal aid

1.The Centers providing free secondary legal aid shall be established by the Ministry of Justice of Ukraine at the Chief Departments of Justice of the Autonomous Republic of Crimea, Kyiv and Sevastopol, according to the needs of administrative territorial units.

2. The Centers providing free secondary legal aid shall be the non-profit organizations that have the rights of legal entities, have their individual letterheads and official seals with their name on it.

3. The Centers providing free secondary legal aid shall be funded from the State Budget of Ukraine and other sources not prohibited by the law.

4. The Centers providing free secondary legal aid shall provide all kinds of legal aid in accordance with the second part of Article 13 of this Law.

5. Powers and operating procedures of the Centers for free secondary legal aid shall be set forth in the Regulation on the Centers for Free Secondary Legal Aid approved by the Ministry of Justice of Ukraine.

6. While providing free secondary legal aid, the Centers shall work with courts, prosecutor’s offices and other law enforcement agencies, executive bodies, and local governments.

7. Activities of the Center for free secondary legal aid shall cover the territory of a corresponding administrative territorial unit.

Article 17. Mandate of the Centers for free secondary legal aid

1. The Center for free secondary legal aid operating in the Autonomous Republic of Crimea, Kyiv and Sevastopol shall:

1) decide to grant free secondary legal aid or refuse to provide free secondary legal aid;

2) assist in drafting procedural documents as requested by persons with the right to free secondary legal aid;

3) ensure participation of lawyers during inquiry, criminal investigation and criminal proceedings at the court where presence of a lawyer is mandatory under the provisions of the Criminal Procedural Code of Ukraine (1001-05, 1002-05, 1003-05), and in cases where suspects, accused, or defendants who have the right to free secondary legal aid are not in a position to seek lawyers due to lack of funds or any other objective reason;

4) ensure participation of a lawyer in hearings of administrative offenses;

5) ensure representation of persons having the right to free secondary legal aid in the court or any other government agencies, local authorities, and versus other persons;

6) enter into contracts with lawyers included in the Registry of Lawyers who provide free secondary legal aid, with regard to rendering such aid on a regular basis;

7) enter into contracts with lawyers included in the Registry of Lawyers, who provide free secondary legal aid, with regard to rendering such aid on a temporary basis (based on individual service contracts);

8) issue letters to confirm authority of the defender or lawyer that represent persons in courts, government agencies, local self-governing authorities, and other entities;

9) decide to replace the lawyer under Article 24 of this Law;

10) submit motions to the Chief Department of Justice of the Autonomous Republic of Crimea, Kyiv and Sevastopol, on exclusion from the Registry of Lawyers of lawyers that provide free secondary legal aid on a regular basis in accordance with the contract, and of lawyers that provide free secondary legal aid on a temporary basis under contract, in cases stipulated by para. 2-4, Art. 24 of this Law;

11) terminate the provision of free secondary legal aid;

12) present reports on their activities to the Chief Department of Justice in the Autonomous Republic of Crimea, Kyiv and Sevastopol;

13) perform other activities in accordance with the Regulations on the center for free secondary legal aid.

Article 18. Procedures for submitting requests for free secondary legal aid

1. Requests for one type of legal aid, as provided in Article 13 of this Law, shall be submitted by persons of age to the Center for free secondary legal aid or the local Department of Justice based on the place of actual residence of such persons, regardless of their registered domicile or their permanent residence.

2. Requests for granting one type of legal aid to children, as provided in Article 13 of this Law, shall be submitted by their legal representatives at the place of actual residence of a child or of the child’s legal representatives, regardless of their registered domicile or their permanent residence.

3. Request for one type of legal aid, as provided in Article 13 of this Law, to persons deemed incapable by a court, or persons whose capability was limited by a court, shall be submitted by their guardians or caregivers based on the place of actual residence of such persons or their guardians, trustees, or caregivers, regardless of their registered domicile or their permanent residence.

4. Together with the request for provision of one type of free secondary legal aid, a person or person’s legal representative shall submit documents confirming that the person or persons in respect of which the request is made by legal representative, belong to one of vulnerable categories of individuals as provided in the first part of Article 14 hereof.

Article 19. Procedures for considering requests for free secondary legal aid

1. In case of a person requesting the Center for one type of free secondary legal aid, the Center for free secondary legal aid shall make a decision within ten days as of the day of receiving the request with regard to granting free secondary legal aid.

2. If a person has filed a request for receiving one type of legal aid in accordance with Article 13 of this Law, to the territorial Department of Justice, within three days after submission of the request the Department shall send it to Center for free secondary legal aid operating in the territory of the administrative territorial unit. Within seven days after receipt of the request, the Center for free secondary legal aid shall make the decision on provision of free secondary legal aid.

3. If a person belongs to one of the categories indicated in the first part of Article 14 of this Law, the Center for free secondary legal aid shall make a decision on granting free secondary legal aid and shall notify in written form the person or his/her legal representative, the court, public authorities and local governments representing that person.

4. If a person has no grounds to receive free secondary legal aid, the Centers for free secondary legal aid can decide to refuse provision of free secondary legal aid, sending a copy of said decision to the person who applied for such aid, explaining the procedures for appealing against refusal to provide free secondary legal aid.

5. In case of requests by persons referred to in paragraph 3.7 of Article 14 of this Law for free secondary legal aid, or when receiving information about detainees in cases specified by law, the Center for secondary legal aid shall decide on provision of free secondary legal aid as of the moment of detention.

6. In case of receiving a request for appointment of lawyer from the inquirer, investigator or a court, the Center for free secondary legal aid shall appoint the lawyer within 24 hours as of the moment of the request.

Article 20. Grounds for refusing free secondary legal aid

1. A person’s request for free secondary legal aid may be turned down in view of at least one of the following reasons:

1) the person does not belong to any of the categories of persons referred to in Article 14, part one, of this Law;

2) the person has submitted false information or false documents with the view to be included into one of the categories of persons eligible for free secondary legal aid;

3) the person’s requests for protection or restoration of their rights are illegitimate;

4) the person was provided free secondary legal aid earlier with regard to the same issue;

5) the person has used all domestic remedies in the case for which he/she requests to receive free secondary legal aid.

2. If a person’s request for free secondary legal aid has been turned down under part 1, para 5, of this Article, the decision to turn it down shall include a written explanation of the procedures for appealing to the relevant international judicial institutions or the relevant international bodies or which Ukraine is a member.

Article 21. Provision of free secondary legal aid by lawyers on a regular basis in accordance with the contract

1. Having decided to provide free secondary legal aid, the Center for free secondary legal aid shall appoint a lawyer that provides free secondary legal aid on a regular basis in accordance with the contract.

2. While considering the nominated lawyer, his/her expertise, experience, workload, and complexity of cases in which the lawyer has participated shall be taken into account.

3. The authority of a lawyer to act as lawyer during investigation, pre-trial inquiry, and criminal proceedings in the court, participate in hearing of administrative offenses and represent interests of the persons eligible to receive secondary free legal aid in the courts, other state agencies, local authorities, and versus other persons, shall be confirmed with a letter of the Center for the provision of free secondary legal aid.

Article 22. Provision of free secondary legal aid in accordance with the contract

1. If it is impossible to provide free secondary legal aid by a lawyer who provides free secondary legal aid on a regular basis in accordance with the contract, the Center for free secondary legal aid shall enter into contract with a lawyer included into the Register of Lawyers who provide free secondary legal aid on a temporary basis under the contract.

2. The contract on provision of free secondary legal aid shall indicate the scope of legal aid and the period during which legal aid shall be provided, and the professional fee.

3. The authority of the lawyer with whom contract for free secondary legal aid was signed shall be confirmed in accordance with the procedure set forth in para 3, Article 21 of this Law.

4. The lawyer with whom a contract on provision of free secondary legal aid was signed must provide quality aid to the extent and within the period specified in the contract.

Article 23. Grounds and procedures for termination of free secondary legal aid

1. Free secondary legal aid shall be terminated by a decision of the Center for secondary legal aid if:

1) circumstances or reasons based upon which the person was included into a category of persons referred to in Article 14, part one, of this Law cease to exist;

2) it was established that false information or forged documents were submitted by the person, as a result of which this person was entitled to free secondary legal aid, and the decision was made to provide free secondary legal aid;

3) the person uses another defender (defenders) in the case for which this person was assigned a lawyer in accordance with this Law;

4) the person has used all available domestic remedies in the case.

2. Legal aid on general grounds may be provided to the person who has previously received free secondary legal aid under this Law but ceased to qualify for receiving legal aid.

3. In case of termination of free secondary legal aid under para. 2 of this Article, a person that received such aid shall reimburse the effective cost of the rendered legal aid.

4. Provision of free secondary legal aid shall be terminated in case of completion of the obligations by the entity providing free secondary legal aid in accordance with the contract.

Article 24. Grounds and procedures for replacement of lawyers who provide free secondary legal aid

1. The lawyer that provides free secondary legal aid can be replaced in case of:

1) lawyer’s illness;

2) improper execution of contractual obligations by the lawyer;

3) lawyer’s failure to comply with the procedures for provision of free secondary legal aid;

4) expulsion from the Register of Lawyers of the lawyer who provides free secondary legal aid on a regular basis for contract, or of the lawyer who provides free secondary legal aid on a temporary basis in accordance with the contract.

2. Lawyer replacement shall be performed in accordance with the norms set forth in Articles 21 and 22 of this Law.

3. Lawyer replacement shall not affect the continuity of free secondary legal aid.

4. The new lawyer must take actions to address the deficiencies of the free secondary legal aid that were in place prior to his appointment.

5. If the decision to replace the lawyer was made in accordance with para 2-4 of this Article, the Center for free secondary legal aid may propose to respective Chief Departments of Justice of the Autonomous Republic of Crimea, Kyiv and Sevastopol to expel such lawyer from the Register of Lawyers that provide free secondary legal aid on a regular basis in accordance with the contract, or Register of Lawyers that provide free secondary legal aid on a temporary basis in accordance with the contract.

Article 25. Rights of entities rendering free secondary legal aid

1. The entity rendering free secondary legal aid shall have the right to:

1) provide legal defense during investigation, pre-trial inquiry, and criminal proceedings in the court on the basis of the instructions from the Centers for free secondary legal aid;

2) participate in court hearing of administrative offences following the instructions by the Centers for free secondary legal aid;

3) represent the rights and lawful interests of persons in need of free secondary legal aid at the courts, other state agencies, local authorities, and versus other individuals on the basis of the instructions from the Centers for free secondary legal aid;

4) request and receive documents and other materials, or copies thereof, as required in connection with the provision of free secondary legal aid at the courts, other state agencies, local authorities, and versus other individuals;

5) collect information to use it while pleading the rights and lawful interests of persons entitled to free secondary legal aid;

6) get familiar with the documents of the state agencies, local governments, enterprises, institutions and organizations as required to ensure effective legal defense, except for the official secret documents;

7) inform the Center for free secondary legal aid about the circumstances involving the termination of free secondary legal aid in cases provided in Article 23, part one, of this Law;

8) receive professional fee for provision of free secondary legal aid.

2. The lawyer providing free secondary legal aid on a permanent basis in accordance with the contract, or on temporary basis in accordance with the contract, shall enjoy all the rights and guarantees provided in the Law of Ukraine On the Bar (2887-12), and in other Ukrainian laws.

Article 26. Obligations of entities rendering free secondary legal aid

1. The lawyer providing free secondary legal aid shall be obliged to:

1) firmly comply with the provisions of the Constitution of Ukraine (254k/96-VR), this Law, international treaties of Ukraine ratified by the Verkhovna Rada of Ukraine, and other legal acts;

2) provide high quality legal aid to the extent as necessary;

3) accept for proceedings cases of persons requiring free secondary legal aid according to contracts concluded with the Center for free secondary legal aid;

4) not disclose confidential information about a person that was disclosed in connection with provision of free secondary legal aid.

2. The lawyer providing free secondary legal aid on a permanent basis in accordance with a contract or on a temporary basis in accordance with a contract shall comply with all the obligations prescribed by the Law of Ukraine On the Bar (2887-12), and in other laws of Ukraine.

Section IV

MANAGING THE SYSTEM OF FREE LEGAL AID AND ITS FINANCING

Article 27. Authority of the Cabinet of Ministers of Ukraine in the area of free legal aid

1. Cabinet of Ministers of Ukraine shall:

1) approve the procedures, terms of competition, and requirements to professional skills of the lawyers involved in the provision of free secondary legal aid;

2) establish the procedures and terms for signing contracts with the lawyers that provide free secondary legal aid on a regular basis;

3) establish the procedures and terms for signing contracts with the lawyers that provide free secondary legal aid on a temporary basis;

4) establish the procedures for informing the Centers for free secondary legal aid on any case of detention.

Article 28. Authority of the Ministry of Justice of Ukraine in the field of free legal aid

1. Ministry of Justice of Ukraine shall:

1) ensure coordination of the central executive agencies with regard to realization of the state policy in the area of free legal aid;

2) be responsible for the general management of free primary legal aid and free secondary legal aid;

3) be responsible for implementation and operation of the free secondary legal aid system;

4) establish the Centers for provision of free secondary legal aid;

5) submit to the Cabinet of Ministers of Ukraine draft laws and other regulations on provision of free legal aid;

6) provide methodological assistance to executive agencies and local authorities on the issues related to provision of free primary legal aid;

7) establish the procedures for keeping, by Chief Departments of Justice in the Autonomous Republic of Crimea, Kyiv and Sevastopol, of local registers of the Register of Lawyers that provide free secondary legal aid on a regular basis under contract and registered lawyers who provide free secondary legal aid on a temporary basis on the grounds of the contract;

8) support competitions to be run by the Chief Departments of Justice in the Autonomous Republic of Crimea, Kyiv and Sevastopol in order to outsource lawyers to provide free secondary legal aid;

9) analyze the practice of application of this Law;

10) approve quality standards for provision of free legal aid;

11) cooperate with the central authorities on the implementation of this Law;

12) approve the model regulation on the entities providing free primary legal aid;

13) approve the procedures and criteria for involvement of private law legal entities by local public authorities to provide free primary legal aid;

14) approve Regulations on the Centers for free secondary legal aid;

15) exercise other functions related to provision of legal aid established by laws and international treaties of Ukraine and ratified by the Verkhovna Rada of Ukraine.

Article 29. Funding of free legal aid

1. Free primary legal aid shall be funded with allocations from the State Budget of Ukraine to the relevant executive agencies, local budgets, and other sources.

2. Free secondary legal aid shall be funded with allocations of the State Budget of Ukraine.

 

Section V APPEALS AGAINST DECISIONS ON PROVISION OF FREE LEGAL AID, ACTIONS OF PUBLIC AUTHORITIES, LOCAL GOVERNMENT AGENCIES, PUBLIC OFFICIALS AND EMPLOYEES, OR THEIR FAILURE TO ACT

Article 30. Appeals against decisions on provision of free legal aid

1. Refusal by an executive authority, local public agency or institution to provide free primary legal aid, or refusal by officials to provide primary legal aid may be challenged in the court in accordance with the law.

2. Decisions of the Center for free secondary legal aid to turn down requests for free secondary legal aid may be challenged in the court in accordance with the procedures set forth by the law.

Article 31. Appeals against actions and failure thereof by officials violating the procedures for rendering free legal aid

1. Actions and failure thereof by public officials and employees which violate procedures and deadlines for reviewing requests for free legal aid, as well as poor quality legal aid, can be challenged judicially through procedures set forth by the law, or through administrative proceeding.

Article 32. Responsibility for violation of legislation regulating free legal aid

1. Persons who violate this law shall be held responsible in accordance with the procedures set forth by the law.

2. Persons who have deliberately submitted false information or false documents that classified them as persons eligible for free secondary legal aid, shall be held responsible in accordance with the procedures set forth by the law.

Section VI FINAL CLAUSES AND TRANSITIONAL PROVISIONS

1. This Law shall come into force on the day following the date of its publication, except for:

Section III of this Law, which comes into effect phase-by-phase after the launch of Centers for free secondary legal aid;

points 1-4 and 7 of paragraph 7 of section VI Final Clauses and Transitional Provisions of this Law that come into force on  January 1, 2013.

By  January 1, 2013, the Ministry of Justice of Ukraine shall establish the Centers for free secondary legal aid at the Chief Departments of Justice in the Autonomous Republic of Crimea, regions, and cities of Kyiv and Sevastopol.

3. As of January 1, 2013, the Centers for free secondary legal aid shall provide legal aid to persons referred to in paragraphs 3-7, part 1, Article 14 of this Law.

4. Before such Centers are able to render free secondary legal aid, the officials that conduct inquiries, investigators or the courts shall appoint lawyers through associations of lawyers, and through the said Centers in the areas of administrative units where the Centers have started providing such aid.

5. Lawyers appointed through lawyers associations before the Centers can start rendering free legal aid in the territory of a respective administrative and territorial units shall complete the cases in their proceedings, except for cases set forth by the law.

6. Free secondary legal aid to persons referred to in paragraphs 1, 2, 8-12, part 1, Article 14 of this Law, shall be provided stage-by-stage from 1 January 2014.

As of January 1, 2017, free secondary legal aid shall be provided in full to all categories of persons set forth in Article 14 of this Law.

7. Amendments shall be introduced to the following laws of Ukraine:

1) Criminal and Procedural Code of Ukraine (1001-05, 1002-05):

Article 21 shall be supplemented with part three that reads as follows:

“the person that conducts inquiries, investigator, prosecutor, judge and the court shall inform the suspect, accused or defendant of the possibility to have a lawyer according to the Law of Ukraine On Free Legal Aid;

Article 44, part three:

the following shall be added to paragraph 1: “or through a letter of the Center for free secondary legal aid”;

the following shall be added to paragraph 2: “or the Center for free secondary legal aid”;

Article 47:

after the part three, a new part shall be added as follows:

“If participation of a lawyer is mandatory, but the suspect, accused or defendant fail to engage a lawyer, the person conducting inquiries, investigator or court shall send a request to the Center for free secondary legal aid on appointment of a lawyer, in accordance with the law. The request by the person conducting inquiries, investigator, or court for appointment of a lawyer shall be binding for the manager of the Center for free secondary legal aid.”

In this connection, parts 4 to 6 shall now become parts 5 to 7;

in part 6, the words “shall be authorized to appoint temporary lawyers prior to arrival of the chosen lawyer” shall be substituted with “provides for temporary participation of a lawyer through the Center for free secondary legal aid prior to arrival of selected or appointed lawyers “;

in the second sentence of paragraph seven, the words “an investigator or judge with their resolution, or the court with its ruling, shall appoint the Lawyer ” shall be replaced by the following: “investigator, judge or court shall provide for participation of a lawyer through the Center for free secondary legal aid as established by the law “;

Article 61, para 2, shall be supplemented with: “or expulsion from the Register of Lawyers that provide free secondary legal aid”;

in Article 61-1:

part 2 shall be supplemented with: “and the head of the Center for free secondary legal aid, if the  lawyer was appointed by the Center “;

part 5, after words “Bar Association” shall be supplemented with: “or the Center for free secondary legal aid “;

part 5 of Article 106 after the words “one of her relatives” shall be supplemented with words: “Center for free secondary legal aid”;

2) Article 271 of the Code of Ukraine on Administrative Offenses (80731-10, 80732-10) (Vidomosti of Verkhovna Rada of USSR, 1984, Attachment # 51, Art. 1122) shall be supplemented with parts three and four as follows:

“If a person is eligible to have the right to free secondary legal aid, the lawyer appointed by the Center for free secondary legal aid may participate in trying the case of administrative offence. The lawyer enjoys the rights stipulated by part 1 of this Article, and by other laws.

Authorities of the lawyer that was appointed by the Center, shall be confirmed by letters issued by the Center for free secondary legal aid;

3) part 5 of Article 5 of the Law of Ukraine On Militia (565-12) (Vidomosti of Verkhovna Rada of USSR, 1991, # 4, Art. 20; Vidomosti of Verkhovna Rada of USSR, 1992, # 36, Art. 526, 2005 N 10, art. 187) after para 2 shall be supplemented with the new paragraph as follows:

“…based on the procedure established by the Cabinet of Ministers of Ukraine, shall inform the Center for free secondary legal aid on each case of detention, seizure or custody of the person, unless the person defends himself, or has hired an lawyer.”

In this connection, paragraphs 3 to 5 shall become paragraphs 4 to 6;

4) Article 6 of the Law of Ukraine On the Bar (2887-12) (Vidomosti of Verkhovna Rada of Ukraine, 1993, # 9, art. 62, 2004, # 8, Art. 66) in the part after para 9 shall be supplemented with the new paragraph that shall reads as follows:

“terminate participation in the case on the grounds and in accordance with the Law of Ukraine On Legal Aid.

In this connection, para ten shall be considered paragraph eleven;

5) in the Law of Ukraine On Local Self-Government in Ukraine (280/97-VR) (Verkhovna Rada of Ukraine, 1997, N 24, art. 170 with subsequent amendments):

the first part of Article 26 shall be supplemented with para 39-1 as follows:

“39-1) establishment, according to the law, at the expense of local government institutions for free primary legal aid, appointment and dismissal of heads of these institutions, involvement, in accordance with the procedures set forth by the law, of individuals or legal private law entities to provision of free primary legal aid;

To add Article 38-1 as follows: “Article 38-1. Authority in the field of free primary legal aid

1. The competence of executive bodies of village, town and city councils with regard to provision of free primary legal aid shall include the following (self-governing) authority:

1) to establish, according to the approved procedures, institutions for free primary legal aid according to the needs of local communities;

2) prepare and submit for consideration of the Council proposals for establishment of institutions for free primary legal care, make decisions on the number of employees of such institutions, the cost of their maintenance, logistic support of their operations, and provision of proper facilities for their functions;

3) ensure coordination of institutions for free primary legal aid in the territory of an appropriate administrative territorial unit;

4) fund the institutions for free primary legal aid, and control proper use of the funds by such institutions;

5) consider written requests for free primary legal aid and provision of such aid within their competence, according to the law;

6) provide comments to legislation and advise on procedures for requesting free secondary legal aid;

7) arrange personal reception of persons to provide free primary legal aid;

8) contract lawyers, individuals and legal private law entities to provide free primary legal aid;

9) coordinate actions of local executive authorities and regional executive authorities with regard to provision of free primary legal aid;

10) provide documents and other materials or their copies required in connection with the provision of free secondary legal aid;

11) arrange seminars and conferences on free primary legal aid.

2. Executive agencies of village, town and city councils shall interact with the Centers for free secondary legal aid and provide them with assistance within their authority “;

6) in the Law of Ukraine On Refugees (2557-14) (Vidomosti of Verkhovna Rada of Ukraine, 2001, N 47, Art. 250; 2005, N 25, Art. 336):

Part 2, Article 7, after para 2 shall be supplemented with the following paragraph:

“explanation of the procedures for requesting free legal aid.”

In this connection, paragraphs 3 to 15 shall be considered paragraphs 4 – 16 correspondingly;

part 12 of Article 11 shall be supplemented with para 9 that reads as follows:

“shall comment on the procedures for requesting free legal aid, at the request of the applicant it shall accept the request and hand it over to executive bodies, local government, territorial Department of Justice, or the Center for free secondary legal aid”;

in Article 12:

last sentence of part 2 shall be deleted;

after part 2 the following new parts shall be added:

“at the request of the applicant, the lawyer shall participate in the preliminary review of the request for granting refugee status. The procedure for lawyer appointment shall be set forth by the Law of Ukraine On Free Legal Aid.

Participation of a lawyer shall be mandatory during the preliminary review of the requests to grant refugee status to a child separated from his family, or a disabled person.”

Therefore, parts 3 – 7 shall be considered parts 5 – 9;

in Article 13, part 3, the words “part 2” shall be replaced with words “parts 2 – 4”;

Article 16, after part 7 shall be supplemented with the new part as follows:

“At the request of the person, the lawyer shall participate in reviewing the complaint. Participation of the lawyer in reviewing the complaint with regard to a child separated from family, or a disabled person shall be mandatory.”

Therefore, parts 8 – 10 shall become parts 9 – 11;

paragraph 4, part 1 of Article 18 shall read as follows:

“free legal aid in accordance with the procedures set forth by the Law Ukraine On Legal Aid;”

paragraph 13 part 1 of Article 20 shall read as follows:

“free legal aid in accordance with the procedures set forth by the Law Ukraine On Legal Aid;”;

7) Article 19 of the Law of Ukraine On the State Border Service Ukraine (661-15) (Verkhovna Rada of Ukraine, 2003, # 27, Art. 208; 2008, # 26, Art. 243, 2009, # 24, Art. 298; 2010, # 6, Art. 46; amended by the Law of Ukraine of January 13, 2011 # 2947-VI) (2947-17), shall be supplemented by para 28 – 29 reading as follows:

“28) provide to detainees, as of the moment of their detention, the right to defend themselves or to use legal assistance of a lawyer;

29) inform the Center for free secondary legal aid, in accordance with the procedures set forth by the Cabinet of Ministers of Ukraine, of each and every case of detaining persons under the mandate of law enforcement agencies of Ukraine, and of every case of administrative detention, except for the cases where a person defends oneself or invites a lawyer.”

8. Within six months after this Law comes into effect, the Cabinet of Ministers of Ukraine shall:

draft and submit to the Verkhovna Rada of Ukraine proposals on bringing the laws of Ukraine in accordance with this Law;

bring its regulations in compliance with this Law;

support, within its authority, approval of legal acts required to implement this law;

oversee compliance with the present Law of the legal acts of Ministries and other central executive agencies in Ukraine.

 

President of Ukraine                                                              Viktor Yanukovych

Kyiv, June 2, 2011

N 3460-VI

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