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Legal review of the Law of Ukraine "On free legal aid "
Wednesday, 13 July 2011 19:31

Free legal aid in Ukraine. Legal review of the Law of Ukraine "On free legal aid "

Article 59 of the Constitution of Ukraine guarantees the right to legal aid to each person. In the cases provided by law, this aid is provided free of charge.

On 2 June 2011 Parliament of Ukraine adopted the Law of Ukraine "On free legal aid", which came into force on July 9, 2011.

This Law reveals content of the right to legal aid, the procedure for its implementation, defines the concept of legal aid, the grounds and procedures of aid.

In general, the needs for this law were determined by the recommendations of the Parliamentary Assembly of the Council of Europe set in paragraph 13.13 of the Resolution number 1466 (2005) and paragraph 7.2.5 of the PACE Resolution number 1755 (2010).

Under the provisions of Article 1 of the Law "On free legal assistance" free legal aid is the legal aid (provision of legal services to ensure the rights and freedoms of citizens, protection of these rights and freedoms, their rehabilitation in case of violation), guaranteed by the state and fully or partially provided by the state budget of Ukraine, local budgets and other sources.

Under the legal services the law envisages provision of legal information, advice and clarification of legal issues, drafting of statements, claims, and other legal documents, representation of persons in the courts, other state agencies, local governments, and others, ensuring protect individuals from prosecution, assisting the person in providing individual access to secondary legal assistance and mediation.

The law introduces the concept of primary and secondary legal aid.

Primary legal aid aims at informing people about their rights and freedoms, the order of their implementation, rehabilitation in case of their violation and procedure for appealing against decisions, actions or inaction of state authorities, local governmental officials and officers.

Secondary free legal aid is a type of governmental guarantee to create equal opportunities for people in access to justice, including the following types of legal services: protection from prosecution, the representation of interests in courts, other state bodies, local authorities.

In fact, on July 9, 2011 - with the entry into force of the law - the system of primary free legal aid became available to everyone.

The system of free secondary legal assistance will be available when the centers of free secondary legal assistance are created (they should be established until January, 2017).