Legislative, Policy and Institutional Arrangements for Criminal and Civil Legal Aid: Ukraine's Case

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Legislative, Policy and Institutional Arrangements for Criminal and Civil Legal Aid: Ukraine's Case

ANDRIY VYSHNEVSKY CEO Legal Aid Ukraine

Second International Conference on Access to Legal Aid in Criminal Justice Systems Buenos Aires, Argentina 16 November, 2016


LEGISLATIVE FRAMEWORK: KEY STEPS 1996

1997

2005

2006

2011

2012

Constitution of Ukraine

European Convention on Human Rights

Council of Europe Resolution on Access to Justice in Ukraine

Concept of the Legal Aid System

Legal Aid Law

New Code of Criminal Procedure

"everyone has the right to legal aid. In cases stipulated by the law, legal aid should be provided free of charge"

“everyone charged with a criminal offence has the following minimum rights: to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require”

“…to improve the conditions of access to a court by establishing a system of legal aid in line with the Council of Europe standards and the case law of the European Court of Human Rights”

provides for principles of the state policy in the area of legal aid, defines the legal aid system, main tasks and responsibilities of the legal aid providers, eligibility criteria for legal aid, governance and administration arrangements for the legal aid system

guarantees early access to legal aid for detainees and regular access for those suspected of or charged with a criminal offence


EARLY ACCESS TO LEGAL AID

Yevhen Zakharov, Director of Kharkiv Human Rights Protection Group

“Access to legal aid is the second key factor that reduced the amount of illegal violence by law-enforcement officers. In comparison with 2011, the amount of such violations reduced by half.”


REGULAR ACCESS TO LEGAL AID 2. At the request of a suspect or accused, or without such

request if, according to the CCP the interests of justice so require:  makes the decision to assign a lawyer and  sends it to Regional Legal Aid Centre

1. Requests assistance

if he/she has no possibility to hire lawyer

about 44,000 cases / year

3. Assigns a lawyer

LAWYER

4. Contacts with a client and

provides legal aid in accordance with Quality Standards


THREE-LEVEL INSTITUTIONAL FRAMEWORK 100 LOCAL CENTRES

(FROM JULY, 2015) with 400+ LEGAL AID BUREAUS (FROM SEPTEMBER, 2016):

Legal empowerment of communities Legal consultations Civil legal aid for vulnerable clients Access for victims of crime and witnesses 25+2 REGIONAL CENTRES (FROM JANUARY, 2013):

Defence in criminal proceedings Early access for detainees Access for imprisoned 1 COORDINATION CENTRE (FROM JUNE, 2012)

5 000 SELECTED LAWYERS “ex-officio” 2 000 EMPLOYED LEGAL COUNSELS


PROFESSIONAL FUNCTIONAL SYSTEMS DEVELOPMENT ACCESS TO LEGAL AID MANAGEMENT

LEGAL AID QUALITY MANAGEMENT

IT MANAGEMENT

FINANCIAL MANAGEMENT

COMMUNICATIONS MANAGEMENT

REGULAR TRAININGS


MAIN PRIORITIES FOR FURTHER DEVELOPMENT

Legal aid system model CLASSIC PROVISION OF LEGAL SERVICES TO INDIVIDUAL

VS

PROACTIVE LEGAL EMPOWERMENT OF COMMUNITIES

KNOWLEDGE MANAGEMENT SYSTEM, IT SERVICES DEVELOPMENT

Innovations

Criminal legal aid model

“EX-OFFICIO”

PUBLIC DEFENDER OFFICES

FINANCIAL, HR MANAGEMENT Decentralisation of functions


THANK YOU FOR YOUR ATTENTION! www.legalaid.gov.ua


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