Розвиток системи управління якості юридичної допомоги: український досвід

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Development of Legal Aid Quality Management System: Ukrainian Experience 23 November, 2017

Vilnius “Enhancing the Quality of Legal Aid: General Standards for Different Countries� Conference

Oleksii BONIUK Acting Director of Coordination Centre for Legal Aid Provision


UKRAINIAN LEGAL AID SYSTEM:

KEY STEPS OF INSTITUTIONAL DEVELOPMENT 2011 Legal Aid Law adopted 2012 Coordination Centre for Legal Aid Provision established 01.01. 27 Regional legal Aid Centres launched

criminal legal aid

2013

01.07. 100 Local Legal Aid Centres launched

+ civil and administrative legal aid

01.09.

+ primary legal aid

2015 2016 2017

432 Legal Aid Bureaus launched in small towns and rural areas

+ legal empowerment and legal enlightment


SNAPSHOT OF THE LEGAL AID SYSTEM

5 000

1 600

>

>

lawyers

jurists

contracted by legal aid centres “ex officio�

employed by legal aid centres

>

550

access points to legal aid

500 000

8 000 000

>

>

clients per year

citizens eligible for secondary legal aid


QUALITY MANAGEMENT SYSTEM OVERVIEW


CONTEST FOR LAWYERS

8

9

th

contests

contest

(in 2012-2015)

(just started)

From

to

knowledge checking written test on procedural legislation an Legal Aid Law

knowledge giving and motivation assessment on-line course “Introduction to the Legal Aid System�


TRAININGS Central Trainings for trainers

“Cascade� trainings model

Network of lawyers-trainers (about 50)

Trainers conduct trainings in each region

9 circles of trainings conducted

Guidelines, manuals on each topic

to

From

procedural aspects of the Code of Criminal Procedure

legal aid provision peculiarities to targeted vulnerable groups (e.g., internally displaced persons or people with disabilities)

and soft skills


QUALITY STANDARDS IN CRIMINAL PROCEEDINGS

15

14

common standards

standards for each stage of criminal proceeding    

pre-trial 1st instance court appeal cassation

reference on  Ukrainian procedural legislation  Ukrainian judicial practice  European Convention on Human Rights  ECHR decisions

reference on information sources to check the compliance with each standard


MONITORING OF QUALITY STANDARDS

25 quality managers:

1 in each region

Main instruments: observation in court interviewing of lawyers interviewing of clients best practices identification

Informing of directors of regional centres and Coordination Centre on the results Application to Commissions of Legal Aid Quality, Completeness and Timeliness Assessment (if violations)


FINANCIAL INCENTIVES

acquittal minimal or less sanction than provided by law

Method of Remuneration approved by the Cabinet of Ministers

case closure easing / cancellation of custody as a restrictive measure release from serving punishment with a probation period

‌and others


NEXT STEPS 1) Public Defender Offices model piloting (01-06/2018)  tutoring  lawyer’s file revision (if agreed by a client)

2) Legal Aid Communication Platforms (to be launched by the end of 2017 in 5 largest cities of Ukraine)

 best practices collection and dissemination  trainings and HR capacity development

3) Standards in civil / administrative cases introduction (already development, to be implemented in 2018)

4) Standards for primary legal aid development 5) Doubled remuneration for lawyers for legal aid cases (since 01.01.2018)


Thank you for your attention!

www.legalaid.gov.ua info@legalaid.gov.ua


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