Publication date: 15.07.2024
Legal assistance to foreigners in Ukraine
Introduction.
Foreigners staying in Ukraine may face various legal issues and problems that require professional legal assistance. Legal aid is an important tool for ensuring the rights and freedoms of foreigners, protecting their interests and effectively resolving legal conflicts. In this article, we will review the main aspects of legal aid to foreigners in Ukraine, including the types of legal services, the rights and obligations of lawyers, the specifics of providing assistance to foreigners in various areas of law, as well as court practice and examples of real cases.
Legal framework
The legal framework governing the provision of legal aid in Ukraine includes the Constitution of Ukraine, the Law of Ukraine "On the Bar and Practice of Law", the Criminal Procedure Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Administrative Procedure of Ukraine, as well as international treaties to which Ukraine is a party. These acts define the rights and obligations of advocates, the procedures for providing legal aid, guarantees of independence of advocates and mechanisms for protecting the rights of foreigners.
Types of legal services for foreigners
Legal aid to foreigners in Ukraine may include various types of services, including
Consultations and legal assistance: Lawyers provide advice on legal issues of interest to foreigners, help them understand Ukrainian legislation, assess legal risks and find the best ways to solve legal problems.
Representation in court and other bodies: Attorneys represent foreigners in courts, law enforcement agencies, state and local authorities, as well as in private institutions. They prepare and file procedural documents, appear in court hearings, and protect the rights and interests of clients.
Defencein criminal cases: Lawyers provide legal assistance to foreigners who are suspects, accused or defendants in criminal cases. This includes participation in investigative actions, defence in court, preparation of appeals and cassation appeals.
Support in migration matters: Attorneys assist foreigners in resolving migration issues, including obtaining residence permits, citizenship, resolving disputes with the State Migration Service, and appealing against deportation decisions.
Legal support for business: Attorneys provide legal assistance to foreign investors and entrepreneurs, including setting up and registering companies, drafting and analysing contracts, representation in commercial disputes, and tax advice.
Resolving family and inheritance cases: Attorneys assist foreigners in resolving family issues (divorce, division of property, alimony) and inheritance disputes (inheritance registration, resolution of conflicts between heirs).
Rights and obligations of advocates
The Law of Ukraine "On the Bar and Practice of Law" defines the rights and obligations of attorneys, which are important for ensuring proper legal assistance to foreigners. The basic rights of advocates include:
Theright to practice law: Advocates have the right to provide legal aid, represent clients in court and other bodies, and perform other actions provided for by law.
Theright to protection of professional secrecy: The information received by the advocate from the client is confidential and cannot be disclosed without the client's consent. This right ensures trust between the advocate and the client.
Theright to independence: The advocates shall be independent in their activities and shall not be subordinated to any authorities or officials. This right ensures the objectivity and impartiality of legal aid.
The main duties of lawyers include:
Duty to comply with the law: Advocates are obliged to act in accordance with the Constitution and laws of Ukraine, to comply with ethical standards and rules of practice.
Duty toprotect the rights and freedoms of clients: The advocates shall protect the rights and interests of clients by all means not prohibited by law, provide qualified legal aid, and inform clients about their rights and obligations.
Duty to maintain the professionalsecrecy: Advocates must keep information received from clients confidential, not disclose it without the consent of the clients, and ensure the protection of information from unauthorised access.
Peculiarities of providing legal aid to foreigners
Provision of legal aid to foreigners in Ukraine has its own peculiarities that should be taken into account by lawyers:
Language barrier: Foreigners often do not speak Ukrainian, which complicates communication and understanding of legal procedures. Attorneys should ensure that documents are translated and that an interpreter is present during meetings and court hearings.
International nature of cases: Foreigners may be involved in legal disputes of an international nature, which requires knowledge of international law and its application. Lawyers must take into account the peculiarities of the legal systems of other countries and international treaties.
Consular assistance: Foreigners have the right to consular assistance from their country, which involves the interaction of lawyers with consular institutions. This is important to ensure additional protection of the rights of foreigners and provide them with comprehensive legal assistance.
Court practice
Judicial practice is an important source of information about real cases of providing legal aid to foreigners in Ukraine. Here are some examples of court cases:
The case of deportation of a foreigner
In this case, the lawyer represented the interests of a foreigner who faced deportation for violating migration laws. The lawyer appealed the deportation decision in court, provided evidence of the legality of the client's stay in Ukraine and arguments for the need to keep him in the country. The court, having taken into account the evidence provided, found the deportation decision to be unjustified and upheld the lawyer's claim.
A labour dispute case
In this case, the advocate represented the interests of a foreign employee who appealed against his unlawful dismissal. The lawyer prepared and filed a lawsuit, provided evidence of the employer's violation of labour laws, in particular, the lack of proper justification for the dismissal and non-payment of wages. The court found the dismissal unlawful, ordered the employer to reinstate the employee and pay compensation.
Family dispute case
In this case, the lawyer represented the interests of a foreigner in a dispute over divorce and division of property. The lawyer prepared and filed a lawsuit, provided evidence of cohabitation and acquisition of property during the marriage, as well as arguments for a fair division of property. The court found the claim to be substantiated and decided to divide the property in accordance with the law.
Conclusion.
Legal assistance to foreigners in Ukraine is an important tool for ensuring their rights and freedoms, protecting their interests and effectively resolving legal conflicts. Foreigners have the right to various types of legal services, including consultations, representation in court, defence in criminal cases, migration support, legal support for business, and resolution of family and inheritance cases.
Ensuring the rights of foreigners in criminal proceedings is an important aspect of Ukraine's legal system, which aims to comply with international human rights standards and ensure a fair trial. Foreigners have the same rights and obligations as Ukrainian citizens and can rely on the protection of their rights in case of violation. An important element is the further improvement of legislation and its application to ensure an effective and fair criminal process, which will contribute to the strengthening of the rule of law and increase confidence in the judicial system of Ukraine.
It is important for lawyers to take into account the peculiarities of providing assistance to foreigners, including the language barrier, the international nature of cases, and the right to consular assistance. Court practice shows that legal aid is effective in resolving various legal issues and protecting the rights of foreigners in Ukraine.
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