Publication date: 27.05.2024
Clarification of the grounds for termination of the provision of free secondary legal aid.
Introduction
Free legal aid is an important component of the legal system of Ukraine, providing access to justice for socially vulnerable sections of the population. The Law of Ukraine "On Free Legal Aid" regulates the procedure for providing such aid and determines the grounds for its termination. However, the current wording of Article 23 of this Law needs to be clarified to more clearly define the grounds for terminating the provision of free secondary legal aid.
Analysis of current legislation
Law of Ukraine "On Free Legal Aid"
Article 23 of the Law of Ukraine "On Free Legal Aid" defines the grounds for terminating the provision of free secondary legal aid.
Currently, these grounds include:
Expiration of the contract on the provision of free secondary legal aid.
Performance of the task provided for in the contract.
Refusal of the recipient from free secondary legal aid.
Other grounds provided by law.
Problems of the current edition
The current wording of Article 23 contains certain gaps and inaccuracies that may lead to an ambiguous interpretation of the grounds for the termination of assistance. In particular, the wording "other grounds provided for by law" is too general and may cause difficulties in practical application.
Suggestions for changes
Clarification of grounds for termination
It is proposed to amend Article 23 of the Law of Ukraine "On Free Legal Aid", clearly defining additional grounds for terminating the provision of free secondary legal aid. These may be the following reasons:
Non-fulfillment by the recipient of the obligations stipulated by the contract on the provision of free secondary legal aid.
Establishing the fact of providing unreliable information by the recipient, which is the basis for obtaining free secondary legal assistance.
A change in the financial or family status of the recipient, which leads to the loss of the right to free secondary legal aid.
Death of the recipient or declaration of his death.
Other grounds established by a court or authorized body decision.
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Introduction of the appeal mechanism
It is proposed to supplement Article 23 with a provision providing for the possibility of appealing the decision to terminate the provision of free secondary legal aid. This will provide additional guarantees for the protection of the rights of recipients of such assistance.
Setting the notice period
It is proposed to establish terms for notifying the recipient of the termination of the provision of free secondary legal aid. Such notification must be made no later than 10 working days before the date of termination of assistance.
Conclusion
Amending Article 23 of the Law of Ukraine "On Free Legal Aid" to clarify the grounds for terminating the provision of free secondary legal aid is necessary to ensure the clarity and transparency of this process. This will contribute to the protection of the rights of aid recipients and increase the efficiency of the system of free legal aid in Ukraine.
