Publication date: 08.07.2024
The procedure for obtaining free legal aid in Ukraine
Introduction
Free legal aid is an important element of ensuring the rule of law and access to justice for all citizens. In Ukraine, free legal aid is provided within the framework of the state legal aid system, which is designed to ensure equal access to legal services, especially for socially vulnerable groups of the population. In this article, we will look at the legal framework, the procedure for obtaining free legal aid, the categories of persons entitled to it, and practical advice for citizens.
Legal framework
The procedure for providing free legal aid in Ukraine is regulated by a number of legal acts:
- TheConstitution of Ukraine guarantees the right to legal aid to every citizen.
- TheLaw of Ukraine "On Free Legal Aid" - defines the legal and organisational framework for the provision of free legal aid in Ukraine.
- TheResolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Providing Free Legal Aid" establishes specific procedures for providing free legal aid.
Types of free legal aid
1. Primary legal aid
Primary legal aid includes the following types of services:
- Provision of legal information: Explanation of legal norms and provisions of legislation.
- Consultations and clarifications on legal issues: Providing advice on legal issues, assistance in solving legal problems.
- Preparation ofapplications, complaints and other legal documents: Assistance in drafting documents required for applying to state authorities, local governments, courts, etc.
2. Secondary legal aid
Secondary legal aid includes the following types of services:
- Defencein criminal cases: Representation and protection of the interests of persons in criminal proceedings.
- Representation of interests in courts and other bodies: Protection of the rights and interests of individuals in courts, state authorities, local self-government bodies, etc.
- Drafting ofprocedural documents: Assistance in drafting lawsuits, appeals and cassation appeals, and other procedural documents.
Categories of persons entitled to free legal aid
The following categories of persons are entitled to free legal aid:
- Low-income citizens: Persons whose income does not exceed the subsistence minimum established by law.
- Persons withdisabilities: Persons with disabilities who are entitled to social assistance.
- Participants of hostilities: War veterans, combatants and members of their families.
- Orphans and children deprived of parental care: Children who have been left without parental care.
- Victims of violence: Persons who have suffered from domestic violence or other types of violence.
- Persons with refugee status: Refugees and asylum seekers in Ukraine.
Procedure for obtaining free legal aid
1. Applying to a free legal aid centre
In order to receive free legal aid, you must apply to one of the free legal aid centres. These can be:
- Local secondary legal aid centres: Centres that provide secondary legal aid, including representation in courts.
- Legal aid bureaus: Offices that provide primary legal aid and can refer to a local centre for secondary legal aid.
2. Preparing and submitting an application
In order to receive free legal aid, an application must be submitted to the relevant centre. The application must contain:
- Personal data of the applicant: Name, address, contact details.
- Description of the legal problem: A brief summary of the essence of the issue or problem with which the applicant is addressing.
- Category of the applicant: Indication of the category to which the applicant belongs (low-income, disabled, veteran, etc.).
The application must be accompanied by documents confirming the right to free legal aid (income certificate, certificate of disability, certificate of refugee status, etc.)
3. Consideration of the application
After submitting the application, the free legal aid centre considers it and makes a decision on the provision of legal aid. This may include:
- Analysis of documents: Checking the documents confirming the applicant's right to free legal aid.
- Consultations with the applicant: Clarifying the details of the legal problem and providing initial advice.
4. Provision of legal aid
After the decision to provide legal aid is made, the centre ensures its provision:
- Primary legal aid: Providing consultations, explanations, assistance in drafting documents.
- Secondary legal aid: Appointment of an attorney or lawyer to represent the applicant's interests in courts and other bodies, drafting procedural documents, etc.
Practical advice for citizens
1. Familiarise yourself with the legal framework
Before applying for free legal aid, read the main provisions of the Law "On Free Legal Aid" to know your rights and obligations.
2. Prepare the necessary documents
Prepare all the necessary documents confirming your right to free legal aid in advance. This will speed up the process of considering your application.
3. Apply to the nearest centre
Find the nearest free legal aid centre or legal aid office and apply there. You can find the contact details of the centres on the official websites of the Ministry of Justice of Ukraine or regional departments.
4. Consult with experts
Do not hesitate to consult with the specialists of the free legal aid centres on all issues that arise in the process of preparing and submitting an application.
Conclusion.
Free legal aid is an important tool for protecting the rights of citizens and ensuring access to justice. Ukraine has a system of free legal aid centres that provide primary and secondary legal aid to low-income citizens, disabled people, veterans, orphans, victims of violence and other categories of people. It is important to know your rights, prepare the necessary documents and apply to the relevant centres to receive qualified legal assistance.
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