Publication date: 08.07.2024
Protection of citizens' rights when receiving legal aid
Introduction
Ensuring access to legal aid is one of the basic principles of the rule of law. Every citizen has the right to receive qualified legal aid to protect their rights and interests. In Ukraine, there is a system of free legal aid that provides legal services to socially vulnerable groups of the population. In this article, we will look at the mechanisms for protecting the rights of citizens when receiving legal aid, the legal framework, procedures for applying for and receiving aid, and recommendations for citizens.
Legal framework
The procedure for providing legal aid in Ukraine is regulated by the following key 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.
- TheCode of Professional Ethics for Attorneys - establishes ethical standards and rules of conduct for attorneys providing legal aid.
- Resolutions of the Cabinet of Ministers of Ukraine - regulates specific aspects of legal aid provision.
Types of 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.
Protection of citizens' rights when receiving legal aid
1. The right to free legal aid
Citizens belonging to socially disadvantaged groups are entitled to free legal aid. This includes low-income citizens, disabled persons, veterans, orphans, victims of violence and other persons specified by law.
2. The right to quality legal aid
Citizens have the right to receive quality legal aid that meets the established standards. Lawyers and advocates providing legal aid must adhere to the norms of professional ethics, be competent and perform their duties in good faith.
3. The right to confidentiality
All data and information provided by citizens while receiving legal aid shall be kept confidential. Advocates and lawyers are obliged to keep information received from clients confidential and not to disclose it without the client's consent.
4. The right to independent defence
Lawyers and advocates shall carry out their activities independently of any external pressure or influence. Citizens shall have the right to defend their interests without interference.
5. The right to be informed
Citizens have the right to full information about their rights and opportunities to receive legal aid. They should be informed about all stages of the legal aid process, about their rights and obligations, as well as about the possible consequences of making certain decisions.
The procedure for applying for legal aid
1. Applying to a free legal aid centre
To receive legal aid, you need to contact one of the free legal aid centres. These can be local centres for free secondary legal aid or legal aid bureaus.
2. Submitting an application
To receive legal aid, you must submit an application to the relevant centre. The application must contain the applicant's personal data, a description of the legal problem and the applicant's category. 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 an application, the free legal aid centre considers it and makes a decision on whether to provide legal aid. This may include analysing the documents, consulting with the applicant and determining the form of legal aid.
4. Provision of legal aid
After the decision to provide legal aid is made, the centre provides it. This can be primary legal aid in the form of consultations, explanations, assistance in drafting documents or secondary legal aid in the form of representation in courts and other bodies, drafting procedural documents, etc.
Rights and duties of advocates and lawyers
1. Rights of lawyers and attorneys
- Theright to independence: Advocates and lawyers have the right to carry out their activities independently of any external pressure or influence.
- The right toaccess to information: Lawyers and advocates have the right to receive the necessary information and documents for the provision of legal aid.
- Theright to professional secrecy: Lawyers and advocates shall have the right to keep confidential information received from clients.
2. Duties of advocates and lawyers
- Compliancewith professional ethics: Lawyers and advocates shall adhere to the norms of professional ethics, be competent and perform their duties in good faith.
- Ensuring the quality of legal aid: Lawyers and attorneys shall provide quality legal aid that meets the established standards.
- Maintainingconfidentiality: Lawyers and advocates are obliged to keep information received from clients confidential and not to disclose it without the client's consent.
Practical advice for citizens
1. Familiarise yourself with the legal framework
Before applying for 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. The contact details of the centres can be found on the official websites of the Ministry of Justice of Ukraine or regional departments.
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