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Lawyer 356 CCU Self-Government

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Publication date: 24.05.2024
Reading time: 8 minutes
Number of views: 206
Stage Term (days) Cost
  • 1
    Written legal analysis
    2 UAH 13,680.00
    • A description of the situation, which disturbs the legal analysis, is carried out. 
    • The circumstances of the case, the presence or absence of documents relevant to the situation are established. 
    •  A full oral communication is conducted in order to establish all the necessary circumstances of the case. 
    • The client's expectations regarding the results of service provision are established. 
    • An analysis of the current legislation that regulates the problem is carried out. 
    • An analysis of judicial practice regarding this issue is carried out. 
    • The lawyer's personal experience in solving such or similar problems is described. 
    • The conclusion is described, in which a conclusion is given regarding the impossibility of solving the problem or ways to solve the problem. 
    • Each way to solve the problem is described separately and is formed in the form of a table indicating the specific actions of the specialist, the term of the service as a whole and each stage separately (if the service consists of stages), the result of the provision of the service or stage, as well as the price of the service or stage.
In general
2 UAH 13,680.00

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Self-righteousness: legal aid

In everyday life, there are situations when people try to resolve a conflict on their own, resorting to actions that go beyond the legal means of protecting their rights. Self-righteousness is exactly such a situation. According to Article 356 of the Criminal Code of Ukraine, liability arises when a person arbitrarily, without the appropriate permission or decision of a competent authority, resolves a legal issue - even if he considers his actions justified.
 

In such cases, legal aid may be needed by both the person accused of a violation and the person who suffered from self-righteous actions. In any case, a lawyer is an ally in ensuring legality, justice and a balance of interests.

 

Legal stages in cases of self-righteousness

The process of defense or representation in cases under Art. 356 of the Criminal Code of Ukraine includes a number of mandatory steps, each of which requires legal awareness:

  • Preliminary analysis of the situation and determination of the legal position: At this stage, the lawyer conducts an initial meeting with the client, clarifies the chronology of events, checks the available documents, records and testimonies. It is determined whether there are grounds for criminal prosecution or, conversely, for filing a statement about committing self-righteous acts. The specialist also assesses the risks and forms response options: defense, reconciliation, initiation of investigative actions.
  • Interaction with investigative bodies and participation in procedural actions: If criminal proceedings are opened, the lawyer is involved in each stage: interrogations, presentation of suspicion, investigative experiments, examinations. In the case of participation in the status of a victim's representative - prepares complaints, petitions, monitors the client's procedural rights and ensures their implementation. This is especially important, since a minor deviation from the procedure can significantly affect the further consideration of the case.
  • Collection, analysis and submission of evidence: In parallel with the investigation, the lawyer organizes his own work with evidence: searches for witnesses, conducts a legal analysis of documents, prepares requests, forms a line of defense or justification of the accusation. He also identifies possible gaps in the work of investigative bodies or abuse of rights by opponents.
  • Trial and legal representation: At this stage, the lawyer provides comprehensive support: forms and voices the client's position, interrogates witnesses, presents evidence. If necessary - challenges procedural decisions, files appeals or cassation complaints. In the case of signing a plea agreement or reconciliation - prepares its text and agrees with all parties.

A comprehensive approach to each of these stages allows you to build a competent strategy, minimize risks and achieve the desired result.

 

Conditions for providing legal assistance in self-defense

A lawyer can start working on a case if several basic conditions are met:

  1. The presence of criminal proceedings or grounds for initiating proceedings: If self-defense actions have already become the subject of an investigation or the client has reasonable grounds to believe that his rights have been violated - legal assistance is appropriate and relevant. In some cases, the client seeks a legal assessment even before official proceedings - in such a situation, the lawyer helps to correctly file a statement, avoid escalation or proactively protect rights.
  2. Providing the client with reliable information and documents: The lawyer will be able to act effectively only when he has a complete picture of the events. It is important to provide documents, testimonies, video or audio recordings (if available). Even details that at first glance seem unimportant can significantly affect the outcome of the case. Openness and honesty are the key to quality assistance.
  3. Conclusion of a legal aid agreement: Formalization of relations is an important step to guarantee legal responsibility and protection of both parties: the lawyer and the client. This form of interaction eliminates misunderstandings and allows you to avoid ambiguities in the course of cooperation.

These conditions allow you to build effective interaction and achieve the most positive result.

 

Advantages of contacting a lawyer under Art. 356 of the Civil Code

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Neutral and professional approach: The lawyer is not emotionally involved in the conflict, which allows him to make balanced legal decisions and act exclusively within the law.

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Understanding the nuances of the criminal process: Self-government is a specific category of cases where it is important to subtly distinguish an offense from a civil dispute. A lawyer will help build the right line of conduct.

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Defense or representation of interests in court: A lawyer is not only a consultation, but also a full-fledged participation in the process, including defense or filing a lawsuit in the interests of the injured party.

 

Frequently asked questions about Article 356 of the Criminal Code of Ukraine

Question

How long does the process usually last?

Answer

The duration of the process for arbitrariness (Article 356 of the Criminal Code of Ukraine) depends on the circumstances of the case, but usually takes from several months to a year, taking into account the pre-trial investigation and trial.

Question

What are the chances of success in the case?

Answer

The chances depend on the evidence: for the victim - if there is confirmation of illegal actions, for the accused - if he proves the legality of his actions. Everything is decided by the evidentiary base.

Question

The amount of significant damage in arbitrariness?

Answer

The amount of significant damage in arbitrariness (Article 356 of the Criminal Code of Ukraine) is not clearly defined in the law, therefore it is assessed individually, taking into account the circumstances of the case. Both material damage (for example, the value of property exceeding the subsistence minimum) and non-material damage (moral damage, restriction of the right of ownership or use, disruption of the operation of the enterprise) can be considered significant.

 

Cost of legal assistance in self-defense

The price of supporting a case under Art. 356 of the Criminal Code of Ukraine may vary depending on several factors. First, the complexity of the case plays an important role - the number of defendants, the volume of evidence, the stage of consideration. Secondly, urgency matters - in some cases, defense or representation requires an immediate response. The amount of work is also taken into account: participation in investigative actions, preparation of documents, representation in court, etc. A preliminary analysis of the case allows you to assess the scale of the work and offer a transparent payment system.

 

Conclusion

Self-government is not just a domestic conflict, but a criminally punishable act that requires a balanced and professional approach. In such cases, every detail matters: both for the person accused and for the person who considers himself a victim. Involving a lawyer is a way to act within the legal framework, avoid procedural errors and achieve justice. Regardless of your role in the case, legal aid is a tool that will help you protect your interests legally.

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