lawyer

#Ukraine Introduces Free Legal Aid for All

Kyiv, November 14, 2012. Starting January 1 st. 2013, any person facing criminal legal charges in Ukraine will be entitled for free legal aid. A network of centers taking up pro bono cases has been set up in all regions of the country and in the cities of Kyiv and Sevastopol. Immediately upon detention, law enforcement agency must inform the respective legal aid center about the case. The center has one hour to assign a lawyer.

Additionally, it is allowed to apply for legal aid directly. The centers are obliged to come up with a decision regarding each case within ten days. The initial network of 27 centers will be extended by adding new centers in more regional and city offices. The work of the centers is funded by the state and local budgets, as well as other sources. For example, the International Renaissance Foundation sponsored an office in Khmelnytskyi, informs zib.com.ua .

The new arrangement in the legal aid system in Ukraine resulted from the introduction of a state program aimed at the development of free legal aid network in 2013-2017. According to the Law of Ukraine On Free Legal Aid , Ukrainian and foreign citizens, as well as refugees, have the right to free primary legal aid, as well as free secondary legal aid in certain cases, e.g. when unable to pay for a lawyer.

Primary legal aid includes providing legal information and consultations, drafting petitions, complaints, etc. as well as assisting in gaining access to secondary legal aid and mediation. Secondary legal aid includes preparation of procedural documents and court representation of client s interests.

In addition, recently Ukraine issued the new Criminal Code and continued its efforts in furthering judicial reform. Adopted in May 2012, the new Code comes into force on November 1, 2012. It provides for equal opportunities for each party in the criminal proceedings, for proceedings to be based on the principle of competitiveness, introduces the jury court, and limits the use of imprisonment penalty.

Introduced in 2010, the judicial reform limited the duration of the court proceedings, provided for salary increase for judges, improved their legal status, and introduced random assigning of a case to a judge. Additionally, in September 2012, the President of Ukraine signed a new law regulating prosecution. The document allows for limiting the rights of a prosecutor, preventing the violation of human rights.