Experience of Legal Aid Reform in Ukraine Andriy VYSHNEVSKY Director of the Centre for Legal Reform and Law Drafting under the Ministry of Justice of Ukraine.

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Presentation transcript:

Experience of Legal Aid Reform in Ukraine Andriy VYSHNEVSKY Director of the Centre for Legal Reform and Law Drafting under the Ministry of Justice of Ukraine Vienna 23 April 2012

FREE LEGAL AID IN UKRAINE: CHRONOLOGICAL DIMENSION since 1991 Non-special laws such as “On Childhood Protection”, “On Status of Veterans of War and Their Social Safeguards”, “On Rehabilitation of Victims of Political Repressions in Ukraine” etc Constitutio n of Ukraine (Article 59) 2006 Concept of Establishin g of Free Legal Aid System in Ukraine since 2006 Pilot projects on establishing of experimental centres for legal aid in 3 cities Kharkiv, Khmelnytski y and Bila Tserkva 2 nd June 2011 Special Law of Ukraine “On Free Legal Aid” is adopted Ukraine acceded to the Convention for the Protection of Human Rights and Fundamenta l Freedoms (1950) 1997

PRIMARY FREE LEGAL AID (Access to law) Services Legal information providing Support in access to secondary legal aid and mediation Consulting on legal issues Support in drafting applications, complaints and other legal documents (except procedural documents) Aid providers Bodies of executive power Self-governmental bodies Lawyers and legal persons of private law Specialised agencies Aid recipients All persons under the jurisdiction of Ukraine

SECONDARY FREE LEGAL AID (Access to justice) Services Defence against the prosecution Representation of interests of persons in court, public bodies, before other persons Drafting procedural documents Aid providers Centres for free secondary legal aid Advocates who provide free secondary legal aid on permanent and temporary basis Aid recipients Low-income persons Disabled persons Orphan children Homeless children Children suffered from violence Veterans of war, victims of political repressions Persons detained in administrative or criminal- procedural order Persons suspected in crime commitment, detained by inquiry and investigation bodies If participation of defender is obligatory

INSTITUTION FRAMEWORK OF FREE LEGAL AID SYSTEM 2012 Co-ordination Centre for Free Legal Aid 27 regional centres 2 experimental inter- district centres inter-district centres centres in regional cities Kyiv Zhytomyr Rivne Lutsk Lviv Uzhgorod I-Frankivsk Ternopil Chernivtsi Khmelnytski y Vinnytsya Cherkasy Odesa Simferopo l Kherson Mykolaiv Kirovohra d Chernihiv Sumy Poltava Kharkiv Luhansk Donetsk Zaporizhy a Dnipropetrovsk Sevastopol Ministry of Justice is responsible for general management of the system UKRAINE Area : 603,628 km2 Population : 45.6 million In 2010: Ab persons suspected in crime commitment Ab detained in administrativ e order

THE FIRST ADVOCATES COMPETITIVE SELECTION 1 st stage 2 nd stage 3 rd stage Examination of documents submitted by about 800 advocates-applicants (23 April 2012) Anonymous written test (7 May 2012) Interviewing (14-21 May 2012)

NEW ADVOCATES REMUNERATION SYSTEM Adopted by the Government of Ukraine on 18 April 2012 Number of co-accused in a case Remuneration is based upon the system of coefficients that reflect specific features of a case Remuneration depends upon the time of legal services providing and it is 2.5 % of minimal salary stated by law per hour For services provided to persons detained in administrative or criminal-procedural order For criminal cases Phase of proceeding Number of episodes Gravity of a crime Other factor of case complexity (taking into custody, specific categories of defendants etc.)

LEGAL AID REFORM AS AN INTEGRAL PART OF CRIMINAL JUSTICE REFORM New Criminal Procedural Code Law of Ukraine “On Free Legal Aid” Draft Law of Ukraine “On the Bar and Advocate Professional Activities”

CONTACT INFORMATION ANDRIY VYSHNEVSKY Ministry of Justice of Ukraine Director of the Centre for Legal Reform and Law Drafting 73 Artema Str., 04053, Kyiv, Ukraine Tel.: Fax: