The Council of Europe assess the legal aid system in Ukraine: conclusions and recommendations

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On 15 September 2016 the results of the Assessment of the Free Secondary Legal Aid (FSLA) System of Ukraine in the Light of Council of Europe Standards and Best Practices were presented. The assessment noted the system’s significant achievements, accomplished within the relatively short period of five years since the system began functioning. Recommendations for further improvement and cooperation with other members of the justice system have been submitted.

During an opening session the Head of the Council of Europe Office in Ukraine Mr Mårten Ehnberg stated: "Legal aid is an essential element of a fair and effective justice system, based on the protection of human rights and the rule of law. This is the basis to increase access to justice within the right to a fair trial, as enshrined in Article 6 of the European Convention on Human Rights and Fundamental Freedoms. Therefore, the introduction of mechanisms to improve the quality and availability of legal assistance guaranteed by the state is very important."

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Role of Legal Aid Bureaus

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Legal Aid Bureaus represent an active network intended to facilitate the active distribution of legal information and the provision of access to legal advice at the level of territorial communities and among socially vulnerable community groups.

The operation of the Legal Aid Bureaus will focus upon the following objectives:

• Improving the legal awareness of citizens living in rural areas and small towns;
• Promoting the pre-trial settlement of civil and administrative dispute, by consequence serving to decrease strain on the judicial system (courts);
• Minimizing risks of restricting access to law and justice for the most socially vulnerable community groups that may arise as a result of the introduction of the exclusive right of lawyers for representation in court and due to the lack of lawyers in rural areas and small towns;
• Reducing domestic violence and discrimination, and promoting crime prevention, especially among minors;
• Promoting legal empowerment and improving the legal opportunities of territorial communities;
• Improving the involvement/engagement of territorial communities in the activities of local self-government;
• Ensuring prompt and up-to-date communication to territorial communities about the essence of Government reforms implemented in education, healthcare, social and other policy/programming areas; and
• Preventing corruption at the local/grassroots level.

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ANNOUNCEMENT. Overcoming corruption, preventing tortures and human rights violations: Legal Aid Ukraine experience

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On March 17th, at 2:00 p.m. in America House Kyiv (Kyiv, Pymonenko str., 6) in presentation and discussion with Andriy Vyshnevsky (Director of Coordination Centre for Legal Aid Provision, MoJ) – in details about the experience of Legal Aid Ukraine system in overcoming corruption, preventing tortures and human rights violations, as well as further developments in order to ensure legal empowerment of local communities.

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Pavlo Petrenko: "The Government has supported the establishment of legal aid bureau offices of the Ministry of Justice throughout Ukraine"

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The Cabinet of Ministers adopted a decree, thereby launching the process of an initiative to set up across the country 428 legal aid bureau offices of the Ministry of Justice of Ukraine which was presented by the Minister of Justice Pavlo Petrenko. It became known about on 11 January 2016 on the results of the Government meeting.

According to the website of the Ministry of Justice of Ukraine, the decree provides for the elimination of 586 territorial bodies of the Ministry of Justice at the district and city level and in the regional centers and establishment in district and regional centers of 428 legal aid bureau offices to provide Ukrainian citizens with legal protection and to ensure access to e-services opened by the Ministry of Justice.

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Lawyer from Odessa proved that accused of murder defended himself to save his and child’s lives

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The resident of Odessa, Alexander* was accused of premeditated murder for self-defense. Due to the professional work of the lawyer of the legal aid system Iryna Kazaryan the actions by the accused were shifted from a very serious crime to a minor offense.

On September 19, 2015 at night four drunken men broke into Alexander’s apartment and they started fighting. When trying to defend himself and his son Alexander had to resist the attackers. During the fight he grabbed a knife and stabbed one of the "guests" into the abdominal cavity. The blow caused the attacker’s death.

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