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On Free Legal Aid

Original Language Title: Про безоплатну правову допомогу

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C A C U A TO R S
Free legal assistance
(Information of the Verkhovna Rada of Ukraine (VR), 2011, N 51, pp. 577)
{With changes under the Laws
N 3671-VI ( 3671-17 ) from 08.07.2011, VR, 2012, N 16, pp. 146
Code
N 4651-VI ( 4651-17 ) from 13.04.2012, VR, 2013, N 9-10,
N 11-12, N 13, pp. 88
Laws
N 4652-VI ( 4652-17 ) by 13.04.2012, VR, 2013, N 21, pp. 208
N 5076-VI ( 5076-17 ) from 05.07.2012, VR, 2013, N 27, pp. 282
N 5290-VI ( 5290-17 ) from 18.09.2012, VR, 2013, N 41, pp. 549
N 726-VII ( 726-18 ) from 16.01.2014, VR, 2014, N 22, pp. 806-
lost the validity of the Act N 732-VII ( 732-18 )
from 28.01.2014, VR, 2014, N 22, pp. 811
N 733-VII ( 733-18 ) from 28.01.2014, VR, 2014, N 22, pp. 812
N 1697-VII 1697-18 ) from 14.10.2014, VR, 2015, N 2-3, pp. 12}

This Act according to the Constitution of Ukraine 254k/96-PL )
determine the content of the right to free legal assistance, order of
the realization of this right, the basis and order of the granting of the
Legal Aid, State Guarantees for the Granting of
Legal aid.
Section I
GENERAL PROVISIONS
Article 1. Term Definition
1. In this Act, the terms below are used in this respect.
value:
1) free legal assistance-legal aid, which
guaranteed by the state and fully or partly provided for
The funds of the State Budget of Ukraine, local budgets and
Other sources;
(2) Legal representatives, parents, and adopers,
the foster parents, adoptive parents, patronizing educators,
Guardians, trustees, representatives of the institutions that perform
The functions of guardians and trustees;
3) legal assistance-provision of legal services aimed at
ensuring the realization of the rights and freedoms of the person and the citizen,
protection of these rights and freedoms, their recovery in case of a violation;
(4) Legal services-providing legal information,
Consultations and reports on legal matters; statement of statements,
Complaints, procedural and other documents of legal nature;
Exercise of the representation of interest in persons in courts, other public
Organs, local governments, before others;
ensuring the protection of the person against the prosecution; providing special
assistance in providing access to the secondary legal
Help and Media.
Article 2. Scope of the Act
1. This Act governs rights in the provision of
Free legal assistance to the subject of the right to free
the primary legal assistance and subject of the right to the abyss
Secondary legal assistance established by this Act.
2. Method of providing free legal assistance to the physical
Persons at charity are physical and legal entities that
engage in charitable activities alone or together with
associated with charities, are regulated by the
legislation and statutes of these organizations.
Article 3. Right to free legal assistance
1. Right to free legal assistance-guaranteed
Constitution of Ukraine 254k/96-PL ) possibility of a citizen
Ukraine, a foreigner, a person without citizenship, including a refugee or
person who needs additional protection, get in full
free primary legal assistance, as well as the possibility of a certain
categories of persons to receive free secondary legal assistance in the
The cases stipulated by this Act. {Part of the first article 3 with changes made under the Act
N 5290-VI ( 5290-17 ) 18.09.2012}
Article 4. Guarantees of non-discrimination in access to
Non-payment legal aid
1. Under the realization of the right to free legal assistance
allowed to apply privileges or restrictions to persons under
signs of race, skin color, political, religious and other
beliefs, gender, ethnic and social background, locations
a residence, by language or other signs.
Article 5. Principles of public policy in the provision of
Non-payment legal aid
1. State policy for the provision of unpaid legal
Assistance is based on the following principles:
(1) The rule of law;
(2) Legality;
(3) Accessibility of free legal assistance;
(4) To ensure the quality of irrefutable legal assistance;
5) guaranteed government funding.
Article 6. The Law of Ukraine
Assistance
1. Question of providing free legal assistance in Ukraine
are governed by the Constitution of Ukraine ( 254k/96-PL ), by this Act,
other laws of Ukraine, international treaties of Ukraine,
The duty of which is provided by the Verkhovna Rada of Ukraine.
Article 6-1. Legal assistance system
1. Prior to the system of non-payment legal assistance are:
(1) Coordinating Centre for the Granting of Legal Assistance;
(2) The subject of the provision of unpaid primary legal assistance;
(3) The subject of the provision of unpaid secondary legal assistance.
{Section I complemented by Article 6-1 under the N 1697-VII Act
( 1697-18 ) From 14.10.2014}
Chapter II
PROVIDING FREE PAYMENT
PRIMARY LEGAL ASSISTANCE
Article 7. The notion of irrefutable primary legal aid
1. Bezos primary legal aid-a kind of state
The guarantee that lies in the informing of the person about its rights and freedoms,
order of their implementation, recovery in case of their violation and
order of appeal decisions, actions or inactivity of state bodies
authorities, local governments, officials and civil servants;
People.
2. The free primary legal assistance includes the following
Legal Services:
(1) Providing legal information;
(2) Providing advice and explanations on legal matters;
(3) making statements, complaints and other documents of legal
Nature (except for procedural documents);
4) assist in ensuring the access of the person to the secondary
Legal aid and mediation.
Article 8. Subject to the right to free primary legal
Assistance
1. Right to free primary legal assistance in accordance with
Constitution of Ukraine 254k/96-PL ) and this Act has all
persons who are under the jurisdiction of Ukraine.
Article 9. Subject to the provision of an irrevocable primary legal
Assistance
1. By the subjects of the provision of unpaid primary legal assistance
In Ukraine there is:
1) the authorities;
(2) Local Government bodies;
(3) Physical and legal persons of private law;
4) specialized agencies.
Article 10. Order of review for non-payment
Primary legal aid
1. Appeal for one of the legal services
predicted part of the second article 7 of this Act is sent to
or are given by individuals who have reached adulthood directly to
the central and local executive bodies, territorial
bodies of central executive bodies and local authorities
self-government according to their competence.
2. Appeal for one of the legal services
predicted part of the second article 7 of this Act relating to the
children, are sent or served by their legal representatives.
3. Appeal for one of the legal services
predicted part of the second article 7 of this Act relating to the
persons recognized by the court by the incapacitated, or the effectiveness of which are limited
the courts are sent or served by their guardians or guardians.
4. Executive authorities and local governments
in case of a written address of persons about giving any of the species
legal services provided by the second article 7 of this
Law, on issues attributed to their authority, are required.
provide such services for 30 calendar days from the day of the entry
Appeal.
5. If a person only has a request for
relevant legal information, such legal assistance is provided
not later than the fifteen-day deadline of receiving an appeal.
6. Executive authorities and local authorities
self-government is prohibited to set fees for the
any of the kinds of legal services predicted by part two
Article 7 of this Law, and for the issuing of persons to the forms of statements,
requests, added, other submission documents
legislation to implement the rights and freedoms of the person and of the citizen.
7. If the questions violated in the appeal do not belong to
the competence of the executive branch or the local authority
the self-government to which the identity of the person, such a body
for five calendar days should send this appeal to
the relevant body and report to the person who submitted
Appeal.
8. If during the appeal of the provision of an irresponsible
The primary legal aid is determined that the person needs the
Non-payment secondary legal aid, the executive branch or
the local government authority, which views the appeal,
is required to dissolve the person or its lawful representative
Order of Appeal for the Granting of an Unarmed Secondary
Legal aid.
9. Appeal not relevant to the granting of primary legal
assistance, dealt with in the order established by the legislation
about the appeal of the citizens.
Article 11. Organization of personal reception persons for
Non-payment primary legal assistance
1. Executive authorities and local governments
are required to conduct personal reception of persons who need
Free of primary legal assistance, on matters belonging to the
the competence of the relevant executive branch or body
local government.
2. Accept persons who need an irresponsible primary legal
-aid is carried out permanently in the established days and hours. Graph
They must be brought to their knowledge.
3. Executive authorities and local governments
provide the conduct of personal reception
highly skilled workers who can clearly and accessible
Provide clarification on the provisions of the legislation and consultation on matters
the realization of the rights and freedoms of man and citizen and of the execution
Responsibilities.
4. If during a personal reception that person
Needs the provision of free secondary legal aid,
an employee who conducts a personal reception is required
Give her the order of submission to the appeal of the non-payment
Secondary legal assistance.
Article 12. Provision of unpaid primary legal assistance
specialized agencies, other entities
1. Local Government with regard to the needs
Administrative Territorial Community
units can form in order established by law,
specialized agencies with the provision of unpaid primary legal
Help.
2. Specialized agencies providing free primary
The legal assistance established by the local government authorities is
Non-profit organizations enjoy legal rights
Persons, who have their own forms, seal their names.
3. Specialized agencies providing free primary
Legal assistance established by local government authorities,
are funded by funds from local budgets, others not
Laws prohibited by legislation.
4. Powers and procedures for the activities of specialized agencies
Provision of free primary legal assistance is established
Provision of an unpaid primary legal
assistance, which is approved based on the Model
the institution of providing an irresponsible primary legal assistance.
5. Local government authorities can conclude with
the legal entities of private law, which according to its
The statute has the right to provide legal assistance, treaties and
granting on a permanent or temporary basis of the primary legal
Assistance in the territory of the
units.
6. Order and criteria by involvement by local authorities
The self-government of the legal persons
Free of primary legal assistance ( z0987-12 )
are approved by the Ministry of Justice of Ukraine.
7. Local government bodies may be involved in providing
free primary legal assistance to lawyers or other lawyers
The experts in the relevant field of law.
8. Lawyer, another specialist in the relevant field of law or
the legal entity of private law, with which a treaty of
granting primary legal assistance, are obliged to provide
High quality aid in volume and lines defined by the treaty.
Chapter III
PROVISION OF AN UNPAID SECONDARY
LEGAL ASSISTANCE
Article 13. The concept of an unarmed secondary legal aid
1. Bezos secondary legal aid-a kind of state
warranty that is to create equal opportunities for access
To justice.
2. The free secondary legal assistance includes the following
Legal Services:
(1) Protection; {Paragraph 1 of the second article 13 of the changes in accordance with the
Act N 1697-VII 1697-18 ) From 14.10.2014}
2) the exercise of the representation of interests of persons having the right to
for free secondary legal assistance, in courts, other public services;
Organs, local governments, before others;
(3) The design of procedural documents.
Article 14. Subject rights to free secondary legal
Assistance
1. Right to free secondary legal assistance in accordance with
The law and other laws of Ukraine have the following categories of persons:
(1) persons who are under the jurisdiction of Ukraine if
the average monthly aggregate income of their family is lower
The living minimum, calculated and approved respectively
For the Law of Ukraine "On the living minimum" 966-14 ) for persons,
which belong to major social and demographic groups
population, disabled people who receive pension or assistance
is appointed instead of a pension, in the size of less than two pros
minimums for non-employed persons,-for all types of legal services,
As part of the second article 13 of this Act;
2) orphans, children deprived of parental care,
homeless children, children who may become or have become victims
violence in the family,-on all kinds of legal services predicted by
Part of Article 13 of this Act;
(3) the person who applied for administrative detention,-
on legal services provided by paragraphs 2 and 3 of the second
Article 13 of this Act;
(4) persons who have administrative arrest applied to
Legal services provided by paragraphs 2 and 3 of the
Article 13 of this Act;
(5) persons according to the provisions of the criminal
The procedural legislation is considered to be delayed,-on legal
services provided by paragraphs 1 and 3 of the second article 13 of this
Law; {Item 5 of the first article 14 in the edition of Laws N 4652-VI
( 4652-17 ) from 13.04.2012, N 1697-VII ( 1697-18 ) From
14.10.2014}
(6) persons who have chosen to prevent the measure
in custody-on legal services provided by items 1
and 3 parts of the second article 13 of this Act; {Item 6 of Part 1 of Article 14 in the edition of Laws N 4652-VI
( 4652-17 ) from 13.04.2012, N 1697-VII ( 1697-18 ) From
14.10.2014}
(7) persons, in criminal proceedings against whom
Under the provisions of the Criminal Procedure Code
Ukraine ( 4651-17 ) The defender is involved with an investigator, the prosecutor,
investigative judge or court for the exercise of protection by appointment or
conduct separate procedural action, as well as persons convicted of
Imprisonment, Detention, and Detention
a battalion of military personnel or restrictions of will,
legal services provided by part of the second article 13 of this
Law; {Item 7 of Part 1 of Article 14 in the edition of Law N 4652-VI
( 4652-17 ) from 13.04.2012; with changes made according to
Act N 1697-VII 1697-18 ) From 14.10.2014}
8) of persons on which the action of the Law of Ukraine " On
refugees and persons who need additional or temporary
to protect " ( 3671-17 ),-on all kinds of legal services predicted by
part of the second article 13 of this Act, by the time of adoption
the decision to grant refugee status and if the person is challenged
Decision on refugee status; {Item 8 of the first article 14 in the edition of Laws N 4652-VI
( 4652-17 ) from 13.04.2012, N 5290-VI ( 5290-17 ) 18.09.2012}
9) Veterans of war and persons with the effect of the Act
Ukraine " On the status of war veterans, guarantees of their social
to protect " ( 3551-12 ), persons who have special merits and
special employment for the Fatherland, persons belonging to the
to the number of victims of Nazi persecution-on legal services,
predicted by paragraphs 1-3 of the second article 13 of this Act,
on issues related to their social protection;
(10) persons on which the court is considering a limitation case
The civilian capacity of a physical person, the recognition of a physical person
incapacitated and renewing the civilian capacity of physical
to the legal services provided by paragraphs 2 and 3 of the
The second article 13 of this Act, for consideration of the case in court;
(11) persons regarding whom the court is considering a
of mental health care, legal
services provided by paragraphs 2 and 3 of the second article 13 of this
Law, in case of case in court;
(12) persons rehabilitated in accordance with the legislation
Ukraine, for legal services foreseen in paragraphs 2 and 3
article 13 of this Act relating to the issues related to
Rehabilitation.
2. Right to free secondary legal assistance
citizens of states with whom Ukraine has concluded relevant international
Notice of legal assistance, consent to the binding of which is given
The Verkhovna Rada of Ukraine, as well as foreigners and persons without
nationality in accordance with international treaties
Ukraine, if such treaties bind states parties to provide
To certain categories of persons responsible for legal assistance.
Article 15. Subject to the provision of unpaid secondary legal
Assistance
1. The subjects of the provision of unpaid secondary legal assistance
In Ukraine there is:
(1) Centers for the provision of free secondary legal assistance;
2) lawyers included in the Lawyer of Lawyers who provide
Free secondary legal assistance. {Items 2 and 3 of first Article 15 replaced by paragraph 2, paragraph 2
with the Law N 1697-VII ( 1697-18 ) From 14.10.2014}
Article 16. Centres for the provision of unpaid secondary legal
Assistance
1. The Ministry of Justice of Ukraine forms regional
(Republican (Autonomous Republic of Crimea), regional, Kiev
and Sevastopol city) and local (district, interdistrict,
Urban, urban, inter-district and district in cities) with
Providing free secondary legal assistance. The Centers for the Granting
Free secondary legal aid is territorial
Departments of the Coordination Centre for the Granting of Legal Assistance and
formed with respect to the needs of
Administrative and administrative units
-Persons with no pay secondary legal aid. {Part of the first Article 16 in the edition of Law N 1697-VII ( 1697-18 )
From 14.10.2014}
2. Centers for the provision of free secondary legal assistance are
Non-profit organizations enjoy legal rights
Persons, who have their own forms, seal their names.
3. Centers for the provision of unpaid secondary legal assistance
are funded from the State Budget of Ukraine, others not banned
Legislation.
4. Centers for the provision of unpaid secondary legal assistance
provide the provision of all kinds of legal services predicted by
part of the second article 13 of this Act.
5. Powers and procedures for the activities of the
Free secondary legal aid is set up by the Application
about the Centers for the provision of unpaid secondary legal assistance
( z1091-12 (Ministry of Justice of Ukraine).
6. During the execution of functions with the provision of an irresponsible secondary
Legal Assistance Centers for the Granting of a Unarmed Secondary Legal
Help interact with the courts, prosecution bodies and others
Law enforcement agencies, organs of the executive branch,
local government.
7. Activities of the Centre for the provision of unpaid secondary legal
Assistance extended to the territory of
Administrative territorial unit.
Article 17. Authority of the Centre for the Granting of
Secondary legal aid
1. Centre for the provision of unpaid secondary legal assistance:
{First part of the first article 17 of the changes made by
under the Law N 1697-VII ( 1697-18 ) From 14.10.2014}
1) accepts the decision to provide an unarmed secondary legal
Assistance or failure in the provision of unpaid secondary legal
Assistance;
2) ensure the compound of procedural documents in
Subjects of the right to non-payment secondary legal
Assistance;
3) provides the participation of the defender on the implementation of the pre-trial
investigation and judicial proceedings in cases where the defender
Under the provisions of the Criminal Procedure Code
Ukraine ( 4651-17 ) is involved with investigators, prosecutors, investigators
a judge or court to protect the appointment or
Conduct a separate procedural action; {Paragraph 3 of Part 1 of Article 17 in the edition of Law N 4652-VI
( 4652-17 ) From 13.04.2012}
4) provides a defender to consider the case
Administrative offences;
5) provides the exercise of a representation of the interests of entities
the right to free secondary legal assistance in the courts, others
bodies of government, local government, before the meeting
Other persons;
6) make contracts with lawyers included in the Register.
lawyers who provide an irresponsible secondary legal assistance, for
Provision of such assistance on a permanent basis;
(7) negotiate with lawyers included in the Register.
lawyers who provide an irresponsible secondary legal assistance, for
providing such assistance on a temporary basis (based on individual
Provision of services);
8) gives instructions to confirm the authority of the defender
or the authority of a lawyer to implement the representation of interest
Persons in the courts, government authorities, local authorities
Self-government, before others;
9) accepts the decision to replace the lawyer according to
Article 24 of this Act;
10) give a petition to the Coordinating Center for
Legal aid for the exclusion of a lawyer from the Register of Counsel who
Provide free secondary legal assistance, in cases where
provided by paragraphs 2 and 3 of the first article 24 of this
Law; {Paragraph 10 of Part 1 of Article 17 in the edition of Law N 1697-VII
( 1697-18 ) From 14.10.2014}
11) accepts the decision to stop the granting of the unarmed
Secondary legal assistance;
12) give the Coordination Centre for legal assistance
Reports on its activities; {Paragraph 12 of the first article 17 of the changes made by
with the Law N 1697-VII ( 1697-18 ) From 14.10.2014}
13) perform other functions provided by the Centers for
Providing free secondary legal assistance.
Article 18. Order of submission of non-payment appeals
Secondary legal aid
1. Appeal for one of the legal services
submitted by the second article 13 of this Act shall be submitted
Persons who have reached the age of the Centre for the Granting of
secondary legal aid or to the territorial authority of justice
for the place of actual residence of such persons independently of
The registration of the residence or location of the person.
2. Appeal for one of the legal services
predicted part of the second article 13 of this Act relating to the
children, are served by their legitimate representatives for the place of the actual
the residence of the child or its legal representatives regardless of
The registration of the residence or location of the person.
3. Appeal for one of the legal services
predicted part of the second article 13 of this Act relating to the
persons recognized by the court by the incapacitated, or the effectiveness of which are limited
court, is served by their guardians or guardians by the place
the actual residence of such persons or their guardians or guardians
regardless of the registration of residence or place of stay
Persons.
4. Along with the appeal of the provision of unpaid secondary
A person or a legitimate representative of a person must
submit documents confirming the ownership of the person or persons,
concerning which a legitimate representative appeals to one of
vulnerable categories of persons predicted to be part of the first article 14
of this Act.
Article 19. Order of examination of the non-payment secondary
Legal aid
1. In case of an appeal against one of the species
Free secondary legal assistance to the Centre for
Free secondary legal assistance is required during the
Ten days from the day of the decision to make a decision concerning
Providing free secondary legal assistance.
2. If a person has filed an appeal for one of the species
legal services provided by the second article 13 of this
By law, to the territorial body of justice, this body is required
for three days from the day of submission of the appeal to send it to
Centre for the provision of free secondary legal aid,
which is distributed to the territory of the relevant
Administrative territorial unit. Center for Grant
Free secondary legal assistance is required in the seven-day period
rows from the day of receipt of an individual to decide on
Providing free secondary legal assistance.
3. If a person belongs to one of the categories of persons,
predicted part of the first article 14 of this Act, Centre for
Providing free secondary legal assistance accepts decisions
concerning the provision of free secondary legal assistance and written
reports this person or her legal representative, as well as
court, the authority organ of the local government, in which
Representation of the interest of individuals.
4. If a person has no reason to obtain an irresponsible
Secondary legal assistance, Center for the Granting of Unarmed Secondary
legal aid accepts a denial decision in the
free secondary legal assistance and sends a copy of this
the decision to provide such assistance, with
simultaneous opinion of the challenge of the refusal to
Provision of free secondary legal assistance.
5. In case of an appeal of persons identified in paragraphs 3 to 6
of the first Article 14 of this Act, on the provision of unpaid secondary
Legal aid or information on detainees
from close relatives and members of their families, whose list is stated
Criminal Procedure Code of Ukraine 4651-17 ), Center
Provision of free secondary legal assistance is required
Accept the decision to provide an irrefutable secondary legal
since the person has been detained. {Part of Article 19 in the edition of Law No. 1697-VII ( 1697-18 )
From 14.10.2014}
6. In case of receipt of the ruling by the investigator, the prosecutor,
Investigator Judges, the prosecution court to implement
Protecting or conducting a separate procedural action
Centre for the Granting of Unarmed Secondary Legal Aid
It is required to immediately appoint a defender. {Part of the sixth Article 19 in the edition of Act N 4652-VI ( 4652-17 )
From 13.04.2012}
Article 20. Reasons for failure to address irresponsible
Secondary legal aid
1. Eye may be denied the provision of an unarmed secondary
The legal assistance of having at least one of the following:
(1) The person does not belong to any of the categories of persons predicted by
part of the first Article 14 of this Act;
2) a person has filed false information or false documents from
the aim of bringing it to one category of persons eligible for the
Free secondary legal assistance;
3) the person ' s requirements for the protection or restoration of her rights are
Wrongful;
(4) The person has previously provided free secondary legal
Assistance from the same question;
5) the person used all national legal protections.
in the case of which the unpaid secondary
Legal aid.
2. In case the person is denied the unpaid
Secondary legal assistance based on paragraph 5 of the first
in this article, a written clarification is added to the decision of the refusal
concerning the order of appeal to relevant international judicial institutions
or relevant bodies of international organizations, member or
A participant in Ukraine.
Article 21. Provision of free secondary legal assistance
lawyers who provide an irresponsible secondary
legal assistance on a permanent basis under contract
1. After taking a decision on the provision of an irresponsible secondary
Legal Aid Centre for the Granting of a Unarmed Secondary Legal
assistance appoints a lawyer who provides free secondary
legal assistance on a permanent basis under contract.
2. During the appointment of a lawyer, he is taken into account
specialization, work experience, load, complexity of cases, in
I'm sorry.
3. The power of a lawyer as a defender in a criminal
failure to take part in the administration proceedings
offenses and representation of interests of persons who have the right to
for free secondary legal assistance, in courts, other public services;
organs, local governments, before others
are confirmed by the responsibility of the Centre for the Granting of an unpaid secondary
Legal aid. {Part of the third article 21 with the changes made under the Act
N 4652-VI ( 4652-17 ) From 13.04.2012}
Article 22. Provision of free secondary legal assistance to the
of the treaty
1. In case of impossibility of providing an unarmed secondary legal
Aid for a lawyer who provides an irresponsible secondary legal
Assistance on a permanent basis under contract, Centre for
Free secondary legal aid to the treaty with
a lawyer included in the Register of Lawyers who provide an irresponsible
Secondary legal assistance. {Part of the first article 22 with the changes made under the Act
N 1697-VII 1697-18 ) From 14.10.2014}
2. In the treaty for the provision of unpaid secondary legal
assistance is indicated by the volume of legal aid, lines, during
I don't think that kind of help would be given, the size
3. The authority of a lawyer with which the
Free secondary legal assistance, confirmed in the
of the order established by the third article 21 of this Act.
4. The lawyer with which the treaty is signed
Secondary legal assistance is obliged to provide such assistance
Qualitatively in the volume and lines defined by the treaty.
Article 23. Reason and order of termination of the non-payment
Secondary legal aid
1. Inpayment of non-payment secondary legal assistance
is discontinued by the decision of the Centre for the Granting of an unpaid secondary
Legal assistance in case of:
1) the circumstances or reasons behind which the person was
unseen to categories of persons predicted to be part of the first
Article 14 of this Act has ceased to exist;
2) set the fact of presenting a person of false information or
false documents that have become a basis for the removal of the person before
categories of persons who have the right to free secondary legal
Assistance, and decision on the granting of the
Secondary legal assistance;
3) the person enjoys the protection of another defender (defenders)
in the case she was assigned a defender according to
Law;
(4) The person used all national legal protections.
in the case.
2. The person who had previously provided free secondary legal
assistance in accordance with this Act and which has lost grounds for
receiving such assistance, legal assistance may be provided
General, common grounds.
3. In case of termination of an unpaid secondary legal
In accordance with paragraph 2 of the first article of this article
It's a lot of money to be given.
The actual costs associated with the provision of aid.
4. Inpayment of non-payment secondary legal assistance
stops in case of full execution of the subject
Free secondary legal assistance to its obligations,
The President of the General Council of the United States of America
Article 24. Reason and order of replacement of lawyers who provide
Free secondary legal assistance
1. Advocates, which provides free secondary legal assistance,
can be replaced in the case of:
(1) A lawyer's disease;
(2) Non-compliance with the counsel of its obligations under
Terms of contract
(3) The non-payment of the order of the unpaid secondary
Legal assistance;
(4) Exclusion of a lawyer from the Register of Lawyers who grant
Free secondary legal assistance. {Item 4 of the first Article 24 in the edition of Law N 1697-VII
( 1697-18 ) From 14.10.2014}
2. Put one lawyer to others in accordance with
requirements provided by articles 21 and 22 of this Act.
3. Under replacement of one lawyer, others are provided
Continuity of the provision of unpaid secondary legal assistance.
4. A lawyer who is appointed to replace another lawyer,
required to take measures to eliminate the disadvantages of the
The unpaid secondary legal aid that took place prior to its
Target.
5. If the decision to replace a lawyer is accepted according to
points 2 and 3 of the first of this article, Center for the Granting
The unpaid secondary legal aid can make a proposal to
Coordination Centre for the Granting of Legal Assistance
such a lawyer from the Register of Lawyers who grant the abyss
Secondary legal assistance. {Part of Article 24 in the edition of Law No. 1697-VII ( 1697-18 )
From 14.10.2014}
Article 25. Rights of the subjects of the provision of unpaid secondary
Legal Aid
1. Sub-provision for the provision of unpaid secondary legal assistance
has the right:
1) exercise protection in criminal proceedings under
Pre-trial investigations and judicial proceedings
Centre for the Centre for the Granting of a Unarmed Secondary Legal
Assistance; {Paragraph 1 of the first article 25 of the changes made by
Act N 4652-VI 4652-17 ) From 13.04.2012}
2) participate in consideration of the administrative case
Legal violation on behalf of the Centre for the Granting of
Secondary legal assistance;
3) to represent the rights and legitimate interests of persons who need
Free secondary legal assistance, in courts, other public
organs, local governments, in front of others in the
Based on the commission of the Centre for the provision of an unpaid secondary legal
Assistance;
4) ask and receive documents and other materials or their
Copies required due to the provision of unpaid secondary
Legal assistance in courts, other state bodies, organs
Local government, before others;
5) collect information to use them while protecting them
rights and legitimate interests of persons who have the right to receive
Free secondary legal assistance;
(6) to familiarize themselves with the government authorities,
local government, on enterprises, in institutions and other
organizations with the necessary to ensure effective legal
Protection of documents, except for the state secret;
7) inform the Centre for the provision of unpaid secondary legal
(b) Assistance for the onset of the
Free secondary legal assistance in cases foreseen in the
part of the first Article 23 of this Act;
8) to the proper payment of activities to provide an irresponsible basis
Secondary legal assistance.
2. A lawyer who provides free secondary legal assistance
on a permanent basis under contract or on a temporary basis
the basis of the treaty, has all rights and guarantees established by the Law
"Lawyers and Lawyers ' Activities" (PDF). 5076-17 ),
other laws of Ukraine. {Part of the second article 25 of the changes made under the Act
N 5076-VI ( 5076-17 ) of 05.07.2012}
Article 26. Duties of the subjects of the provision of unpaid secondary
Legal Aid
1. A lawyer who provides free secondary legal assistance,
Required:
(1) to comply with the requirements of the Constitution of Ukraine
( 254k/96-PL ), this Act, international treaties of Ukraine, consent
The duty of which is provided by the Verkhovna Rada of Ukraine, and others
Legal instruments;
2) to provide qualitatively and in the required volume of
Secondary legal assistance;
3) take to the failure of the cases that need
Free secondary legal assistance, according to the treaties,
With the Centre for the Granting of a Unarmed Secondary Legal
Assistance;
4) do not disclose sensitive information about the person who
has become known in connection with the provision of unpaid secondary legal
Help.
2. A lawyer who provides free secondary legal assistance
on a permanent basis under contract or on a temporary basis
Based on the treaty, it has all duties established by the Law of Ukraine
"On counsel and advocacy" ( 5076-17 ), others
The laws of Ukraine. {Part of the second article 26 of the changes made under the Act
N 5076-VI ( 5076-17 ) of 05.07.2012}

Chapter IV
ADMINISTRATION OF THE PROVISION OF IRREFUTABLE LEGAL ASSISTANCE
AND HER FUNDING.
Article 27. Powers of the Cabinet of Ministers of Ukraine in the field
Provision of free legal assistance
1. The Cabinet of Ministers of Ukraine:
1) approve the order and conditions of the competition and requirements
to professional level of lawyers who are involved in the
Free secondary legal assistance ( 1362-2011 );
2) sets the order and conditions of contracts with
lawyers who provide free secondary legal assistance to the United States
permanent ( 8-2012-p );
3) sets the order and conditions of contracts with
lawyers who provide free secondary legal assistance to the United States
temporary ( 8-2012-p );
4) sets the order of injunction centers
Free secondary legal aid for cases of detention
persons ( 1363-2011 ).
5) sets the size and order of payment of the subjects
Providing free secondary legal assistance; {Part of the first article 27 is supplemented by paragraph 5 under the Law
N 5076-VI ( 5076-17 ) of 05.07.2012}
6) approve the provisions of the Coordinating Centre for
Legal aid. {Part of the first article 27 is supplemented by paragraph 6 under the Act
N 1697-VII 1697-18 ) From 14.10.2014}
Article 28. Powers of the Ministry of Justice of Ukraine in
Provision of free legal assistance
1. Ministry of Justice of Ukraine:
1) provides coordination of the activities of the central bodies
Executive Power on the Implementation of the Policy of the State in the
Free legal assistance;
2) exercise general management in the area of providing
Primary legal assistance and irrefutable secondary legal aid
Assistance;
3) is responsible for the implementation and operation of the system
Free secondary legal assistance;
4) forms centers for the provision of unpaid secondary legal
Assistance;
5) delivers to the Cabinet of Ministers of Ukraine draft laws and
Other legal instruments in the field of non-payment
Legal assistance;
6) provides methodical assistance to the executive authorities and
local government agencies on matters relating to the provision of
Free of primary legal assistance;
7) sets the order of the coordination centre with
Providing legal assistance to the Register of Lawyers who provide
Free secondary legal assistance ( z0517-15 ); {Item 7 of the first Article 28 in the edition of Law N 1697-VII
( 1697-18 ) From 14.10.2014}
8) provide competitive head management competitions.
Justice in the Autonomous Republic of Crimea, Areas, Cities of Kyiv and the
Sevastopol to attract lawyers to provide unpaid
Secondary legal assistance;
9) analyse the practice of applying this Act;
(10) approve the quality standards of the provision of an irrefutable legal
Assistance;
11) collaborates with the central executive authorities with
The implementation of this Act;
(12) approve the Model Position on the Institution for
Free of primary legal assistance;
13) approve the order and criteria by the involvement of bodies
of the local government of legal entities of private law prior to
Providing free primary legal assistance;
14) approves the Regulation of the Centers for the Granting of
Secondary legal assistance;
15) perform other functions in the scope of the free legal
Assistance established by laws and international treaties of Ukraine,
Consent to be granted by the Verkhovna Rada of Ukraine.
Article 29. Funding for free legal assistance
1. Funding of irresponsible primary legal assistance
Carried out on the expense of the State Budget of Ukraine to the
Maintenance of relevant executive bodies, local budgets
and other sources.
2. Funding for free secondary legal assistance
In the State Budget of Ukraine.
Section V
DISPUTE DECISION
FOR FREE LEGAL ASSISTANCE,
ACTIONS OR INACTIVITY OF THE GOVERNMENT
LOCAL GOVERNMENT BODIES,
OFFICERS AND OFFICIALS
Article 30. Appeal of decision-making
Legal Aid
1. Withdraw of the executive branch, local authority
self-government, establishment of an irresponsible primary legal
assistance, service and officials in providing the primary legal
assistance may be appealed in the prescribed law to
Court.
2. Decision of the Centre for the Granting of an unpaid secondary legal
Assistance for abandonment of an unpaid secondary legal
assistance can be appealed in the prescribed law to
Court.
Article 31. The appeal of the actions and inactivity of the officials,
That violate the order of the granting of the
Assistance
1. Actions and inactivity of official and official officials
violate the order and lines of the review appeals
Free legal assistance, poor legal assistance
may be appealed in the prescribed law to court order and in
administrative order.
Article 32. Responsibility for violation of the legislation on
Free legal assistance