Verkhovna Rada of Ukraine

The Committee on Ukraine's Integration into the EU is working on draft Law No. 5107 on simplifying access to free legal aid and improving its quality. The authors of the draft law note that it is developed with the aim of effective implementation of human rights, including children and people with disabilities, to receive free legal aid. To do this, the draft law proposes to simplify the mechanism for organizing of such aid.

The document also proposes to settle the issue of mandatory participation of a lawyer in the court's consideration of the following cases:
• on limitation of civil capacity of a person, recognition of a person as incapable and restoration of civil legal capacity of a person;
• compulsory psychiatric care;
• involuntary hospitalization in a TB facility.
In Ukraine, the system of free legal aid has been operating since 2013. It is financed from the state budget. This system was created to fulfil Ukraine s obligations to the Council of Europe. At the same time, the authors of the draft law note, that for the implementation of regulations related to free legal aid some issues need to be resolved through amendments to the Law of Ukraine “On Free Legal Aid” and through the development of new legislation.

Accessibility for all categories of people — is one of the principles on which the state policy in the field of free legal aid in Ukraine is based. The vast majority of people who apply for legal services belong to socially vulnerable categories, including children, people with disabilities, and others.

Under the law, applications for free primary legal aid concerning children are sent or submitted by their legal representatives, and applications concerning persons declared incapable by a court or whose legal capacity is limited are sent or submitted by their guardians or trustees. However, there are cases when legal representatives or bodies, which by law have the right to protect the rights, freedoms and interests of such people, do not exercise their duties or improperly protect them.

Thus, the draft law proposes at the legislative level to:
• ensure the right of children, incapacitated persons or persons with limited legal capacity to apply for free primary legal aid, as well as the right of these persons to apply for free secondary legal aid, establish the procedure for such application;
• establish a mechanism for the provision of free primary legal aid by centres;
• establish the right of the free secondary legal aid center to engage an interpreter in a language that the applicant can communicate, including a sign language interpreter, at the expense of the state budget if the person wishing to receive free secondary legal aid does not speak the state language and/or has a hearing impairment;
• specify the list of subjects of the right to free secondary legal aid;
• improve the procedure for submission, consideration of applications for free secondary legal aid, as well as the grounds for refusal to provide such aid;
• define the rights and obligations of the subjects of the right to free secondary legal aid;
• also provide for the establishment of a commission to independently assess the quality of free secondary legal aid.

More about the draft law