LEGAL AID SYSTEM IN UKRAINE: SHARING EXPERIENCE
ANDRIY VYSHNEVSKY Head Coordination Centre for Legal Aid Provision National Consultation of Strengthening and Expanding Legal Aid Services through Local Legal Aid Regulations and Budgets, Jakarta, 26 August 2016
UKRAINIAN LEGAL AID SYSTEM MISSION AND VALUES
OUR MISSION Protection of human rights by provision of equal access to legal information and justice, and strengthening legal opportunities and the legal empowerment of vulnerable groups and local communities OUR VALUES HUMAN RIGHTS AND DIGNITY TRUST AND PARTNERSHIP TRANSPARENCY AND ACCOUNTABILITY INDEPENDENCE INNOVATION AND COMMITMENT TO EXCELLENCE
THE LEGAL AID SYSTEM DEVELOPMENT: KEY STEPS
1 2
Adoption of the Law of Ukraine “On Free Legal Aid” (2011) Establishment of new institution: Coordination Centre for Legal Aid Provision (2012)
3
Access to legal aid in criminal proceedings – defence (2013)
4
Quality of legal aid in criminal proceedings (2014) Access to legal aid in civil and administrative proceedings – representation of citizen’s interests in court (2015)
5
Integration of primary and secondary legal aid. Quality of civil legal aid (since 2016)
6 7
Legal empowerment of local communities (since 2016)
THE LEGAL AID SYSTEM IN UKRAINE 5 000 SELECTED LAWYERS 100 LOCAL CENTRES (FROM JUL 01, 2015):
Representation of interests of vulnerable clients in civil and administrative cases:
low-income; disabled; war veterans; orphans, etc.
Legal consultations 25+2 REGIONAL CENTRES (FROM JAN 01, 2013):
Defence in criminal proceedings Early access to legal aid for detainees Access for imprisoned 1 COORDINATION CENTRE
45 000 000 total UKR population 8 000 000 are eligible for legal aid
ROLE OF THE LEGAL AID SYSTEM AS A PUBLIC INSTITUTION Has significant impact on other ongoing reforms in Ukraine
Provides legal services to individual clients
LEGAL AID SYSTEM
Helps to prevent violations and protects human rights in general
IMPACT OF THE LEGAL AID SYSTEM ON ONGOING REFORMS
Reform of Police
LEGAL AID SYSTEM
IMPACT
Reform of Prosecution
Decentralisation
FUNDING FROM THE STATE BUDGET IN 2012 – 2016 (MLN UAH*) *Accounts payable not included 300
287.2
250
242.4 222
200
150 118.7 100 79.1 58.9 50
66.9
65.2
39.8 27.5 9.9
0
56.7
1.2
2.8
2012
5.9
10.3
16.4 3.8
2.1
2013 Annual budget
2014 Lawyers' renumeration
2015 Administrative costs
Investments
2016 (plan)
SELECTED PERFORMANCE DATA Number of legal aid assignments issued in criminal proceedings, 2013 – 2015* 50000 45580
44305
45000
41679
274 case closures (lack of corpus delicti 1377 refusal of prosecutor’s application
on detention in custody as preventive measure
32390
30000
6840 releases from serving punishments
28363
with period of probation
25729
25000
6235 cases with minimal sanction 2417 cases with less sanction than provided by law
20000 15000 10000 5000 0
193 verdicts of acquittal or criminal event)
40000 35000
Selected results of legal aid provision in criminal proceedings, 2015
1169
45 2013 detainees (early access)
2014 accused (defence in court)
*Data on temporary occupied territories of Crimea and Sevastopol’ is not included
2015 imprisoned
CIVIL CASES: CLIENTS DISTRIBUTION BY CATEGORY Selected indicators in civil cases, Jul-Dec, 2015 41000 clients in first six months of operation 9100 assignments for representation of clients’ interests in courts issued other; 1.3% refugees; 1.2% children in difficult circumstances; 1.3% war veterans; 8.9%
persons with disablities; 40.9%
low income people; 46.5%
CIVIL CASES: CATEGORIES OF REQUESTS
non-legal problems; 1% other branches of law; 9% social welfare; 15%
other branches of civil law; 16%
housing law; 11%
medical law; 1% judgements enforcement; 2% administrative law; 3%
family law; 11%
labour law; 5%
contract law; 8%
inheritance; 11%
LEGAL AID NEEDS
Litigation
20 %
80 %
Legal information and consultation
LEGAL AID BUREAU CONCEPT
FUNCTIONS
MISSION: LEGAL EMPOWERMENT OF LOCAL COMMUNITIES
1
ACTIVE LEGAL EDUCATION ON EACH LOCAL COMMUNITY LEVEL
2
ACCESS POINT TO MINISTRY OF JUSTICE’S E-SERVICES
3
LEGAL CONSULTATIONS
4
ACCEPTANCE OF APPLICATIONS ON FREE SECONDARY LEGAL AID PROVISION
5
REPRESENTATION OF CLIENT’S INTERESTS IN COURT
MORE THAN 400 BUREAUS
ON THE WHOLE TERRITORY OF UKRAINE (EXCEPT TEMPORARY OCCUPIED )
(FURTHER – TO ALL AVAILABLE STATE E-SERVICES) (PRIMARY FREE LEGAL AID)
(IN THE SHORT-TERM)
2 – 3 EMPLOYEES – LAWYERS TO BE ESTABLISHED IN EACH DISTRICT AND REGIONAL TOWNS AS SEPARATED STRUCTUAL SUBDIVISIONS OF LOCAL CENTRES IN CITIES / TOWNS WITH 100 LOCAL CENTRES ALREADY FUNCTIONING, THESE FUNCTIONS TO BE EXECUTED BY THE CENTRES
ORGANISATIONAL MODEL: INDEPENDENCE AND COMPETITION OF PROVIDERS
OUR VISION
• People across Ukraine employ legal tools to address their day-to-day life challenges and enjoy equal access to justice • A network of independent legal aid providers meets people’s legal needs • Local communities and the state recognise the importance and necessity of legal aid as a social guarantee, and provide sustainable funding for legal aid from national and local budgets
THANK YOU FOR YOUR ATTENTION! www.legalaid.gov.ua