Презентація директора КЦ Андрія Вишневського на міжнародному семінарі в Івано-Франківську

Page 1

CRIMINAL JUSTICE CONTEXT

ANDRIY VYSHNEVSKY Head Coordination Centre for Legal Aid Provision Criminal Justice System: Achievements and Challenges, Bukovel, Radisson Blu Hotel, Ukraine, 28 July 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


EARLY ACCESS TO LEGAL AID Mechanism

MORE THAN 30 000 CASES PER YEAR

IN 99% CASES

24/7

LAWYER ARRIVES TO DETAINEE WITHIN 2 HOURS

IN 89% CASES

DETAINEES ACCEPT LEGAL AID PROVIDED BY APPOINTED LAWYER


ACCESS TO LEGAL AID IN CRIMINAL PROCEEDINGS 2. At the request of suspect, accused, or without such request in case, according to the CPC, the justice so require:  makes decision to assign a lawyer and  sends the decision to Regional Legal Aid Centre

1. Puts request if he/she has no possibility to hire lawyer

about 132,000 criminal cases ( 44,000 cases per year)

3. Assigns a lawyer

LAWYER LAWYER

4. Contacts a client and provides legal aid in accordance with Quality Standards of Legal Aid Provision in Criminal Proceedings


SELECTED RESULTS FOR CLIENTS IN CRIMINAL PROCEEDINGS, 2013 – 2015 (NUMBER OF CASES)

 2200 refusal of prosecutor’s application

on detention in custody as preventive measure

 9800 releases from serving punishments with period of probation  3000 cases with minimal sanction

or with less sanction than provided by law

 1350 verdicts of acquittal

and case closures (lack of corpus delicti or criminal event)


QUALITY MANAGEMENT SYSTEM

EXPERIENCE EXCHANGE NETWORK formation of integrated strategies and tactics of defence, professional training of the most proactive quarter of Ukrainian lawyers


QUALITY STANDARDS IN CRIMINAL PROCEEDINGS  Developed within the frameworks of the Memorandum of Co-operation between the Ukrainian National Bar Association and the Ministry of Justice  Approved by the order of Ministry of Justice dated February 25, 2014 num. 386/5  Draft standards approved by the Bar Council of Ukraine Standards are obligatory for lawyers providing legal aid, but could also be used by lawyers in private cases

STRUCTURE OF THE ORDER: 15 overall standards

Special standards for:

- pre-trial stage (7); - trial stage (6); - single procedural action (1)

STRUCTURE OF EACH STANDARD:

 Standard itself – lawyer’s activities on each stage of criminal proceeding  References on sources of law, including ECHR precedent law  Sources of information for compliance checking

Network of lawyers – quality standards monitors – “quality managers”


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 Effectiveness of NPM


THANK YOU FOR YOUR ATTENTION! www.legalaid.gov.ua


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.