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