Development of Legal Aid Quality Management System: Ukrainian Experience 23 November, 2017
Vilnius “Enhancing the Quality of Legal Aid: General Standards for Different Countries� Conference
Oleksii BONIUK Acting Director of Coordination Centre for Legal Aid Provision
UKRAINIAN LEGAL AID SYSTEM:
KEY STEPS OF INSTITUTIONAL DEVELOPMENT 2011 Legal Aid Law adopted 2012 Coordination Centre for Legal Aid Provision established 01.01. 27 Regional legal Aid Centres launched
criminal legal aid
2013
01.07. 100 Local Legal Aid Centres launched
+ civil and administrative legal aid
01.09.
+ primary legal aid
2015 2016 2017
432 Legal Aid Bureaus launched in small towns and rural areas
+ legal empowerment and legal enlightment
SNAPSHOT OF THE LEGAL AID SYSTEM
5 000
1 600
>
>
lawyers
jurists
contracted by legal aid centres “ex officio�
employed by legal aid centres
>
550
access points to legal aid
500 000
8 000 000
>
>
clients per year
citizens eligible for secondary legal aid
QUALITY MANAGEMENT SYSTEM OVERVIEW
CONTEST FOR LAWYERS
8
9
th
contests
contest
(in 2012-2015)
(just started)
From
to
knowledge checking written test on procedural legislation an Legal Aid Law
knowledge giving and motivation assessment on-line course “Introduction to the Legal Aid System�
TRAININGS Central Trainings for trainers
“Cascade� trainings model
Network of lawyers-trainers (about 50)
Trainers conduct trainings in each region
9 circles of trainings conducted
Guidelines, manuals on each topic
to
From
procedural aspects of the Code of Criminal Procedure
legal aid provision peculiarities to targeted vulnerable groups (e.g., internally displaced persons or people with disabilities)
and soft skills
QUALITY STANDARDS IN CRIMINAL PROCEEDINGS
15
14
common standards
standards for each stage of criminal proceeding
pre-trial 1st instance court appeal cassation
reference on Ukrainian procedural legislation Ukrainian judicial practice European Convention on Human Rights ECHR decisions
reference on information sources to check the compliance with each standard
MONITORING OF QUALITY STANDARDS
25 quality managers:
1 in each region
Main instruments: observation in court interviewing of lawyers interviewing of clients best practices identification
Informing of directors of regional centres and Coordination Centre on the results Application to Commissions of Legal Aid Quality, Completeness and Timeliness Assessment (if violations)
FINANCIAL INCENTIVES
acquittal minimal or less sanction than provided by law
Method of Remuneration approved by the Cabinet of Ministers
case closure easing / cancellation of custody as a restrictive measure release from serving punishment with a probation period
‌and others
NEXT STEPS 1) Public Defender Offices model piloting (01-06/2018) tutoring lawyer’s file revision (if agreed by a client)
2) Legal Aid Communication Platforms (to be launched by the end of 2017 in 5 largest cities of Ukraine)
best practices collection and dissemination trainings and HR capacity development
3) Standards in civil / administrative cases introduction (already development, to be implemented in 2018)
4) Standards for primary legal aid development 5) Doubled remuneration for lawyers for legal aid cases (since 01.01.2018)
Thank you for your attention!
www.legalaid.gov.ua info@legalaid.gov.ua