Achievements, Challenges, New Ideas

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Achievements, Challenges, New Ideas

Š Coordination Centre for Legal Aid Provision, 2015 www.legalaid.gov.ua andriy.vyshnevsky@legalaid.gov.ua


Legal Basis  Constitution of Ukraine (Art. 59);  European Convention on Human Rights (Art. 6, par. 3 с);  PACE Resolution dated 05.10.2005 № 1466 (2005) “Honouring of Obligations and Commitments by Ukraine” (Art. 13.13);  Concept of Legal Aid System Formation in Ukraine, approved by Presidential Decree dated 09.06.2006 № 509;  Law of Ukraine dated 02.06.2011 № 3460-VI “On Legal Aid”;  Law of Ukraine dated 05.07.2012 № 5076-VI “On the Bar and Lawyer’s Practice” (Art. 25);  Criminal Procedural Code of Ukraine dated 13.04.2012 № 4651-VI (Art. 49, 52, 53);  Law of Ukraine dated 14.10.2014 № 1697-VII “On Prosecution“.


Political Background 

“The institutional development of legal aid system in criminal, civil and administrative procedures, strengthening of legal awareness of the population shall be provided." [Coalition Agreement of Parliamentary Factions of 7th Convocation – Petro Poroshenko’s Block, All-Ukrainian Union "Bat’kivschyna", “Narodnyi Front“, Oleh Liashko’s Radical Party and Union "Samopomich", art.7.5, section "Judicial Reform"]

 Further development of legal aid system is considered an integral part of judicial reform in the Strategy of Reforming of Judiciary and Judicial Proceedings, and Other Related Legal Institutions preliminary approved by the Board on Judicial Reform on November 18, 2014, and presented by the Administration of the President of Ukraine for international donors on December 3, 2014  "Mutual efforts shall be aimed at further improvement of legal aid quality and support of the implementation of the new Law of Ukraine" On Prosecution“ and the Law of Ukraine" On Legal Aid" [CoE Action Plan for Ukraine for 2015-2017 years, approved on January 21, 2015 by the CoE’s Committee of Ministers]  Assessment of measures required to build peace in Eastern Ukraine including legal aid provision for population, including internally displaced persons. [Project of Assessment Report on Ways of Restoration and Building Peace in Eastern Ukraine, which is being prepared by the EU, the UN and the World Bank under the supervision and with the participation of the Government of Ukraine]


Development of Legal Aid System: 4 Steps

1

Establishment of new institution (2012)

Access to legal aid in criminal proceedings provision (2013)

2

Quality of legal aid in criminal proceedings provision (2014)

3 4

Access to legal aid in civil and administrative proceedings – representation of citizen’s interests provision …


Budget of Legal Aid System in 2012 – 2015 (MLN UAH)

300

4 years

х 37 times

269.6

250

mln UAH

200

150

100

78.8 50

49.1 7.3

0 2012

2013

2014 Year

2015 (budget)


Legal Aid System Budget in 2012 – 2015 (by types of expenditures, MLN UAH)

66.7; 16%

49.4; 12% 207.2; 51%

81.5; 20%

Lawyers' remuneration

Salary

Other current costs

Capital expenditures


Quality Management in Legal Aid System Lawyers Selection Contests

Selected lawyers contracted by centres for SLAP

Quality Standards

Monitoring and estimation

Compliance with the Standards

Positive results

Financial motivation

Analysis of practices

Failure to comply with the standards

Analysis of practices

Identification of training needs

Cascade Trainings

Contracts termination Exclusion from the Register of Lawyers Providing Legal Aid

Guidelines


Quality Standards of Legal Aid in Criminal Proceedings Standards – a set of basic characteristics of the model of the state guaranteed protection

stipulated by international regulations, laws of Ukraine, within which, and considering the agreed legal position of the defence a defender is independent in selection of strategy and tactics of defence in criminal proceedings for active and reasonable protection of rights, freedoms and legitimate interests of the client by all means not prohibited by law.

The purpose of development and implementation:  timely, quality and sufficient provision of legal aid criminal proceedings;  ensuring efficient use of state budget funds allocated for legal aid lawyers’ remuneration;  methodological support and professional development of lawyers providing legal aid in criminal proceedings One of the sources for standards – the practice of the ECHR

Legal Aid Quality Monitoring – Quality Managers : 1.

Questioning of lawyers

2.

Selective verifications of questionnaires with actual data

3.

Observations in court

4.

Questioning of clients


System of Regular Cascade Training Programmes and Guidelines for Legal Aid System Lawyers Series 1 - "Criminal Proceedings"

Trainings for Lawyers-Trainers

Regional Trainings

Guidelines

І ІІ

2 circle

Actions of the lawyer during the proceedings in the court of the first instance (1-3 February and 1-2 March, 2014)

March-April, 2014 Number of trainings: 50 Number of participants: 1248

III

3 circle

Actions of the defender on security of the criminal proceedings, decisions appealing, actions or inactions of the investigator, the prosecutor and the investigating judge, review of court decisions (May 17-19 and June 21-22, 2014)

June-July, 2014 Number of trainings: 36 Number of participants: 1106

IV V VI

Actions of the defender in criminal proceedings on the basis of agreements, on the application of specific measures of criminal and legal influence, on access to adequate health care (13-15 September and 27-28 September 2014)

October, 2014 Number of trainings: 38 Number of participants: 1052

VII VIII IX X

1 circle

September-December, 2013 Number of trainings: 73 Number of participants: 1685

4 circle

The new Criminal Procedure Code: the study and application in the light of European standards (6-8 June, 2013) The methodology of training: planning and training on the use of the new Criminal Procedure Code (5-6 July, 2013) The methodology of preparation of practical tasks of methodological recommendations for lawyers providing legal aid (8-9 August, 2013) Psychology of interrogation (10-11 October, 2013)

50+ permanent trainers / moderators


Regular Lawyers Selection Contests

Contests

1st

2nd

3rd

4th

5th

6th

7th

IV-V.2012

X-XI.2012

II-III.2013

IX-X.2013

III-IV.2014

X-XI.2014

II-IV.2015

Number of applications

1190

1770

490

711

353

463

522

Number of selected lawyers

950

1594

434

603

308

323

372

-

3

3,5

3,6

3,6

3,7

3,7

Dates

The average passing score (maximum – 5)

4401 lawyers in Register


Selected Legal Aid System Indicators

Indicator/ Year

2013

2014

2015*

Annual costs for lawyers’ services (UAH)

22 854 058

52 046 992

10 451 700

Debts for lawyers’ services by the end of period (UAH)

15 494 700

7 069 500

3 125 200

Number of orders for legal aid provision issued for lawyers by centres for SLAP

76 878

68 796

15 656

Number of lawyers contracted by centres for SLAP

2 008

2 096

1 688

Average remuneration per 1 order for legal aid provision (UAH)

499

859

-

Average number of orders per 1 lawyer in Ukraine

38

34

-

19 098

28 204

-

Average legal aid lawyer remuneration in Ukraine (UAH) * Data on 25.03.2015


Number of Orders for Legal Aid Provision Issued for Lawyers by Centres for Secondary Legal Aid Provision in 2013 and 2014* 45000

40000

Total number of orders issued*: 2013 – 70654; 2014 – 67372.

38560 38322

35000

30000

25000

20655 20000

17594

15000

9386

10000

8645

5000

2053

0 defence of persons detained in criminal order

defence in criminal proceedings

2013

2014

* Data on Autonomous Republic of Crimea and Sevastopol’ excluded With above-mentioned data inclusion the number of issued orders is: in 2013 - 76878, in 2014 - 68796.

2811


Indicators of Effectiveness of Legal Aid System’s Lawyers Legal Defence in 2014

140

verdicts of non-guilty

3499 760

cases when weight of accusation or criminal offence qualification was decreased

1140 270

verdicts with softer punishment than specified by the law

closed criminal proceedings

cases when arrest preventive measure was softened as a result of lawyer’s appeal


Efficiency of Legal Aid System’s Lawyers Defence

Verdicts of non-guilty in legal aid system lawyer’s cases/ total number of verdicts of wyers contracted by centres for SLAP/total number of lawyers (2014)

7% (2029)

43% (140) 93% (≈30 000)

75% (365)

Efficiency of legal aid lawyers is 10 times higher than lawyers out of the system


Challenges (I): Equity vs Political Influence

Legal defence of detained Maidan activists Legal defence of persons suspected in separatist / terrorist-related crimes commitment

Legal defence of military men of the 51st Separate Mechanised Brigade of Ukrainian Army; Vitaliy Komar, Commander of the “Prykarpattia� 5th Battalion of Territorial Defence , and other servicemen


Challenges (II): Virtue vs Corruption

Risks on interaction level LAWYER – INVESTIGATOR («pocket lawyers»)

?

Risks on interaction level LAWYER – LEGAL AID CENTRE (disproportionate distribution of cases)


Challenges (III): Independence vs Assimilation

Risk of “raider seizure”, takeover and assimilation of independent, progressive legal aid system by reactionary forces in Ukrainian National Bar Association to freeze the lawyer’s status quo as the key link in chain of judicial system’s corruption mechanism


Legal Aid System Impact in Broader Context of Criminal Justice


Next Steps 1.

Establishment of 100 new local centres for secondary legal aid provision

2.

Re-design of legal aid system as follows: .1st level (front office) – 100 local centres; .2nd level (back office) – 27 regional centres; .3rd (coordination office) – Coordination Centre for Legal Aid Provision

3.

IT development to optimise legal aid system administrative costs, increase its transparency and corruption prevention

4.

Independent Expert Assessment of Legal Aid System on compliance with Council of Europe standards and European Court of Human Rights practice (PACE Resolution dated 05.10.2005 № 1466 (2005) “Honouring of Obligations and Commitments by Ukraine” )

5.

Drafting and adoption of amendments to the Law of Ukraine “On Legal Aid” to broaden access to legal aid, increase its quality and comply with Council of Europe standards and European Court of Human Rights practice



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