Achievements, Challenges, New Ideas
© Coordination Centre for Legal Aid Provision, [email protected]
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 Presidentof Ukraine for international donors on December 3, 2014
"Mutual efforts shall be aimed at further improvement of legal aid quality and support of the implementationof 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)
2Access to legal aid in criminalproceedings provision (2013)
Quality of legal aid in criminal proceedings provision (2014)3
Access to legal aid in civil and administrative proceedings – representation of citizen’s interests provision …4
2012 2013 2014 2015 (budget)0
50
100
150
200
250
300
7.3
49.1
78.8
269.6
Year
mln
UAH
Budget of Legal Aid System in 2012 – 2015 (MLN UAH)
4 years х 37 times
207,2;51%
81,5;20%
49,4;12%
66,7;17%
Lawyers' remuneration Salary Other current costs Capital expenditures
Legal Aid System Budget in 2012 – 2015 (by types of expenditures, MLN UAH)
Quality Management in Legal Aid SystemLawyers Selection
Contests
Compliance with the Standards
Contracts termination
GuidelinesIdentification of training needs Cascade Trainings
Analysis of practices
Exclusion from the Register of Lawyers Providing Legal Aid
Selected lawyers contracted by centres for SLAP
Quality Standards
Failure to comply with the standards
Positive results Financial motivation
Analysis of practices
Monitoring and estimation
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
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
One of the sources for standards – the practice of the ECHR
System of Regular Cascade Training Programmes and Guidelines for Legal Aid System Lawyers
Series 1 - "Criminal Proceedings"
1 ci
rcle
Trainings for Lawyers-Trainers Regional Trainings GuidelinesThe new Criminal Procedure Code: the study and applicationin the light of European standards (6-8 June, 2013)
September-December, 2013 Number of trainings: 73Number of participants: 1685
ІІІ
The methodology of training: planning and training on the useof 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)Actions of the lawyer during the proceedings in the court of the first instance(1-3 February and 1-2 March, 2014)
March-April, 2014Number of trainings: 50Number of participants: 1248
III
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, 2014Number of trainings: 36Number of participants: 1106
IVVVI
Actions of the defender in criminal proceedings on the basisof 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, 2014Number of trainings: 38Number of participants: 1052
VIIVIIIIXX
2 ci
rcle
3 ci
rcle
4 ci
rcle
50+ permanent trainers / moderators
Regular Lawyers Selection Contests
Contests 1st 2nd 3rd 4th 5th 6th 7th
Dates 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
The average passing score(maximum – 5) - 3 3,5 3,6 3,6 3,7 3,7
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’ servicesby the end of period (UAH) 15 494 700 7 069 500 3 125 200
Number of orders for legal aid provision issued for lawyersby centres for SLAP
76 878 68 796 15 656
Number of lawyers contractedby centres for SLAP 2 008 2 096 1 688
Average remuneration per 1 order for legal aid provision (UAH) 499 859 -
Average number of ordersper 1 lawyer in Ukraine 38 34 -
Average legal aid lawyer remuneration in Ukraine (UAH) 19 098 28 204 -
* Data on 25.03.2015
Number of Orders for Legal Aid Provision Issued for Lawyersby Centres for Secondary Legal Aid Provision in 2013 and 2014*
defence
of pers
ons deta
ined in
crim
inal order
defence
of pers
ons deta
ined in
administr
ative
order
defence
in crim
inal pro
ceedings
defence
in separa
te pro
cedural
actions o
f crim
inal pro
ceedings
0
5000
10000
15000
20000
25000
30000
35000
40000
45000
20655
9386
38560
2053
17594
8645
38322
2811
2013 2014* Data on Autonomous Republic of Crimea and Sevastopol’ excludedWith above-mentioned data inclusion the number of issued orders is: in 2013 - 76878, in 2014 - 68796.
Total number of orders issued*:2013 – 70654;2014 – 67372.
Indicators of Effectivenessof Legal Aid System’s Lawyers Legal Defence in 2014
140 verdicts of non-guilty
3499 verdicts with softer punishment than specified by the law
760 cases when weight of accusation or criminal offence qualification was decreased
1140 closed criminal proceedings
270 cases when arrest preventive measure was softened as a result of lawyer’s appeal
Efficiency of Legal Aid System’s Lawyers Defence
Lawyers contracted by centres for SLAP/total number of lawyers (2014)
93% (≈30 000)
7% (2029)
Verdicts of non-guilty in legal aid system lawyer’s cases/ total number of verdicts of non-guilty (2014)
43% (140)
75% (365)
Efficiency of legal aid lawyers is 10 times higherthan lawyers out of the system
Challenges (I): Equity vs Political Influence
Legal defence of detained Maidan activists
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
Legal defence of persons suspected in separatist / terrorist-related crimes commitment
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 freezethe lawyer’s status quo as the key link in chain of judicial
system’s corruption mechanism
Legal Aid System Impactin 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, increaseits 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 Commitmentsby 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 Councilof Europe standards and European Court of Human Rights practice
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