Subjects of the Free Legal Aid’s Relations in Ukraine

Abstract

The Constitution of Ukraine, the Law of Ukraine «On the Judicial System and Status of Judges», and a verdict of the Constitutional Court of Ukraine stipulates that every person in Ukraine is guaranteed the right to a free legal service. That is why we can say that in our country exists a legal framework for the activity and development of the legal aid institution, the realization of which is presented in two forms (primary and secondary). The most distinctive features of these types are the availability of access to justice and to the subjects, which are entitled to such assistance. For example, primary legal aid is granted to any person who is situated at the territory of Ukraine. As to the secondary one – the corresponding circles of recipients of legal aid are much more narrow and exhaustive. For example, they can be represented as: orphans, persons who are under administrative detention or arrest, persons who, in accordance with the provisions of the criminal procedure law, are considered to be detainees, children of war, refugees, persons on whom the restrictions of civil capacity of a natural person’s recognition are considered by the court, individually incompetent persons and people whose civil capacity is renewed, people for whom the implementation of compulsory medical treatment is considered to be necessary, etc. In addition to individuals who are eligible for legal aid, there are other subjects – providers of legal aid. In particular, providers of such assistance can be: the executive power; local governments; natural and legal persons of private law; specialized institutions (primary legal assistance) centers of free secondary legal aid and barristers on the roster of barristers, who provide free secondary legal assistance (secondary legal aid). However a deeper analysis of the current legislation follows that only barristers as persons with relevant experience, knowledge and authority are entitled to provide high qualified (both primary and secondary) legal aid.