ПОРЯДОК ЗАБЕЗПЕЧЕННЯ КОНСТИТУЦІЙНОГО ПРАВА ЛЮДИНИ НА ПРОФЕСІЙНУ ПРАВНИЧУ ДОПОМОГУ В УКРАЇНІ

Abstract

It is noted that when receiving paid professional legal assistance, the person independently becomes the initiator of its receipt, turns to the specialist (advocate, other specialist in law) required for it, depending on the type of case. The choice of the form and subject of such assistance depends on the will of the person who wishes to receive it. Between an advocate and a client an agreement on the provision of legal assistance is entered into - an agreement under which one party (advocate, advocate office, advocate association) undertakes to render legal assistance to the other party to the contract (the client) on terms and in the manner prescribed by the agreement, and the client undertakes to pay for the provision of legal aid - the remuneration (fee) and actual expenses necessary for the performance of the contract, if such payment is stipulated by the contract. The contract for the provision of legal assistance also applies the general provisions of the civil law of the contract. The procedure for the provision of free primary and secondary legal aid is regulated by the Law of Ukraine «On Free Legal Aid» dated June 2, 2011 No. 3460-VI. For free primary legal aid, direct contact with central and local executive authorities, territorial bodies of central bodies of executive power and local self-government bodies may be adults, and they must do so in accordance with the competence of the above-mentioned bodies. For children, applications are sent or submitted by their legal representatives (parents or adoptive parents, guardians). If a person is incapacitated or restricted, the appeal is sent or given by its guardian or trustee. The term of the provision of primary legal aid (of any kind of legal services) is 30 calendar days from the time the application is registered by the relevant body. In the case of a request for information, such assistance is provided within 15 calendar days. Requests for the provision of secondary legal aid shall be submitted by adults to the Center for the provision of free secondary legal aid or to the territorial justice authority at the place of actual residence of such persons, regardless of the registration of the place of residence or place of residence of the person. The term for making a decision on the provision of free secondary legal aid is 10 calendar days. The term of the term begins from the day after the corresponding appeal to the Center for the provision of free secondary legal aid. If a person has applied for the provision of legal services to a territorial justice body, this body is obliged to send it to the Center for the provision of free secondary legal aid within three days from the date of submission of the application, whose activities extend to the territory of the respective administrative-territorial unit. The Center for the provision of free secondary legal aid is obliged to take a decision on the provision of free secondary legal aid within seven days from the day the person receives the application. Th e procedure for informing centers on the provision of free secondary legal aid on cases of detention, administrative arrest or the use of preventive measures in the form of detention was approved by the resolution of the Cabinet of Ministers of Ukraine dated December 28, 2011 No. 1363. It is concluded that the procedure for ensuring the human right to professional legal assistance depends on: 1 ) the type of assistance the person requires, according to the economic (material) criterion - paid or free of charge; 2) assigning a person to the category of persons entitled to free secondary legal assistance (low-income, disabled, combatants, persons subject to administrative detention, detained in accordance with the provisions of criminal procedural law, etc.); 3) the type of case, depending on the field of law (criminal proceedings, representation in civil, administrative, economic court, etc.).