Open AccessFree secondary legal aid as a method of implementing of constitutional humans rights within the criminal procedure
Author(s) -
Alina Harkusha,
Olena Soldatenko
Publication year - 2020
Publication title -
naukovij vìsnik dnìpropetrovsʹkogo deržavnogo unìversitetu vnutrìšnìh sprav
Language(s) - English
Resource type - Journals
ISSN - 2078-3566
DOI - 10.31733/2078-3566-2020-2-262-268
Subject(s) - law , political science , public defender , legal research , legal profession , legal opinion , criminal justice , institution , public law , private law , black letter law
The article investigates the functionality of the Institute of Secondary Legal Aid in the aspect of exercising a person's constitutional right to defense, comprehensively examines the status of a defender in the process of providing secondary legal aid. In addition, attention was paid to the legal basis and standardization of professional legal assistance. The authors of the article outline the key theoretical and practical problematic aspects of the provision of free secondary legal aid by authorized entities in criminal proceedings in Ukraine. Defender's status in the process of providing secondary secondary legal aid has been established. The article investigates that the bar is the main institution that provides protection, representation of interests of persons entitled to legal aid. In addition, it is considered to be the subject of quality assistance, because it is the lawyers who are directly involved in setting up a free secondary legal aid system. In the course of this study it is found that the term “legal aid” in the context of the Law of Ukraine “On Free Legal Aid” combines the person’s right “to have a defense counsel appointed when the interests of justice (the nature of the case, the consequences for the accused and his ability to defend on their own) require it or when the person does not have sufficient funds to pay for this defender”. The quality of free legal aid depends on many factors. First of all, from how responsibly and me-ticulously the lawyer will perform his work. In particular, the lawyers discussed the thesis of incentives to provide quality assistance, as the large number of cases in the lawyer, hinders concentration, and as a result, reduces the level of positive decisions. In addition, free legal aid does not provide support to citizens in applying to international courts, such as the European Court of Human Rights. Assistance at the international level can be provided by the system of public receptions of the Ukrainian Helsinki Human Rights Union.