Theoretical and legal characteristics of problem aspects of free secondary legal aid and prospects of their solution

Abstract

The article analyzes problems of providing free secondary legal aid in Ukraine. Based on the studied statistical indicators, it is determined, that the most unresolved issues are the availability and quality of legal aid. It is stated, that in order to overcome these obstacles, the state, represented by the authorized bodies, cooperates with many international organizations, participates in international technical assistance projects and provides communication with international and national public organizations. Based on the study, it is noted, that today attention should be paid not only to highlight the possibility of obtaining free secondary legal aid, but also to the dissemination of mechanisms for obtaining such assistance and their features. It is determined, that today in Ukraine the state and public organizations are actively working to increase the level of availability of free legal aid in Ukraine. The Law of Ukraine «On Free Legal Aid» contains a detailed list of persons entitled, in particular, to receive free secondary legal aid, the rights and obligations of entities to provide such assistance. However due to the abstract nature of legal norms and the style of their presentation, there is a need in society to explain these regulations to the population. To this end, various activities are carried out, in particular, cooperation with the media, publishing brochures, distributing educational videos on the Internet, which has a positive character and, as a consequence, achieving the goal – increasing the availability of free legal aid in Ukraine. The participation of representatives of the international community in providing free legal aid is analyzed. It was stated, that the representatives of the Council of Europe recommended that the national institutions improve the legal framework for the provision of free legal aid in order to make the institution more accessible and understandable to those entitled to receive it. In addition, the Council of Europe recommended improving the area of ​​criminal justice in terms of coherence of efforts to provide each suspect or accused with affordable and quality legal assistance. It is noted, that the quality of free legal aid depends on many factors. In particular, lawyers discussed the thesis of incentives to provide quality assistance, as in a significant number of cases the lawyer interferes with concentration, and as a consequence, reduces the level of positive decisions. It is determined, that free legal aid does not provide support to citizens in applying to international judicial institutions, such as the European Court of Human Rights

Realization of the right to free legal aid: constitutional and sectoral aspects

“…It should be admitted that to date, there is no convincing evidence that under the control of the UNBA, the FSLA system will be better administered than under the leadership of the CC. In fact, this is only an assumption, because numerous and systemic corporate problems identified by authoritative international institutions (CCBE follow-up report on Ukraine, 2014, p. 6-8; Ukraina: konflikt, pozbavlennia prava zaimatysia advokatskoiu diialnistiu ta zupynennia dii litsenzii na zdiisnennia advokatskoi diialnosti, 2014, p. 7, 9-10, 13-14, 16-20; Report on the CCBE fact-finding mission to Kiev, 2013, p. 3,5,9,11,[13][14] remain unresolved in the system of bodies of the advocate's self-government. In the professional community, there are views that the transfer of the function of distributing assignments between advocates to provide FSLA to the bar authorities will lead to nepotism, abuse and other voluntary actions, because it is becoming easier to control a government official than an elected representative of the advocate's selfgovernment (Ivanytskyi, 2017, p. 392).…”