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LAW OF UKRAINE

of June 2, 2011 No. 3460-VI

About free legal aid

(as amended on 10-04-2023)

This Law according to the Constitution of Ukraine determines content of the right to free legal aid, procedure for realization of this right, subjects, the bases and procedure for provision of free legal aid, the state guarantees concerning provision of free legal aid".

Section I General provisions

Article 1. Determination of terms

1. In this Law the following terms are used in such value:

1) free legal assistance - legal assistance which is guaranteed by the state and is fully or partially provided at the expense of means of the Government budget of Ukraine, local budgets and other sources;

2) the legal representatives-parents, adoptive parents, parents tutors, adoptive parents, guardians, custodians, assistants registered by guardianship and custody body, capable physical persons which for health reasons cannot independently perform the rights and fulfill duties, and other faces determined by the law, representatives of organizations which perform functions of guardians and custodians;

3) legal assistance - provision of the legal services aimed at providing realization of rights and freedoms of man and citizen, protection of these rights and freedoms, their renewals in case of violation;

4) legal services - provision of legal information, consultations and explanations according to legal issues; creation of statements, claims, procedural and other documents of legal nature; implementation of representation of interests of person in courts, other state bodies, local government bodies, before other persons; ensuring protection of person against accusation; provision to person of the help in ensuring access of person to secondary legal assistance and mediation;

5) legal education complex of the actions directed to increase in level of legal consciousness, culture and education of persons which are under jurisdiction of Ukraine including distribution of information on protection of the rights, freedoms and legitimate interests of man and citizen, accomplishment of their obligations, explanation of procedure for provision of free legal aid and access to it.

Article 2. Law scope

1. This Law regulates the legal relationship in the field of provision of free legal assistance to persons of law on free primary legal assistance and to persons of law on free secondary legal assistance established by this Law.

2. The procedure for provision of free legal assistance to physical persons on charitable bases the physical persons and legal entities which are engaged in charity independently or together with the relevant charitable organizations is regulated by the relevant legislation and charters of these organizations.

Article 3. Right to free legal assistance

1. The right to free legal assistance - the possibility of the citizen of Ukraine, the foreigner, stateless person the, including refugee or person needing additional protection guaranteed by the Constitution of Ukraine to receive in full free primary legal assistance, and also possibility of certain category of persons to receive free secondary legal assistance in the cases provided by this Law.

Article 4. Guarantees of nondiscrimination of persons in access to free legal assistance

1. In case of realization of the right to free legal assistance application of privileges or restrictions is not allowed to persons on signs of race, skin color, political, religious and other convictions, floor, ethnic and social origin, the residence, on language or other signs.

Article 5. The principles of state policy in the field of provision of free legal assistance

1. State policy in the field of provision of free legal assistance is based on the following principles:

1) supremacy of law;

2) legality;

3) availability of free legal assistance;

4) quality assurance of free legal assistance;

5) the guaranteed public financing.

Article 6. Legislation of Ukraine on free legal assistance

Questions of provision of free legal assistance in Ukraine are regulated by the Constitution of Ukraine, this Law, other laws of Ukraine, international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

Article 6-1. System of provision of free legal assistance

1. In system of provision of free legal assistance belong:

1) Coordination center for rendering legal aid;

2) subjects of provision of free primary legal assistance;

3) subjects of provision of free secondary legal assistance.

Section II Provision of Free Primary Legal Assistance

Article 7. Concept of free primary legal assistance

1. Free primary legal help type of the state guarantee, consisting in informing person on its rights and freedoms and obligations, procedure for their realization and execution, recovery of the rights in case of their violation and procedure for appeal of decisions, actions or failure to act of public authorities, local government bodies, official and officials.

2. Free primary legal assistance includes the following types of legal services:

1) provision of legal information;

2) provision of consultations and explanations according to legal issues;

3) creation of statements, claims and other documents of legal nature (except documents of procedural nature);

3-1) No. 3022-IX is excluded according to the Law of Ukraine of 10.04.2023

4) assistance in ensuring access of person to secondary legal assistance and mediation.

Article 8. Persons of law on free primary legal assistance

1. According to the Constitution of Ukraine and this Law all persons which are under jurisdiction of Ukraine have the right to free primary legal assistance.

Article 9. Subjects of provision of free primary legal assistance

1. Subjects of provision of free primary legal assistance in Ukraine is:

1) executive bodies;

2) local government bodies;

3) centers for provision of free legal aid;

4) the specialized agencies on provision of free primary legal aid formed by local government bodies taking into account requirements of territorial community;

5) the legal entities of private law having the right to give legal aid, attracted with local government bodies in the procedure established by the law;

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