ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of June 15, 2012 No. 891/5

About approval of the Procedure and criteria of attraction of private law by local government bodies of legal entities to provision of free primary legal assistance

According to part six of article 12 of the Law of Ukraine "About free legal assistance" I ORDER:

1. Approve the Procedure and criteria of attraction of private law by local government bodies of legal entities to provision of free primary legal assistance which is applied.

2. To department of interaction with authorities (Zerkal O. V.) to bring this order to the attention of head departments of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, in areas, the cities of Kiev and Sevastopol.

3. To chiefs of head departments of justice of the Ministry of Justice of Ukraine in the Autonomous Republic of Crimea, in areas, the cities of Kiev and Sevastopol to bring this order to the attention district, district in the cities, city (the cities of regional value), gorrayonny and interdistrict justice departments, the corresponding local executive bodies, and also local government bodies and to provide provision of the appropriate konsultatsionnometodichesky assistance.

4. To the coordination center for provision of legal assistance (Vishnevsky A. V.) provide provision of the appropriate consulting and methodical assistance to local government bodies.

5. To impose control over the implementation of this order on the first deputy Minister Yemelyanova I. I.

6. This order becomes effective from the date of its official publication.

 

Approved by the Order of the Ministry of Justice of Ukraine of June 15, 2012, No. 891/5

Procedure and criteria of attraction of private law by local government bodies of legal entities to provision of free primary legal assistance

I. General provisions

1.1. This Procedure determines the mechanism and criteria of attraction of private law by local government bodies of legal entities to provision of free primary legal assistance.

1.2. The terms used in this Procedure have such value:

the tender documentation - set of documents which goes or provided by the organizer of tender it to participants for preparation of competitive offers;

the competitive offer - set of documents which prepares the participant of tender according to the established requirements and moves to the organizer of tender;

the organizer of tender - local government body;

the participant of tender - the legal entity of private law who submitted the application about participation in tender.

1.3. Involvement of legal entities of private law to provision of free primary legal assistance in the territory of the corresponding administrativnoterritorialny unit is performed by results of tender of projects (programs) of provision of free primary legal assistance by local government body based on the signed agreement.

1.4. Legal entities of private law who according to the charter have the right to give legal assistance can take part in tender.

II. Organization of preparation and announcement of tender

2.1. For carrying out tender his organizer prepares the tender documentation which shall contain such information:

2.1.1 name and location of the organizer of tender;

2.1.2 name of the project (program);

2.1.3 the list of services of free primary legal assistance which provision will be covered by the project (program), and also their amount, the territory and terms of provision, the number of persons of law on free primary legal assistance, requirements to arrangement of points of access to services of free primary legal assistance and the mode of their work;

2.1.4 requirements concerning quality of provision of legal services;

2.1.5 qualification requirements to participants of tender, namely concerning availability:

staff employees and/or experts of the corresponding qualification which can give primary legal assistance;

experience of provision of services in the field of legal assistance;

material and technical resources;

financial opportunity (annual turnover);

2.1.6 requirements to content, registration and procedure for submission of competitive offers;

2.1.7 the list of documents which are filed by participants of tender for confirmation of their compliance to the established qualification requirements, in particular:

the original of extraction from the Unified State Register of Legal Entities and physical persons - entrepreneurs;

the original of the certificate of absence of the participant of tender in the single database about the companies concerning which proceeedings about bankruptcy, with the term of issue of no more monthly prescription concerning date of opening of competitive offers are initiated;

the copy of the charter (provision) of the legal entity certified in accordance with the established procedure;

2.1.8 procedure and term of submission of the request about participation in tender;

2.1.9 procedure and term of submission of competitive offers;

2.1.10 surname, name, middle name of person (persons) which will perform communication with participants of tender, their phone numbers and e-mail addresses;

2.1.11 possibility of holding meetings of his participants by the organizer of tender for the purpose of provision of explanations concerning contents of the tender documentation and modification of it;

2.1.12 place, date and time of consideration of competitive offers;

2.1.13 criteria and technique of assessment of competitive offers;

2.1.14 the expected project cost and/or the general budget available to its realization.

2.2. The announcement of carrying out tender will be promulgated in local mass media and on the official website of the organizer of tender not later than in thirty calendar days prior to date of its carrying out.

The announcement shall contain information specified in subitems 2.1.1-2.1. 3, 2.1.8-2.1.12 Items 2.1 of this Section. In the announcement conditions and procedure for the address of applicants for receipt of the tender documentation are also specified.

2.3. The tender documentation goes by mail or is provided personally to the participant of tender within three working days from the date of obtaining from the participant of tender of the request about participation in tender.

2.4. The participant of tender not later than in seven calendar days prior to the termination of term of submission of competitive offers can address in writing for explanation concerning contents of the tender documentation the organizer of tender who shall send within three working days to the participant the written answer.

2.5. The organizer of tender not later than in 14 calendar days prior to the termination of term of submission of competitive offers can make changes to the tender documentation about what shall report within three working days to all participants of tender to whom the tender documentation is sent.

2.6. In case of untimely modification of the tender documentation or provisions of explanations of its content the organizer of tender shall extend the term of submission of competitive offers for seven at least calendar days.

2.7. When holding meetings of his participants by the organizer of tender for the purpose of explanation of contents of the tender documentation the protocol which copy goes within three working days to all participants is taken.

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