ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of July 2, 2012 No. 967/5

About approval of the Regulations on the centers for provision of free secondary legal assistance

According to part five of article 16 of the Law of Ukraine "About free legal assistance" I ORDER:

1. Approve Regulations on the centers for provision of free secondary legal assistance which are applied.

2. To department of interaction with authorities (Zerkal O. V.) to bring this order to permission 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 permission 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.

4. To the coordination center for provision of legal assistance (Vishnevsky A. V.) provide accomplishment of this order.

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 July 2, 2012 No. 967/5

Regulations on the centers for provision of free secondary legal assistance

1. The centers for provision of free secondary legal assistance (further the centers) will be formed, will be reorganized and liquidated by the Ministry of Justice of Ukraine according to the offer of the Coordination center for provision of legal assistance (further - the Coordination center) taking into account requirements of the corresponding administrative and territorial unit and ensuring access of persons to free legal assistance and are territorial departments of the Coordination center.

2. The centers act on the basis of the provision which is developed according to this Provision and affirms the Coordination center.

3. Activities of the centers extend to the territory of the corresponding administrative and territorial unit (the corresponding administrative and territorial units).

4. The centers are the non-profitable organizations, have the rights of the legal entity, have seal with the image of the State Emblem of Ukraine and the name, own forms, separate balance, accounts in bodies of Treasury.

5. In the activities the centers are guided by the Constitution and the laws of Ukraine, presidential decrees of Ukraine and resolutions of the Verkhovna Rada of Ukraine adopted according to the Constitution and the laws of Ukraine, acts of the Cabinet of Ministers of Ukraine, other acts of the legislation, orders of the Ministry of Justice of Ukraine and the Coordination center, this Provision, and also the provisions.

6. In case of accomplishment of functions on provision of free legal assistance the centers interact with courts, bodies of prosecutor's office and other law enforcement agencies, executive bodies, local government bodies, other subjects of provision of free legal assistance, bodies of lawyer self-government, public associations.

7. The main objectives of the centers are:

1) increase in legal consciousness, culture and education of the population (right education);

2) provisions of free primary legal assistance and free secondary legal assistance;

3) ensuring access to electronic services of the Ministry of Justice of Ukraine.

8. The regional centers for provision of free secondary legal assistance (republican (Autonomous Republic of Crimea), regional, Kiev and Sevastopol city) (further - the regional centers) according to the tasks assigned to them:

1) provide participation of the defender when implementing pre-judicial investigation and judicial proceedings in cases when the defender according to provisions of the Criminal Procedure Code of Ukraine is attracted by the investigator, the prosecutor, the investigative judge or court for protection implementation to destination or carrying out separate legal proceeding, in cases of detention of person, application of measure of restraint to it in the form of detention, administrative detention or administrative detention, and also in cases of provision of free secondary legal assistance to person by a court decision on criminal procedures about prolongation, change or phase-out of enforcement powers of medical nature, in the procedures connected with issue of person (extradition) or in case of the decision court of questions in case of execution of sentences according to Article 537 of the Criminal Procedure Code of Ukraine;

2) provide protection of person condemned to custodial sanction, content in disciplinary battalion of the military personnel or to restriction of freedom according to the address of such person or according to the court order;

3) is concluded by contracts/agreements with the lawyers included in the Register of the lawyers providing free secondary legal assistance according to Procedure and conditions of the conclusion of contracts with lawyers which give free secondary legal assistance on permanent basis, and contracts with lawyers which give free secondary legal assistance on a temporary basis, the approved resolution of the Cabinet of Ministers of Ukraine of January 11, 2012 to No. 8 (in edition of the resolution of the Cabinet of Ministers of Ukraine of December 19, 2012 No. 1214);

4) are received from the lawyers providing free secondary legal assistance, information on provision of such help;

5) are accepted and register messages on detention of persons, resolutions/decisions on involvement of the defender according to provisions of the Criminal Procedure Code of Ukraine the investigator, the prosecutor, the investigative judge or court for protection implementation to destination or carrying out separate legal proceeding;

6) makes the decision on provision of free secondary legal assistance or on refusal in provision of free secondary legal assistance;

7) is issued by powers of attorney to lawyers for provision of free secondary legal assistance to the subjects of the appropriate right determined in Items 3-7 by part one and part two of article 14 of the Law of Ukraine "About free legal assistance" (further the Law), in case of need cancel them in accordance with the established procedure;

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