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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 4, 2013 No. 130

About approval of the Procedure for use of the means provided in the government budget for fee and expense recovery of lawyers who provide free secondary legal assistance

(as amended on 20-12-2017)

The Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for use of the means provided in the government budget for fee and expense recovery of lawyers who provide free secondary legal assistance which is applied.

2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 4, 2013, No. 130

Procedure for use of the means provided in the government budget for fee and expense recovery of lawyers who provide free secondary legal assistance

1. This Procedure determines the mechanism of use of the means provided in the government budget according to the budget program "Fee and Expense Recovery of Lawyers on Provision of Free Secondary Legal Assistance" (further - budgetary funds).

2. The main manager of budgetary funds is the Ministry of Justice.

Executive in charge of the budget program is the Coordination center for provision of legal assistance (the dalshekoordinatsionny center).

Managers of budgetary funds of the lowest level is the Coordination center, its territorial departments - the centers for provision of free secondary legal assistance (the centers are farther).

3. Budgetary funds are allocated on:

1) fee and expense recoveries (activities payment) for provision of free secondary legal assistance of lawyers which gave such help during the current budget period and also lawyers who began to give such help prior to the beginning of the current budget period and gave it to emergence of the bases for the termination of provision of free secondary legal assistance determined by the law;

2) No. 192 is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 18.06.2014;

3) compensation of lawyers on provision to citizens of legal assistance in criminal proceedings (criminal cases) which till January 1, 2013 performed protection to destination of the investigator of the prosecutor, the investigative judge (court), and also lawyers who began to perform such protection till January 1, 2013 and perform it before the end of criminal proceedings (criminal case).

4) fee of translators (signers) who are attracted by the centers for ensuring provision of free secondary legal assistance to persons of law on such help according to the Law of Ukraine "About free legal assistance" in case the specified subjects do not know state language and/or are deaf, mute or deaf-and-dumb.

4. The fee and expense recovery (activities payment) of lawyers at the expense of budgetary funds provided by the subitem of 1 Item 3 presents of the Procedure are performed by the centers according to the resolution of the Cabinet of Ministers of Ukraine of September 17, 2014 No. 465 "Questions of fee and expense recovery of the lawyers providing free secondary legal assistance" (The Official Bulletin of Ukraine, 2014, No. 77, the Art. 2189).

5. The compensation of lawyers at the expense of budgetary funds provided by the subitem 3 of Item 3 of this Procedure is performed by the centers in the amount of 2,5 of percent of the monthly size of the subsistence minimum for able-bodied persons established for January 1 of calendar year for working hours of the lawyer during implementation of criminal proceedings.

The basis for compensation of lawyers on provision of legal assistance to citizens in criminal proceedings (criminal cases) in such cases is the resolution of the investigator, prosecutor or determination of the investigative judge (court) and the certificate of participation of the lawyer in criminal proceedings (criminal case) which is drawn up by them according to appendix 1 to this Procedure.

The copy of the relevant resolution (determination) and the certificate of participation of the lawyer in criminal proceedings (criminal case) move to the head of lawyer consolidation (lawyer bureau) or the lawyer if he works individually which constitutes the reference calculation in triplicate according to appendix 2 to this Procedure.

The head of lawyer consolidation (lawyer bureau) or the lawyer sends one copy of the reference calculation to the investigator, the prosecutor or the investigative judge (court) which acquaints him with criminal proceedings, the second - gives to the center, third - is stored in cases of lawyer consolidation (lawyer bureau, the lawyer). Documents based on which it is constituted are attached to each copy of the reference calculation.

The paragraph the fifth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 18.06.2014 No. 192.

The paragraph of the sixth is excluded according to the Resolution of the Cabinet of Ministers of Ukraine of 18.06.2014 No. 192.

The centers perform the references calculations and documents received from lawyer associations (lawyer bureaus, lawyers) which are attached to them, and in case of identification of mistakes in calculation of the amount of means which is subject to payment to the lawyer, or other mistakes in this connection it is impossible to perform payment, such documents return for completion with indication of return reason.

The centers transfer budgetary funds to lawyer associations (lawyer bureau, lawyers) within 30 days after receipt from them of references calculations and documents which are attached to them.

5-1. The fee of translators (signers) at the expense of budgetary funds provided by the subitem 4 Items 3 presents of the Procedure is performed by the centers based on the signed service provision agreements of transfer, including with physical persons entrepreneurs / legal entities, according to requirements of the civil legislation.

6. Opening of accounts, registration, accounting of budget obligations in bodies of Treasury and carrying out the transactions connected with use of budgetary funds are performed in the procedure established by the legislation.

7. Transfer of budgetary funds to lawyer associations (lawyer bureau, lawyers) is performed based on the documents filed by them.

8. The debt on the budget obligations of last years registered by bodies of Treasury is subject to repayment in the current budget period.

9. Creation and submission of financial and budget reports about use of budgetary funds, the report on accomplishment of the passport of the budget program (including on productive indicators), and also control of target and effective expenditure of budgetary funds are performed in the procedure established by the legislation.

Appendix 1

to the Procedure

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