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Relationship with the Advocacy Ministry of Justice. Part 1

Relationship with the Advocacy Ministry of Justice. Part 1


Ministry of Justice of Ukraine:
-provides the necessary funding for payment of lawyers at public expense in the case of participation of counsel in criminal
case-by appointment and release citizens from paying for legal aid;
-summarizes administrative data on the profession;
-promotes activities to improve the professional skills of lawyers.

Local government bodies within their competence, contribute to the lawyers and the Bar Association in addressing social issues, provide them to rent suitable for work space, set the reduction of rent for use of premises, etc.

Compared with the legislation on the Bar, which operated in Ukraine prior to the adoption of the Law \u0026quot;On Advocacy\u0026quot; in 1992, the competence of the Ministry of Justice on the legal profession has narrowed considerably, and rightly so, since the declared principles of the legal profession in particular, such as independence and the confidentiality rule monitoring provided by lawyers to legal aid, the impact on the decision of internal organizational issues of advocacy. The law \u0026quot;On Advocacy,\u0026quot; prohibits any intervention in the legal profession.

The Rules of attorney ethics also draws attention to the fact that the specific goals and objectives of the legal profession requires maximum independence of lawyers, which provides for its freedom from any external influence, pressure or interference in its activities, including by public authorities.

Thus, the terms of office of the Ministry of Justice on the legal profession is defined, this list is not exhaustive. The Regulations on the Ministry of Justice of Ukraine, approved by Presidential Decree AOR December 1997 1396/97 (as amended), states that the Ministry of Justice of Ukraine \u0026quot;registers the lawyers\u0026#39; association, provides financing to pay lawyers for the state budget in If a lawyer in a criminal case on the appointment and removal of citizens from paying for legal assistance, maintains a roster of lawyers\u0026#39; associations.

Under existing legislation, pay counsel when he participates in by appointment, made by the State in the manner and amount established by the Cabinet of Ministers of Ukraine.

According to the decree of the Cabinet of Ministers of Ukraine dated May 14, 1999 821 \u0026quot;On approval of the remuneration of lawyers to provide legal assistance to citizens through the state Ministry of Justice must provide the Ministry of Finance estimates of the cost of lawyers to provide legal assistance to citizens in criminal cases public expense. Ministry of Finance should make appropriate provision in the draft state budget for next year. The competence of the Ministry of Justice pursuant to paragraph 6 of the Order classified as transfers to the lawyers\u0026#39; association or a lawyer for legal aid.

Amended in 2001 to Art. 47 CCP changes greatly expanded participation appointed counsel, then should be to increase the amount of funds allocated to pay counsel at public expense. The Union of Advocates of Ukraine March 6, 2002 addressed to the Minister of Justice with a letter, which said the inadequate funding of Labor appointed counsel, the cases of misuse of funds allocated by the State for these purposes, obsolete machinery and is too small wage counsel. Union lawyers have repeatedly appealed to the Prime Minister of Ukraine for the necessary funds to pay lawyers in the cases stipulated by law and therefore increase costs in the budget and the allocation of their budgeted separately. From the Ministry of Justice, the answer came from 24 April 2002 that, in accordance with the annual painting of appointment of the State Budget of Ukraine for 2002 under the code 1139 \u0026quot;Payment for other services and other costs are wages paid people\u0026#39;s assessors and lawyers, and other services, and for this code in 2002 included expenditures of: by appellate courts - 1105.3 thousand UAH by local courts - 5,394.7 ths. At the same time, it was reported that the draft law \u0026quot;On state of free legal aid to finance public free legal assistance will be provided from the State budget of Ukraine from the funds made available to relevant government bodies as well as from the fund to ensure the provision of state legal assistance for the Ministry of Justice, enumeration of which are laid in the State Budget of Ukraine separately.

It should be noted also that the funds for legal aid should be credited Bar Association ( lawyer ), The Directorate of Justice Ministry of Justice in the Autonomous Republic of Crimea, regional, Kyiv and Sevastopol city administrations of Justice. Unfortunately, the funds in the region received a timely manner, funding for legal aid is not enough. It is advisable to simplify the procedure for registration of documents for the receipt of funds, transfer the distribution itself the legal profession in Ukraine through the creation of a unified professional organization of lawyers, which would be vested with such functions, which are proposed in the Union of Advocates of Ukraine developed the draft Regulations on the National Chamber (association) Bar.

 

 
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