Legal services for low-income
June 19, 2003 was adopted by the Law of Ukraine "On social services" ¹ 966-IV (hereinafter - the Law) as amended and supplemented by the laws of Ukraine from 24.06.2004, ¹ 1891-IV and from 16.04.2009, ¹ 1276-VI . This law defines the basic institutional and legal framework to provide social services to persons in difficult situations and need help.
According to Art. 5 Law of Ukraine "On Social Services" a kind of social services are legal services . In this article, legal services are understood as providing advice on current legislation, protection of the rights and interests of persons in difficult circumstances, the promotion of state enforcement and implementation of the legal liability of persons who resort to unlawful acts against the person (preparation of legal documents , help lawyer Protect the rights and interests of the individual, etc.).
One of the conditions for the provision of legal services is a person stay, they should be in difficult circumstances. Article 1 of the Act defines the meaning of "difficult circumstances". In particular, the circumstances that objectively violate normal human activity and the repercussions that it could not overcome on their own (disability, partial loss of motor activity in relation to old age or health status, loneliness, orphanhood and homelessness, etc.) .
But the list of complex life circumstances, which includes art. 1 of the Act is incomplete. Thus, it is advisable to include them:
- wrongful acts of third parties;
- violations of the rights and legitimate interests;
- do not recognize or challenge the rights of a person, his freedom or interests;
- a person commits a misdemeanor;
- administrative detention of persons;
- violations committed against human rights, freedoms, rights or interests of the public authorities, local self-government, their officials and officers, and other stakeholders in their implementation of power management functions;
- persons involved in criminal proceedings as a victim, suspect, defendant, civil plaintiff, civil defendant or witness.
Expanding the list of difficult life circumstances, which may be socially disadvantaged persons, will ensure the realization of their rights.
Person's right to legal assistance
In Ukraine, an important role in ensuring the realization, protection and preservation of the rights and freedoms of man and citizen devoted to a person's right to legal assistance, embodied in Art. 1959 Constitution. It is a constitutional, inalienable human rights and of a general nature. In the context of Part 1 of this article, "Everyone has the right to legal assistance" of "everyone" includes any and all individuals - citizens of Ukraine, foreigners and stateless persons within its territory. The right to legal assistance based on the principles of equality before the law and without discrimination based on race, color, political, religious or other belief, social background, property status, place of residence, linguistic or other grounds.
In addition, the implementation of each of the right to legal aid can not depend on the status of the person and the nature of its relations with other entities. The legal position on this Constitutional Court of Ukraine stated in the Decision of 16 November 2000 in the case of the right of free choice of counsel. In particular, Paragraph 5 of Section 5 the reasoning of this decision stated: "securing the rights of any person on legal aid, a constitutional requirement" everyone is free to choose the defender of their rights "(Part 1 of Article 59 of the Constitution), their content is shared and applies not only to the suspect, defendant or the defendant, but also other individuals, who are guaranteed the right of free choice of a lawyer to defend their rights and legitimate interests arising from civil, labor, family, administrative and other legal relations.
The constitutional right of everyone to legal assistance is essentially a guarantee of the realization, protection and preservation of other rights and freedoms of man and citizen, and this is its social significance. Among the functions of such a law in the society should provide preventive, which not only facilitates the lawful exercise of a person of his rights and freedoms, but also to prevent future violations or illegal restriction of the rights and freedoms by the state authorities, local self-government, their officials and officers.
Legal assistance is multifaceted, varying in content, scope and forms. It may involve consultation, clarification, preparation of claims, appeals, briefs, petitions and complaints, the implementation of representation, particularly in the courts and other public bodies, etc..
Guarantee of legal aid
Based on the content of LCP Solution September 30, 2009, the Constitutional Court of Ukraine said that ensuring every right to legal assistance in the context of Part 2 of Art. 3 and Art. 59 of the Constitution imposes on the states respective responsibilities to ensure the legal entity through an appropriate level. They require the definition in the laws, other regulatory enactments, conditions and methods of providing such assistance. However, not all sectoral laws of Ukraine, in particular the procedural codes that contain provisions aimed at the realization of this right, and this may lead to limitation or restriction of its content and scope.
In addition, to ensure everyone's right to legal assistance is not only constitutional and legal duty of the state but also the observance of international legal commitments undertaken by Ukraine in accordance with the Universal Declaration of Human Rights 1948, Convention for the Protection of Human Rights and Fundamental Freedoms 1950 and the International Covenant on Civil and Political Rights 1966
After analyzing the provisions of Art. 1 of the Law of Ukraine "On Social Services", we can conclude that a person is limited to the receipt of legal aid (Legal Services) and is entitled to her only if her life circumstances match the list of difficult living conditions described in this article. And it is contrary to Art. 59 and 1964 Constitution. Thus, based on the content of decisions KSU dated 30 September 2009 and November 16, 2000, as well as art. 59 and 64 of the Constitution, it is expedient to amend the Law on social services. Thus, in paragraph 3 of Article. 1 of the Act is necessary to expand the meaning of "complex circumstances of life."