Provision of free-of-charge legal aid by starosta – expert explanation

Author: Oleksandr Vrublevskyi,

DESPRO expert adviser on starostas’ activity and cooperation of hromadas

In accordance with the Constitution of Ukraine, everyone has the right to a professional legal assistance, which, in cases envisaged by the law, is provided free of charge (Article 59). The procedure for the implementation of this constitutional provision is determined by the Law of Ukraine “On Free-of-Charge Legal Aid” dated 2 June 2011 No 3460-VI (hereinafter referred to as the Law No 3460-VI).

Before considering the provision of free legal aid by starosta, let’s find out the meaning of the concept of the “free-of-charge legal aid”, its types, those entitled to provide it and receive?

Law No 3460-VI defines free-of-charge legal aid as legal assistance, guaranteed by the state and fully or partially provided at the expense of the State Budget of Ukraine, local budgets and other sources (point 1, part 1, article 1).

The right to free-of-charge legal aid is an opportunity of a citizen of Ukraine, foreigner, stateless person, including a refugee or a person who needs additional protection, guaranteed by the Constitution of Ukraine, to receive a full-scale free primary legal aid, as well as the possibility for a certain category of persons to receive a free secondary legal assistance in cases stipulated by Law No 3460-VI.

As we see, there are two types of legal aid:

  • free-of-charge primary legal aid;

  • free-of-charge secondary legal aid.

The full version is available in Ukrainian – please click HERE

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